Terms of Delivery and Payment

TIGER Coatings Austria Terms of Delivery and Payment

1. General:

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 point 1.3) 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 download area at www.tiger-coatings.com.

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. For orders placed by the CUSTOMER in the TIGER Coatings webshop (www.tiger-coatings.com/shop​​​​​​​ hereinafter: TIGER-Webshop) the provisions of clause 16 shall apply in addition to the GTC.

1.3. The range of services and goods offered by TIGER Coatings, including the offers in the TIGER-Webshop, is exclusively addressed to entrepreneurs within the meaning of section 1 KSchG (Austrian Consumer Protection Act) (hereinafter CUSTOMERS). TIGER Coatings does not offer services and/or sell goods to consumers within the meaning of section 1 KSchG.

2. Offers, Orders:

Offers made by TIGER Coatings are not binding, especially with regard to the quoted prices, amounts, delivery times and the general availability of the products. TIGER Coatings will confirm the receipt of the CUSTOMER's order in written form. 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

  1. Automotive
  2. Aviation
  3. Railroad
  4. Wind energy
  5. Railed vehicles
  6. Cable cars
  7. Power plants
  8. Hydropower plants

the CUSTOMER shall notify TIGER Coatings of such intended use in written form

  • before TIGER Coatings submits the first design draft to the CUSTOMER in case of products developed specifically for the CUSTOMER;
  • before or – at the latest - at the time the CUSTOMER orders the products in case of standard products.

The CUSTOMER shall also notify TIGER Coatings in written form at the afore mentioned time (before TIGER Coatings submits the first design draft in case of products specifically developed for the CUSTOMER or, respectively, before or at the latest at the time the CUSTOMER orders the standard products), should the ordered products be intended for application on parts that are typically subject to product safety risks in the sense of the applicable product safety regulations.

4. Delivery, Ship Date:

The Incoterms (latest valid version) shall apply for deliveries. EXW Wels (TIGER Coatings) is applies as 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 provision which is 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. Notice of discrepancy concerning the amount and weight of the products shall be made by the CUSTOMER immediately upon receipt of the products, otherwise they will not be accepted. Ship date information we indicate is based on extensive experience, but not binding. No liability will 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 at no cost in perfect condition and without any need to repair to TIGER Coatings by the CUSTOMER within three months. In case of return after the expiration of such term, no credit will be given.

6. Retention of Title, Assignment:

6.1. To the extent permitted by applicable law the following applies:

TIGER Coatings retains title to all products delivered until full settlement of the sales price and any and all connected claims. Further, TIGER Coatings retains title to TIGER Coatings retains title to all products delivered until full settlement of all present and future obligations, including those from possible refinance or acceptor's bills (overall retention of title and current account retention). TIGER Coatings is obliged to release products delivered under retention of title to the CUSTOMER upon his request in the case of an excess of security collateral of more than than 10%.

If the CUSTOMER's assistance is required to render the retention of title effective, e.g. for registrations required by law in the country of the CUSTOMER, the CUSTOMER is obliged to cooperate accordingly.

By processing the delivered products the CUSTOMER will not acquire property rights in the goods produced partly or entirely by such processing.

In case of the continued use of - processed or unprocessed - products that are subject to such retention of title, the CUSTOMER shall assign any and all claims it may have against the transferee (e.g. against the buyer or any other customer) to TIGER Coatings in advance. The CUSTOMER has to notify his contractual partner about the assignment without delay. In case the right to retain title lapses for whatever reason, TIGER Coatings and CUSTOMER hereby agree that, by means of the processing, title to the products shall pass over to TIGER Coatings, which accepts the transfer. The CUSTOMER remains bailee of the products for no consideration.

6.2. For CUSTOMERS with registered seat in Austria the following applies:

TIGER Coatings retains title to all products delivered until full settlement of the sales price and any and all connected claims. By processing the delivered products, the CUSTOMER will not acquire property rights in the goods produced partly or entirely by such processing.

In case of the continued use of - processed or unprocessed - products that are subject to such retention of title, the CUSTOMER shall assign any and all claims it may have against the transferee (e.g. against the buyer or any other customer) to TIGER Coatings in advance. The CUSTOMER has to notify his contractual partner about the assignment without delay. In case the right to retain title lapses for whatever reason, TIGER Coatings and CUSTOMER hereby agree that, by means of the processing, title to the products shall pass over to TIGER Coatings, which accepts the transfer. The CUSTOMER remains bailee of the products for no consideration.

7. Conditions of Payment, Default:

Payment shall be made:

  1. either within 8 days as of invoice, less a 2 percent discount; or
  2. within 30 days as of the invoice date, net cash;

In the event TIGER Coatings bottles products at the request of third parties, payment shall be made net cash upon receipt of the invoice. In case of payment by way of bills of exchange, bank discount charges and collection fees shall be borne by the CUSTOMERS 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 a 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 its obligation to comply with the terms of payment as set forth above.

