1.1. Unless otherwise agreed in writing, the business relationship between TIGER Coatings GmbH & Co. KG (hereinafter: TIGER Coatings) and the CUSTOMER (as defined in section 1.4) shall be governed exclusively by the following Terms of Delivery and Payment (hereinafter: GTC) and the warranty conditions, if any, of TIGER Coatings applicable for the ordered product. The GTC and the warranty conditions of TIGER Coatings apply, in particular to the making of offers, the conclusion of sales contracts and the delivery of products by TIGER Coatings in the version valid at the time of the order and are available for download in the download area at www.tiger-coatings.com/terms/at.
TIGER Coatings does not accept deviating general terms and conditions and/or other deviating terms of the CUSTOMER, unless TIGER Coatings expressly agrees to their validity in writing.
1.2. Telecommunicative transmission, in particular by email, shall be sufficient to comply with the written form obligation within the meaning of these GTC.
1.3. For orders placed by the CUSTOMER in the TIGER Coatings Webshop (www.tiger-coatings.com/shop hereinafter: TIGER-Webshop) the provisions of clause 19 shall apply in particular.
1.4 The range of services and goods offered by TIGER Coatings, including the offers in the TIGER-Webshop, is exclusively addressed to businesses within the meaning of section 1 KSchG (Austrian Consumer Protection Act) (hereinafter the CUSTOMER). TIGER Coatings does not offer services and/or sell goods to consumers within the meaning of section 1 KSchG.
2. Offers and Orders:
Offers made by TIGER Coatings are not binding, especially with regard to the quoted prices, quantities, delivery times and the general availability of the products. TIGER Coatings will confirm the receipt of the CUSTOMER’s order in writing. This acknowledgement of receipt of the order does not constitute a binding acceptance of the CUSTOMER’s order. Orders of the CUSTOMER will be binding on TIGER Coatings only upon actual delivery.
3. Notice obligation of CUSTOMER:
Should the CUSTOMER intend to use the products ordered from TIGER Coatings in the following fields of application: automotive, aviation, railways, wind energy, railed vehicles, cable cars, power plants, watercraft, structural glazing or if the CUSTOMER intends to use the products in an area of application in which the product comes in contact with food, drinking water or electronics, the CUSTOMER shall notify TIGER Coatings of such intended use in writing
- in case of custom- made products before TIGER Coatings produces the first sample;
- in case of standard products before or - at the latest - at the time the CUSTOMER orders the products.
The CUSTOMER shall also notify TIGER Coatings in writing at the aforementioned time (in the case of custom-made products before TIGER Coatings produces the first sample or, respectively, in case of standard products before or at the latest at the time the CUSTOMER orders the standard products), if the ordered products are intended for application on parts that are typically subject to product safety risks in the sense of the applicable product safety regulations.
4. Delivery and ship date:
The Incoterms (latest valid version) shall apply for deliveries. EXW Wels (TIGER Coatings) applies as the standard term. However, TIGER Coatings expressly reserves the right to deviate from this standard term at its own discretion and, e.g. apply the CPT provisions in case the CPT provisions are more favourable to the CUSTOMER. If the CUSTOMER insists on the standard term EXW Wels (TIGER Coatings), the Customer must declare this in the offer.
The indicated delivery date information is based on longstanding experience but is non-binding. No liability shall be accepted for non-compliance with given delivery dates.
5. Returnable Packaging:
Only packaging material that is explicitly marked as returnable will be taken back by TIGER Coatings. Such packaging shall be returned within three months by the CUSTOMER to TIGER Coatings at no cost in perfect condition and without any need for repair. In case of a return after the expiration of the three months, no credit will be given by TIGER Coatings.
6. Retention of title and assignment:
6.1. TIGER Coatings retains title to all products delivered until full settlement of the sales price and any and all connected claims. Both the goods and the goods covered by the retention of title which take their place in accordance with the following provisions are hereinafter referred to as Goods Subject to Retention of Title. The CUSTOMER shall store the Goods Subject to Retention of Title for TIGER Coatings without consideration.
6.2. The CUSTOMER shall be entitled to process the Goods Subject to Retention of Title in the ordinary course of business until the occurrence of an enforcement event. Pledges and transfers of ownership by way of security are not permitted.
