General Terms & Conditions

for B2B Business / Wholesale Trade

1. Scope of Application
1.1.
These General Terms & Conditions apply to all deliveries and services provided by NovaTera Handel GmbH to entrepreneurs within the meaning of the Austrian Commercial Code (UGB).
1.2. Any deviating or supplementary terms of the customer shall only apply if they have been expressly accepted in writing.

2. Contract Formation
2.1.
All offers are subject to change and non-binding.
2.2. A contract shall only be concluded upon written order confirmation or delivery of the goods.

3. Prices
3.1.
All prices are net prices and are subject to the applicable statutory value-added tax (VAT).
3.2. Shipping, transportation, customs, and insurance costs shall be charged separately unless otherwise agreed.

4. Delivery and Delivery Time
4.1.
Delivery dates are non-binding unless expressly agreed in writing as binding.
4.2. Delivery delays caused by force majeure, supply shortages, or other unforeseen circumstances shall not entitle the customer to claim damages.
4.3. Partial deliveries are permitted insofar as they are reasonable for the customer.

5. Retention of Title
5.1.
The delivered goods shall remain the property of the seller until full payment of all outstanding claims has been received.
5.2. The customer is obliged to handle the goods with due care until full payment has been made.

6. Warranty
6.1.
The customer shall inspect the goods immediately upon receipt and notify any apparent defects in writing within five (5) working days.
6.2. In the event of justified defects, the seller may choose either to remedy the defect or provide a replacement delivery.
6.3. Any further claims shall be excluded to the extent permitted by law.

7. Liability
7.1.
The seller shall only be liable for damages caused intentionally or through gross negligence.
7.2. Liability for loss of profit, consequential damages, or indirect damages shall be excluded to the extent permitted by law.

8. Data Protection
8.1.
Customer data shall be processed exclusively in accordance with the applicable data protection regulations.
8.2. Further information can be found in the company’s Privacy Policy.

9. Jurisdiction and Applicable Law
9.1.
Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2. The competent court at the registered office of the company shall have jurisdiction over all disputes.

10. Final Provisions
Should any provision of these General Terms & Conditions become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.