General Terms and Conditions (GTC) of HERMETEX GmbH, FN463247x, ATU71894257

1. General These General Terms and Conditions (GTC) apply to the sale and delivery of goods by HERMETEX GmbH, Opernring 1/R745-748, A-1010 Vienna, FN 463247 x. These GTC apply exclusively to transactions between businesses. All offers from HERMETEX are non-binding. The contract is only concluded through a written order confirmation or the shipment of the goods. The commercial or non-commercial resale of goods purchased from HERMETEX is generally prohibited, except for authorized distributors (see Section 10).
2. Delivery is made from the Gerotten plant (EXW according to Incoterms 2020). The risk passes to the customer, their agent, or the carrier chosen by them upon handover of the goods – regardless of whether the delivery is carried out by a freight forwarder commissioned by HERMETEX or by self-pickup. If delivery is made via tanker truck, the risk passes upon transfer to the customer’s tank facility. The customer is responsible for the cleanliness and tightness of their tanks. The delivered quantity is determined by the tanker truck’s measurement system and is binding; a deviation of up to 1 percent is considered customary. If delivery cannot take place due to the absence of a reception facility, the customer bears any standing charges or additional costs.
3. Product Specifications & Liability Delivered products comply with the agreed specifications or applicable standards. HERMETEX assumes no liability for damage caused by improper storage, contamination, mixing, incorrect handling, or unsuitable storage or conveying systems of the customer. Liability for damage to equipment or technical systems is excluded, provided the goods were delivered as agreed.
4. Returns & Quality Assurance Returns are excluded once the goods have been introduced into the customer’s system or container. The customer confirms that their storage and receiving systems are clean and free of foreign substances.
5. Quality Assurance and Complaints Complaints are generally excluded after the goods have been taken over. An inspection can only take place if the customer immediately reports a verifiable defect in writing after delivery and before use. If an inspection is necessary, it may only be carried out by an independent, accredited testing institute (e.g., DEKRA, TÜV). The customer must prove that the sample originates from the delivered batch. The batch number can be determined based on the calendar week of delivery. For this purpose, the sample must be taken directly from the customer’s storage or processing system in the presence of a witness designated by HERMETEX, immediately sealed, and clearly assigned to the delivered batch. Manipulation of the sample before official collection will invalidate the complaint. HERMETEX retains reference samples for each batch. If the inspection confirms that the delivered goods meet the agreed specifications, the customer bears the inspection costs. Additionally, the inspection is validated using a HERMETEX reference sample to prevent manipulation.
6. Payment Terms Invoices are due immediately without deduction. In case of late payment, default interest of 9.2% p.a. above the base rate applies. The customer bears all reminder and collection costs. Set-off against claims of HERMETEX is excluded.
7. Retention of Title The goods remain the property of HERMETEX until full payment has been made. In the event of late payment, HERMETEX is entitled to reclaim the goods.
8. Contract Cancellation & Cancellation Fee If the customer withdraws from the contract without legal reason, a cancellation fee of 20% of the net goods value applies. Additionally, any incurred production or delivery costs may be charged.
9. Data Protection The processing of personal data is carried out in accordance with the GDPR for contract execution and statutory retention obligations. The customer has the right to access, rectify, delete, and object to the processing of their data.
10. Special Provisions for Distributors Distributors are permitted to resell the goods. As long as the purchase price has not been fully paid, claims from resales are assigned to HERMETEX as security. HERMETEX may disclose this assignment and directly demand payment from the end customer if the distributor defaults on payment.
11. Place of Performance, Jurisdiction & Applicable Law The place of performance is Vienna. Austrian law applies, excluding the UN Sales Convention. The court of jurisdiction is the competent court in Vienna.
12. Final Provisions Should individual provisions be invalid, the remainder of the contract remains effective. Amendments must be made in writing.
13. License Notice (required only for AdBlue) HERMETEX is an AdBlue® licensee of the VDA and produces in accordance with ISO 22241.
14. Confirmation By signing the delivery note, the customer confirms that they have read, understood, and accepted the GTC as well as the guidelines and customer instructions.