6.3 If the Goods Subject to Retention of Title are processed by the CUSTOMER, it is agreed that processing shall be carried out in the name and for the account of TIGER Coatings as the manufacturer, without TIGER Coatings incurring any liabilities as a result thereof, and that TIGER Coatings shall directly acquire ownership or – if processing is carried out using substances with multiple owners or the value of the processed item is higher than the value of the Goods Subject to Retention of Title – co-ownership of the newly created item at the ratio of the value of the Goods Subject to Retention of Title to the value of the newly created item. In the event that the CUSTOMER does not acquire such ownership, the CUSTOMER hereby assigns their future ownership or – at the above ratio – co-ownership of the newly created item to TIGER Coatings as security. If the Goods Subject to Retention of Title are combined or inseparably mixed with other items to form a uniform item, and if one of the other items is to be regarded as the main item, then the CUSTOMER shall transfer to TIGER Coatings pro rata co-ownership of the uniform item at the ratio specified in sentence 1, insofar as the main item belongs to the CUSTOMER.
6.4 In the event of resale of the Goods Subject to Retention of Title, the CUSTOMER hereby assigns to TIGER Coatings by way of security the claim against the buyer arising therefrom – in the event of co-ownership by TIGER Coatings of the Goods Subject to Retention of Title, in proportion to the co-ownership share. The same applies to other claims that take the place of the Goods Subject to Retention of Title or otherwise arise with regard to the Goods Subject to Retention of Title, such as insurance claims or claims in tort in the event of loss or destruction. TIGER Coatings revocably authorises the CUSTOMER to collect the claims assigned to TIGER Coatings in their own name. TIGER Coatings may only revoke this collection authorisation should an enforcement event arise.
6.5 If third parties gain access to the Goods Subject to Retention of Title, in particular by way of seizure, the CUSTOMER shall immediately inform them of TIGER Coatings’ ownership and inform TIGER Coatings thereof, in order to enable TIGER Coatings to enforce their ownership rights. If the third party is not able to reimburse TIGER Coatings for the judicial or extrajudicial costs incurred in this regard, the CUSTOMER shall be liable to TIGER Coatings.
6.6 TIGER Coatings shall release the Goods Subject to Retention of Title as well as the items or claims replacing them insofar as their value exceeds the amount of the secured claims by more than 30%. The items to be released thereunder shall be selected by TIGER Coatings.
6.7 If TIGER Coatings withdraws from the contract in the event of a breach of contract – in particular default of payment – by the CUSTOMER (enforcement event), TIGER Coatings shall be entitled to demand the return of the Goods Subject to Retention of Title.
7. Conditions of payment and default:
Payment shall be made:
- (a) either within 8 days as of invoice with a 2 percent discount; or
- (b) within 30 days as of the invoice date, net cash.
In the event TIGER Coatings acts as contract filler, payment shall be made net cash upon receipt of the invoice.
For credit card payment, no discount according to section 7(a) is granted. In the event of rejection of the credit card charge, the CUSTOMER undertakes to pay within the time limit set out in section 7(b) plus any costs incurred.
In case of payment by way of bills of exchange, bank discount charges and collection fees shall be borne by the CUSTOMER and shall be payable immediately in cash.
Late payments shall be subject to interest on arrears in the amount of 1 percent a month. Any reminder charges, collection charges and lawyer’s fees in an adequate amount shall be borne by the CUSTOMER. lf the CUSTOMER defaults in the payment of one or more deliveries, TIGER Coatings shall be entitled to suspend any further deliveries until effected payment or to withdraw from existing contracts with the CUSTOMER. Any notice of defect etc. shall not release the CUSTOMER from their obligation to comply with the terms of payment as set forth above.
8. Warranty and damages:
If the present GTC, especially in this section 8, contain contradictory provisions in respect to the warranty conditions of TIGER Coatings applicable for the product ordered (see section 1.1) these warranty conditions shall prevail.
(1) TIGER Coatings does not warrant that the products are fit for a specific intended use, nor does TIGER Coatings give a warranty for the quality of the produced coatings, prints, components, etc. Before use, the CUSTOMER shall examine the delivered products for their fitness for the intended use. Furthermore, it shall be the CUSTOMER’s responsibility to observe the technical instructions issued by TIGER Coatings, in particular pre-treatment and cleaning information, compatibility information and performance specifications as well as product and safety data sheets, and to create the necessary conditions for the use of TIGER Coatings’ products.