8. Warranty, 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, which will be provided to CUSTOMER on its request, the warranty conditions shall prevail.

8.1. Warranty

TIGER Coatings warrants for a period of 6 months after delivery that products delivered by it are free of flaws or defects regarding material or workmanship. Before use, the CUSTOMER shall examine the delivered products for their fitness for the intended use. TIGER Coatings does not warrant that the products are fit for their intended use, nor does TIGER Coatings give a warranty for the quality of the painting, coating, etc. made of products. In general the warranty of TIGER Coatings is limited to an adequate price reduction or the exchange or taking back of the deficient product, at the option of TIGER Coatings. In case of sales according to samples, minor - in case of sales according to colour and effect cards also greater – variations in quality, colour and effect are permissible. Notices of defect referring to the condition of the product shall be made in writing to TIGER Coatings before processing or mixing of the product and shall be submitted to TIGER Coatings within 7 days following receipt of the product, otherwise all claims shall be forfeited.

Unless otherwise agreed in writing, any additional guarantee/warranty for the goods delivered by TIGER Coatings will only apply if it is expressly granted for the respective product in writing.

8.2. Damages

  1. The liability of TIGER Coatings, its legal representatives or agents in case of slight negligence shall be excluded.
  2. The liability of TIGER Coatings, its legal representatives or agents in case of gross negligence shall be limited to a maximum amount of € 5.000 per case.
  3. The liability of TIGER Coatings, its legal representatives or agents in case of intent or damages to persons shall be determined according to applicable statutory law.
  4. TIGER Coatings does further not assume liability for
  • damage or disadvantages of any kind which are due to the product’s subjection to any process or treatment other than such recommended in writing by TIGER Coatings;
  • products which were subjected to any form of further treatment by the CUSTOMER or products damaged after the risk has passed to the CUSTOMER;
  • damage resulting from the use of the products in fields of application or in connection with parts subject to product safety risks in the sense of section 3. above, provided that the CUSTOMER has failed to timely notify TIGER Coatings pursuant to section 3. above.
  • for any violation of pre-contractual obligations, any violation of actual claims, any violations of obligations secondary to a contract, or for indirect or consequential damages.

8.3. The liability of TIGER Coatings, its legal representatives or agents for defects and/or damages of any kind shall be, to the extent permitted by law, limited to the purchase price paid by the CUSTOMER for the affected, defective or for the claim and/or damage causal product.

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 is 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.

9. Withholding Payments, Set-off:

The CUSTOMER shall not be entitled for any reason whatsoever to withhold payments for products delivered, not to set off his own payment obligations against any claims he may have visà-vis TIGER Coatings.

10. Assignment of Rights and Obligations:

Without prejudice to any deviating written agreement with the CUSTOMER TIGER Coatings is entitled to assign and transfer any rights and obligations arising out of the agreement with the CUSTOMER to third parties with prior notification of the CUSTOMER. The CUSTOMER is not entitled to transfer any rights and obligations arising out of the agreement with TIGER Coatings to third parties without having obtained TIGER Coatings' prior written consent thereto.

11. Representations, Technical Instructions:

Any kind of oral representations shall become valid only upon TIGER Coatings‘ written confirmation. Written and oral instructions of TIGER Coatings concerning techniques of application are given according to the best knowledge of TIGER Coatings. However, such instructions cannot substitute for the examination of the product by the CUSTOMER, especially for its fitness for a specific use, and are therefore given without obligation and to the exclusion of any liability on our part.

12. Force Majeure:

lf TIGER Coatings‘ compliance with its contractual obligations is made wholly or partially impossible or delayed due to governmental restrictions, war, insurrection, labour disputes, fire, natural disasters, shortage of energy or raw materials, epidemics or pandemics, etc., TIGER Coatings cannot be held liable. In such a case TIGER Coatings shall be entitled to withdraw from the contract in full or in part with immediate effect.

13. Applicable Law, Jurisdiction:

Any contract concluded with TIGER Coatings shall be subject to Austrian law. The applicability of the United Nations Conventions on Contracts for the international sale of goods is expressly excluded. Any disputes arising hereunder shall be brought exclusively before the competent court in Wels, Austria. Nevertheless, TIGER Coatings is also entitled to turn to the courts of the CUSTOMER‘s registered principal offices.

14. Partial Validity:

Should one or more provisions of the GTC be or become invalid or unenforceable, the parties shall replace it by such a provision as comes closest to the economic purpose of the invalid term of condition.