The CUSTOMER shall indemnify and hold TIGER Coatings harmless in respect of any third-party claims resulting from a breach of the CUSTOMER’s obligations.
(2) TIGER Coatings warrants that the products are free from defects in materials and workmanship at the time of delivery to the CUSTOMER or, where necessary, inspection and acceptance by the CUSTOMER. The warranty period shall be 6 months from delivery or, if inspection and acceptance is required, from the point of inspection and acceptance. This limitation period also applies to claims for damages due to a defect.
Information provided by TIGER Coatings on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data, or specifications on product data sheets) as well as representations thereof (e.g. drawings and illustrations) are only approximate, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but rather descriptions or designations of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of products with equivalent products shall be permissible insofar as they do not impair usability with regard to the contractually intended purpose.
For sales based on samples or specimens, TIGER Coatings only warrants for the agreed or approved characteristics of the sample or specimen, whereas minor variations in quality, colour and effect are permissible; greater variations are permissible for sales based on colour and effect cards. (3) Unless otherwise agreed in writing, TIGER Coatings shall not provide any other warranty and disclaims all warranties.
(4) The items delivered by TIGER Coatings shall be inspected carefully immediately after delivery to the CUSTOMER or to the third party designated by the CUSTOMER. They shall be deemed to have been accepted by the CUSTOMER with regard to obvious defects or other defects which would have been apparent in the course of an immediate, careful inspection, if TIGER Coatings does not receive a written notice of defects within 7 working days of delivery. By way of derogation from this, notices of defects by the CUSTOMER concerning the quantity and weight of the products shall be made immediately upon receipt of the products, otherwise they will not be accepted. In any event, notices of defects referring to the condition of the products shall be made in writing to TIGER Coatings before processing or mixing of the product.
With regard to other defects, the delivery items shall be deemed to have been accepted by the CUSTOMER if TIGER Coatings does not receive a notice of defects within 7 working days of when the defect became apparent; however, if the defect was already apparent at an earlier time during normal use, this earlier time shall be deemed applicable for the commencement of the period for the notice of defects.
This shall also apply accordingly to sales based on samples or specimens, provided that the CUSTOMER is required to examine the sample or specimen immediately in the aforementioned sense and give notice of any defects, and not only after the main delivery.
(5) The CUSTOMER’s rights under the warranty of TIGER Coatings shall be limited in general to an adequate price reduction or the exchange or taking back of the deficient product, at the option of TIGER Coatings. In the event of defects in products from other manufacturers which TIGER Coatings cannot remedy for licensing or factual reasons, TIGER Coatings shall, at their option, assert their warranty claims against the manufacturers and suppliers for the account of the CUSTOMER or assign them to the CUSTOMER. In the event of such defects, warranty claims against TIGER Coatings shall only exist under the other conditions and in accordance with these GTC if legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, e.g. due to insolvency. (6) The CUSTOMER’s rights, including defects of title rights, shall be excluded if the CUSTOMER (i) without the consent of TIGER Coatings, modifies the delivery item or has it modified by third parties, (ii) recycles it or has it recycled by third parties, (iii) uses it contrary to the purpose of the contract, legal requirements or requirements issued by TIGER Coatings, or (iv) uses it with incompatible equipment. This shall not apply if the aforementioned circumstances were not the cause of the defect.
Likewise, the CUSTOMER’s rights are excluded if Materials specified, provided or approved by the CUSTOMER within the meaning of section 10.4 were the cause of the defect.
(7) If a defect is due to the fault of TIGER Coatings, the CUSTOMER shall be entitled to claim damages under the conditions set out in section 8.2.
(8) The burden of proof for the defectiveness shall be on the CUSTOMER, the presumption of defectiveness according to section 924 ABGB (Austrian Civil Code) shall not apply. Likewise, section 933b ABGB shall not apply.
(1) TIGER Coatings’ liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contractual negotiations, and tort, shall be limited, insofar as fault is relevant in each case, in accordance with the provisions of this section 8.2.
(2) TIGER Coatings shall not be liable in the event of ordinary negligence on the part of their executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. To the extent permitted by law, this shall apply accordingly to plain gross negligence.
(3) Insofar as TIGER Coatings is liable for damages on the merits, this liability shall be limited to damages which TIGER Coatings foresaw as a possible consequence of a breach of contract at the time the contract was concluded or which they should have foreseen if they had exercised due diligence. TIGER Coatings’ liability for loss of profit, indirect or consequential damage is excluded to the extent permitted by law.
(4) In the event of liability on the part of TIGER Coatings, TIGER Coatings’ obligation to pay compensation shall furthermore be limited per claim to the amount corresponding to the purchase price of the defective product concerned or the product causing the claim and/or damage, but in any event to EUR 50,000 (in words: fifty thousand euros).
(5) Section 8.2(7) as well as section 10.4 of the GTC shall apply accordingly to the exclusion of claims for damages by the CUSTOMER. Furthermore, to the extent permitted by law, TIGER Coatings shall not be liable for any damage or detriment of any kind resulting from the use of the products (i) outside (an) area(s) of application specified by TIGER Coatings, or (ii) in connection with applications or safety-relevant parts as defined in section 3., provided that the CUSTOMER has not fulfilled their notice obligation in accordance with section 3. in due time; or (iii) the product has not been used before its expiry date.
Furthermore, TIGER Coatings shall not be liable, where permitted by law, for any violation of pre-contractual obligations, for positive breach of obligations, any violations of obligations secondary to a contract, or for indirect or consequential damage.
(6) The above disclaimers and restrictions of liability shall apply to the same extent to the executive bodies, legal representatives, employees and other agents of TIGER Coatings.
(7) The limitations of this section 8 shall not apply to legally mandatory liability borne by TIGER Coatings due to intentional conduct, gross negligence, injury to life/body/health or liabilities under the Austrian Product Liability Act.
8.3. The burden of proof for any claims for damages, including fault, shall be borne by the CUSTOMER.
8.4. Products may only be returned to TIGER Coatings upon TIGER Coatings’ approval. In case of a notice of defect or any other claim regarding genuinely or allegedly defective products, TIGER Coatings shall be entitled to suspend further deliveries until the legitimacy of the raised claims is conclusively determined, and in such a case the delivery dates shall be postponed accordingly. Furthermore, TIGER Coatings has the right to take and inspect both samples and the relevant product from the equipment used.
9. Withholding Payments, Set-off:
9.1 TIGER Coatings warrants only in accordance with this section 9 that the delivery item, when used in accordance with the contract, is free from registered industrial property rights and applications for industrial property rights of third parties of which TIGER Coatings was aware at the time of conclusion of the contract or of which TIGER Coatings could not have been unaware, provided that the right is based on a registered industrial property right or an application for industrial property rights under the law of the country in which the delivery item is used by the CUSTOMER, if the parties took into consideration at the time of conclusion of the contract that the delivered item would be used there, or in any other case under the law of the country in which the CUSTOMER has their registered office. TIGER Coatings disclaims any other warranty in this respect.
9.2 Countries with patent registers to which TIGER Coatings cannot reasonably be expected to have access via public databases in German or English shall be deemed not to have been taken into consideration until proven otherwise; if, in accordance with the provisions of the preceding paragraph, the country in which CUSTOMER’s registered office is located in such a country, the law of the country in which TIGER Coatings’ registered office is located shall be exclusively relevant.
9.3 Section 10.4 shall remain unaffected. TIGER’s obligation under section 9.1 also does not extend to cases in which the CUSTOMER knew or could not have been unaware of the right at the time the contract was concluded.
9.4 The CUSTOMER shall notify TIGER Coatings in writing without undue delay if claims are asserted against them on account of the infringement of such rights.
9.5 In the event that the delivery item infringes a third party’s right pursuant to section 9.1 TIGER Coatings shall, at their discretion and at their expense, modify or replace the delivery item in such a way that third party rights are no longer infringed, but the delivery item continues to fulfill the contractually agreed functions, or procure the right of use for the CUSTOMER by concluding a licence agreement with the third party. If TIGER Coatings does not succeed in doing so within a reasonable period of time, the CUSTOMER shall be entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages held by the CUSTOMER are subject to the limitations of section 8 of these GTC.