15. Data Protection Information:

The following data protection information provides an overview on the processing of the CUSTOMER's personal data. Further information (in particular on the extended rights) can be found in TIGER Coating's data privacy notice, available at www.tiger-coatings.com/dataprotection. Upon your wish, TIGER Coatings is more than happy to provide it to you in paper form. TIGER Coatings is responsible for the following processing activities: TIGER Coatings processes inter alia name, address, postal address, email address, phone number and the contact details of the respective contact person as well as information on the date and time of the access to our homepage, IP-address of the requesting computer, browser used and computer’s operating system, the sites accessed and the website from which the sites are accessed, name and URL of the files and data accessed. Further, TIGER Coatings uses image processing for property protection and plant security purposes.

For collecting such personal data, TIGER Coatings uses inter alia cookies, analytic services, contracts and data you have been providing by yourself. Your data is processed among other things for executing contractual relationships, ensuring comfortable use and connection to the website, sending newsletters, contacting you, continuingly optimizing our website, advertising purposes, transmission to third parties, and in course of technical imageprocessing facilities for property protection and plant security purposes. For the purposes of data processing on behalf of TIGER Coatings as well as conducting credit assessments personal data is only transmitted to companies instructed by TIGER Coatings and obliged to comply with all statutory data protection requirements. Further, for the purposes of tax and auditing as well as the establishment, exercise or defence of legal claims personal data may be transmitted to law enforcement authorities and/or courts. Personal data is stored by TIGER Coatings until the business relationship comes to an end or until applicable guarantee, warranty or limitation periods are expired; beyond such timeframe only until the conclusion of any legal disputes that require evidence in the form of respective personal data. Personal data is stored as long as statutory retention periods apply. In relation to your personal data, you have the rights to access, erasure, rectification, objection and withdrawing given consent at any time. Please address your questions on this to the contact person for data protection at TIGER Coatings under the email address datenschutz(at)tiger-coatings.com​​​​​​​.

16. TIGER-Webshop:

16.1. Our GTC also apply to transactions concluded via the TIGER-Webshop. In addition, the provisions of clause 16. shall apply to these transactions; if the provisions of clauses 1. to 15. contradict the provisions of clause 16. "TIGER-Webshop", the latter provisions shall take precedence.

16.2. To use the TIGER-Webshop a registration is required. Further information regarding the registration process is available in the TIGER-Webshop or from the customer service. Once the registration process is completed, the CUSTOMER is able to place orders 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 authorized to place binding orders on behalf of the CUSTOMER.

16.3. Conclusions of 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 has also the opportunity to remove the selected products from the virtual shopping cart. Only upon the submission of the order via the button "order with obligation to pay" the CUSTOMER places a binding offer to purchase the goods in the shopping cart. Before submitting the order, the CUSTOMER shall ensure the correctness of his order. The CUSTOMER can view the data before submitting the order, change them 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 e-mail. 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 business days. TIGER Coatings reserves the right to reject the offers of the CUSTOMER without giving 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 information about the shipment of the goods.

16.4. Availability of goods, product descriptions and product presentation:

The availability of the products indicated in the TIGER-Webshop is based on long-term 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, during the processing of the CUSTOMER's order, TIGER Coatings will inform the CUSTOMER separately.

The presentation of the products in the TIGERWebshop and printouts thereof, in particular with regard to color, brightness, contrast 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 coloraccurate proof product samples which are available on request from customer service.

16.5. Prices, freight and other costs:

The prices quoted in the TIGER-Webshop are list prices of TIGER Coatings. All prices quoted are net, which means they do not include VAT or other statutory taxes, fees and charges.

In addition to the list prices, the CUSTOMER shall bear the following costs:

  • Freight costs: In general, the freight surcharge is EUR 0.04/kg (net). TIGER Coatings may change or adjust the amount of the freight costs in favor of the CUSTOMER.
  • Toll: This surcharge varies depending on the country or postcode of 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 which are reasonably acceptable for the CUSTOMER are permitted.

16.6. 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 suggestions but is not obliged to do so. The CUSTOMER may cancel the order at any time if he does not wish to accept any of the order proposals shown.

16.7. Special price conditions:

Special conditions that are validly agreed between TIGER Coatings and the CUSTOMER are not visible in the TIGER-Webshop. TIGER Coatings fulfils any contract according to the validly agreed special conditions, unless TIGER Coatings informs the CUSTOMER otherwise.

16.8. 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.

17. Miscellaneous:

If the German language version of the GTC and the English language version of the GTC are inconsistent, the German language version shall prevail.

Date 08/2020

TIGER Coatings GmbH & Co. KG
Negrellistrasse 36
4600 Wels | Austria
T +43 / (0) 7242 / 400-0
F +43 / (0) 7242 / 650 08
office(at)tiger-coatings.com​​​​​​​
www.tiger-coatings.com

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