9.6 In the event of legal infringements by products from other manufacturers supplied by TIGER Coatings from other manufacturers, TIGER Coatings shall, at their option, assert their claims against the manufacturers and upstream suppliers for the account of the CUSTOMER or assign them to the CUSTOMER. Claims against TIGER Coatings shall not exist in these cases, to the extent permitted by law.
10. Intellectual property rights of TIGER Coatings and/or Materials provided by the CUSTOMER:
10.1 TIGER Coatings reserves all rights, in particular all intellectual property rights, rights to confidential information and trade secrets, in all offers and cost estimates submitted by TIGER Coatings, and to all drawings, illustrations, samples, digital samples and files, photographs, calculations, brochures, catalogues, models, tools, data sheets, specifications, product information and other documents and aids made available to the CUSTOMER. The CUSTOMER may not make these items available to third parties, either the items themselves or in terms of content, nor may they disclose them, use the item themselves or via third parties, or reproduce them without the express written consent of TIGER Coatings. At the request of TIGER Coatings, the CUSTOMER shall return these items in full to TIGER Coatings and destroy any copies made where no longer required by the CUSTOMER in the ordinary course of business or where negotiations do not lead to the conclusion of a contract. This excludes the storage of electronically provided data for the purpose of normal data backup.
10.2 The rights to all registered and/or unregistered trademark and related rights held by TIGER Coatings, in particular trade marks and the company name, shall remain exclusively with TIGER Coatings unless otherwise agreed in writing.
10.3 TIGER Coatings further reserves all rights to developments, inventions or discoveries made by TIGER Coatings in the context of contractual performance or execution. The same shall apply accordingly to data and know how.
10.4 If the CUSTOMER provides TIGER Coatings with substances, materials, documents, templates, plans, samples, graphics, formulations, logos or photos (Materials) for the purpose of fulfilling the contract, the CUSTOMER shall be obliged to review these in advance for any third-party rights, in particular intellectual property rights, and shall guarantee that the Materials are free of third-party rights and can be used by TIGER Coatings for the intended purpose. TIGER Coatings shall not be obliged to review the Materials provided for potential infringements of third-party rights.
10.5 TIGER Coatings shall not be liable in relation to the CUSTOMER for any infringement of such third-party rights by Materials specified, provided or approved by the CUSTOMER.
10.6 If a claim is asserted against TIGER Coatings by a third party on account of an infringement of rights, the CUSTOMER shall fully indemnify and hold TIGER Coatings harmless and shall compensate TIGER Coatings for all disadvantages incurred. This shall also apply to the costs of legal representation. The CUSTOMER shall provide TIGER Coatings with the necessary documents upon request.
11. Disclaimer - digital sampling:
TIGER Coatings reserves the right to offer the CUSTOMER a digital sampling tool on request, in particular with regard to colour, effect, design, and/or structure selection, as well as to the geometries of the individual products. It is expressly stated that any such representations do not represent binding samples or specimens, and are rather non-binding digital illustrations. In particular, due to variations in screen settings and other factors (such as the incidence of light), it is not possible for the digital sample to exactly match the actual product, meaning that, for example, the representation of the colour displayed on the output device may differ from the colour of the actual product. Unless otherwise agreed in writing, no liability is accepted for deviations between a digital sample and the actual product characteristics. TIGER Coatings offers non-binding product samples, which are available on request from customer service.
12. Withholding payments and set-off:
The CUSTOMER shall not be entitled, for any reason whatsoever, to withhold payments for products delivered and shall not be entitled to set off their own payment obligations against any claims they may have against TIGER Coatings.
13. Assignment of rights and obligations:
Without prejudice to any deviating agreement with the CUSTOMER, TIGER Coatings is entitled to assign and transfer any rights and obligations arising out of the contractual agreement with the CUSTOMER to third parties with prior notification of the CUSTOMER. Rights and obligations arising out of the agreement with the CUSTOMER may be assigned to affiliated entities of TIGER Coatings without separate notification being required. The CUSTOMER is not entitled to transfer any rights or obligations arising out of the agreement with TIGER Coatings to third parties without the prior written consent of TIGER Coatings; this shall not apply to monetary claims within the meaning of section 1396a ABGB.
14. Representations and technical instructions
Any kind of oral representations shall only become valid upon written confirmation from TIGER Coatings.
To the extent that TIGER Coatings provides technical information or technical instructions and such information or instructions are not part of the contractually agreed scope of services owed by TIGER Coatings, this is done free of charge and to the exclusion of any liability. Any such instructions cannot act as a substitute for the examination of the product by the CUSTOMER, especially for its fitness for a specific purpose or use.
15. Force majeure:
“Force majeure” means the occurrence of an event or circumstance that prevents TIGER Coatings from performing one or more of its contractual obligations to the CUSTOMER if and to the extent that: (i) the hindrance is beyond the reasonable control of TIGER Coatings; (ii) it could not reasonably have been foreseen by TIGER Coatings at the time of entering into the contract; and (iii) the effects of the hindrance cannot reasonably be averted by TIGER Coatings.
Until proven otherwise, the following shall certainly be deemed to constitute force majeure: Governmental restrictions (e.g. currency and trade restrictions, embargoes, and sanctions), war and warlike acts, riots, labour disputes, fire, acts of nature, labour shortages, energy or raw materials shortages, prolonged transportation disruptions, telecommunications, information systems, and any epidemic or pandemic (including any legal or regulatory measures to contain them).
In the event of force majeure, TIGER Coatings shall be released from the performance of its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract. TIGER Coatings shall notify the CUSTOMER of the relevant event without undue delay within the bounds of what is reasonable. From that moment on, the CUSTOMER shall be obliged to take all reasonable measures to mitigate and limit the effects of the event impacting TIGER Coatings’ performance of the agreement. If the effect of the obstacle or event being asserted is not merely temporary, TIGER Coatings shall be entitled to withdraw from the agreement, in whole or in part, without setting any specific deadline, even if the event has occurred at a time when TIGER Coatings is in default of performance. If the effect of the asserted obstacle or event is merely temporary, TIGER Coatings may pause or suspend its obligation to perform for as long as the asserted obstacle prevents TIGER Coatings from performing its contractual obligations or adjust its contractual obligations to the changed circumstances in good faith. TIGER Coatings shall notify the CUSTOMER as soon as the hindrance no longer hinders the performance of its contractual obligations. An obstacle is not merely temporary if it has exceeded the duration of 60 days.
16. Applicable law and jurisdiction
Any contract concluded with TIGER Coatings shall be governed by the laws of Austria. The applicability of the United Nations Conventions on Contracts for the International Sale of Goods is expressly excluded. Any dispute arising under such contracts shall be brought exclusively before the competent courts for Wels, Austria. Notwithstanding the preceding sentence, TIGER Coatings may, in its absolute discretion, also take proceedings in the courts at the registered office of the CUSTOMER
17. Severability clause
Should any provision of the present GTC be or become either wholly or partially invalid, ineffective or unenforceable, the effectiveness and enforceability of all other provisions shall not be affected thereby. The invalid, ineffective or unenforceable provision shall be deemed replaced, to the extent permitted by law, by such valid, effective and enforceable provision as comes closest to the economic purpose pursued by the invalid, ineffective or unenforceable provision in terms of its object, extent, time, location or scope of application.
18. Data protection information
When processing personal data, TIGER Coatings observes the applicable provisions of data protection law. Further information on data protection at TIGER Coatings is available at https://www.tiger-coatings.com/data-protection
19.1 Our GTC also apply to transactions concluded via the TIGER-Webshop. In addition, the provisions of clause 19. shall apply to these transactions; if the provisions of clauses 1. to 18. contradict the provisions of this clause 19. “TIGER-Webshop”, the latter provisions shall take precedence.
19.2 Either registration is required in order to use the TIGER-Webshop or alternatively, ordering as guest is possible. Further information is available in the TIGER-Webshop or from customer service. Once the registration process is completed or as a guest after providing all required data, the CUSTOMER is able to place orders that are binding for the CUSTOMER in the TIGER-Webshop. The CUSTOMER shall ensure that the data entered in the TIGER-Webshop is correct and that the login data is only used by individuals who are authorised to place binding orders on behalf of the CUSTOMER. When ordering as a guest, TIGER Coatings assumes that the person is authorized to place binding orders for the CUSTOMER.
19.3 Concluding contracts:
The products and information provided by TIGER Coatings in the TIGER-Webshop do not constitute an offer in the legal sense but are only a non-binding invitation to the CUSTOMER to submit an offer.
The CUSTOMER can select products from the TIGER Coatings product range in the TIGER Webshop and place them in a virtual shopping cart by clicking on the “add to cart” button. The CUSTOMER also has the opportunity to remove the selected products from the virtual shopping cart. It is only upon the submission of the order using the button “order with obligation to pay” that the CUSTOMER places a binding offer to purchase the goods located in the virtual shopping cart. Before submitting the order, the CUSTOMER shall ensure the correctness of their order. The CUSTOMER can view the data before submitting their order, change it, and also cancel the order.
After completion of the ordering process by the CUSTOMER, the receipt of the order will be confirmed by an automatically generated email. This confirmation of receipt documents that TIGER Coatings has received the CUSTOMER’s order but does not constitute an acceptance of the CUSTOMER’s offer by TIGER Coatings.
TIGER Coatings may accept the offer submitted by the CUSTOMER via the TIGER-Webshop within a reasonable period of at least 3 working days. TIGER Coatings reserves the right to reject offers made by the CUSTOMER without having to state any reasons.
The acceptance of the CUSTOMER’s purchase offer, and thus the conclusion of the contract, only takes place through the declaration of acceptance by TIGER Coatings, which is made separately, at the latest together with the provision of information about the shipment of the goods.
19.4 Availability of goods, product descriptions and product presentation:
The availability of the products indicated in the TIGER-Webshop is based on experience and is not binding. The information on the products in the TIGER-Webshop is subject to change. TIGER-Coatings reserves the right to make amendments, corrections and changes.
If it turns out that the product ordered by the CUSTOMER is no longer available in sufficient quantity, when processing the CUSTOMER’s order, TIGER Coatings will inform the CUSTOMER separately.
The presentation of the products in the TIGER-Webshop and in relevant printouts, in particular with regard to colour, brightness, contrast, structure, and product effects are not binding, as they may vary depending on the output device used (monitor, printer, etc.). TIGER Coatings assumes no liability for such deviations from the actual product properties. TIGER Coatings offers non-binding product samples, which are available on request from customer service.
19.5 Prices, freight and other costs:
The prices quoted in the TIGER-Webshop are TIGER Coatings list prices. All prices quoted are net, which means they do not include VAT, other statutory taxes, fees, including customs duties, customs charges and other charges.
In addition to the list prices, the CUSTOMER shall bear the following costs:
- Freight costs: These will be charged, plus a freight surcharge. TIGER Coatings may change or adjust the amount of the freight costs in favour of the CUSTOMER.
- Toll: This surcharge varies depending on the country or postcode in the delivery address provided by the CUSTOMER.
The above-mentioned cost types are - if they are charged in full or in part - shown separately in the TIGER-Webshop under “Charges” next to the list price.
Partial deliveries that are reasonably acceptable for the CUSTOMER are permitted.
19.6 Quantity/price options:
The combination options (“Quantity/price options”) provided by TIGER Coatings in the TIGER-Webshop do not constitute offers in the legal sense, but rather order proposals that are automatically generated on the basis of the order quantity. The CUSTOMER has the option to accept these proposals but is not obliged to do so. The CUSTOMER may cancel the order at any time if they do not wish to accept any of the order proposals shown.
19.7 Special price conditions:
Special conditions that are validly agreed between TIGER Coatings and the CUSTOMER are not visible in the TIGER-Webshop. TIGER Coatings will fulfil any contract according to the validly agreed special conditions, unless TIGER Coatings informs the CUSTOMER otherwise.
19.8 Delivery of TIGER-Webshop orders:
Deliveries are offered exclusively within Austria.
The ordered products are delivered to the address provided by the CUSTOMER. If the CUSTOMER has entered an incorrect, incomplete or unclear delivery address, the CUSTOMER shall bear all resulting costs and shall indemnify TIGER Coatings from any disadvantages resulting from such incorrect, incomplete or unclear information.
If the German language version of the GTC and the English language version of the GTC are inconsistent, the German language version shall prevail.