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Site Notice | AMADA Austria GmbH
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Disclosure pursuant to § 24 and § 25 (section 24 and 25) of the Austrian Media Act (Mediengesetz | MedienG)
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Information according to § 5 (section 5) of the E-Commerce Act (E-Commerce Gesetz | ECG)
This website is operated by AMADA Austria GmbH as the responsible provider:
Contact information
AMADA Austria GmbH
Wassergasse 1
A-2630 Ternitz | Austria
Phone: +43 2630 35170
Fax: +43 2630 35165
Website: www.amada.at
Managing Directors
Katsuhiko Kawabata, Masahiko Tadokoro
Legal form: Limited Liabilty Company
Court of registry: Provincial Court Wiener Neustadt
Company register number: FN 115328 a
DVR number (Data Processing Register number): 0640972
VAT ID number (Value Added Tax Identification number): ATU 19662005
Chamber membership: Austrian Federal Econimic Chamber
Professional association membership: Association of Metaltechnology Industries
Object of the company
The object of the company is the manufacture and distribution of band saw blades and press brake tools.
Editorial policy
This website contains industry-, company- and product related information for the general public and customers of AMADA Austria GmbH. In addition to this current news from the company are published on this site.
Legal Notes
Legal Notes | AMADA Austria GmbH
We thank you for visiting our website and for your interest in our products and services. All personal data compiled on this website are stored, processed and possibly passed on to AMADA concern enterprises exclusively for your individual servicing, for sending product information or for the submission of service proposals. AMADA (hereinafter referred to as “AMADA”) assures that your information will be treated confidentially in accordance with the valid legal data protection stipulations.
This website was compiled with utmost care. Nonetheless, the accuracy or correctness of the information contained cannot be guaranteed. Any liability for damage resulting directly or indirectly from use of this website is precluded, unless caused intentionally or in gross negligence by AMADA.
Unless specified otherwise, all trademarks on AMADA websites are protected by trademark law. This applies in particular to AMADA brands, nameplates, company logos and emblems. The brands and design elements used on our pages are the intellectual property of AMADA.
The intellectual property contained in AMADA websites such as patents, marks and copyrights, is protected. This website does not grant a licence for utilising the intellectual property of companies of AMADA or third parties.
All rights (© Copyright | Urheberrecht) reserved. Text, images, graphics, sound, animations and videos as well as the arrangement of the same on AMADA websites are protected by copyright and other commercial protective rights. The content of these websites may not be copied, disseminated, altered or made accessible to third parties for commercial purposes. In addition, some AMADA websites contain images that are subject to third-party copyrights.
General Terms and Conditions of Business (GTC)
Last modified / As of: January 2007
General Terms and Conditions of Business (GTC) | AMADA Austria GmbH
Exclusively the following Allgemeinen Geschäftsbedingungen (AGB) in the most recent version shall apply for the business terms and conditions with our Customer/Orderer. Our AGBs shall apply only for entrepreneurs. Entrepreneurs are considered to be all persons who are not “consumers”, whereby a consumer is understood to be any natural person who acts in business dealings for purposes which cannot be attributed to their commercial, trading or professional activities. We shall not recognize any opposing or deviating terms and conditions of the Customer/Orderer, or their AGBs, unless we approve their validity in writing. Our AGBs shall also apply for all future business dealings with the Customer/Orderer. These terms and conditions shall apply subject to any special agreements specified on the order confirmation, delivery note and invoice. All amendments of the provisions of the AGB must be in writing. Our offers are non-binding. The guarantee of quality features, technical specifications and descriptions of the delivery object shall only then be binding for us if we have expressly committed to or confirmed them in writing.
| 1. | Scope of Validity |
| 1.1. | These General Business Terms and Conditions are an essential and indivisible contractual component of all business dealings with regards to our goods and other performances and shall apply provided that the contractual parties have not agreed in writing to something to the contrary. |
| 1.2. | Any opposing general terms and conditions of the Customer/Orderer are only effective if we have expressly approved them in writing. |
| 2. | Contractual Conclusion |
| 2.1. | Our offers are non-binding; in the event that we make a written commitment, this shall in cases of doubt amount to two (2) months from the time the signed offer is returned. |
| 2.2. | The contractual conclusion shall be made either by means of the submission of the written order confirmation or the shipment of the goods to the Customer/Orderer. Ancillary agreements shall apply only in the event that express written confirmation is made. |
| 3. | Plans and Documents |
| 3.1. | The information provided in brochures, announcements, technical descriptions and the like shall be prevailing and binding only if they are committed to on the order confirmation. |
| 3.2. | All technical documents and written documents, computer programmes, drafts, plans, photographs and other technical illustrations, regardless of the type, shall be considered to be our intellectual property and be excluded from further use by the Customer/Orderer, regardless of the form, without our express approval. This shall also apply for all intellectual property rights such as patents, trademarks, rights to samples and in accordance with unfair competitive practices law. |
| 4. | Prices |
| 4.1. | Provided that nothing to the contrary has been agreed between us and the Customer/Orderer, the prices shall not include either the main transport between us and the Customer, the conclusion of transport insurance for any such delivery obligation or, when transported to or through other countries, customs duties, taxes or levies or costs for the preparation of additional documents. Our prices do not include the respectively valid turnover tax or VAT which must be separately shown on the invoice. |
| 4.2. | In cases of doubt, the prices which we have respectively committed to for the order shall apply for the agreed delivery timeframe; if the delivery timeframe is extended for reasons for which we are not exclusively responsible, then we shall be consequently entitled to pass on price increases to the Customer/Orderer. We shall pass on to the Customer/Orderer any increases in customs duty rates, pre-taxes and consumption taxes, particularly EU levies and anti-dumping or compensatory duties or any newly introduced consumption taxes. |
| 5. | Payment Terms and Conditions |
| 5.1. | Payments may be made with a debt-discharging effect only to our designated payment centre, in the agreed currency and in the agreed manner and form. |
| 5.2. | In the absence of a written agreement to the contrary, the purchasing amount shall become due and payable upon the receipt of the invoice. The Customer/Orderer shall enter into default without any special warning letter being required if they have not paid the purchase price within fourteen (14) days from the invoicing date. |
| 5.3. | The Customer/Orderer shall not be entitled to withhold or offset against payments owing to warranty claims or other counter-claims, even those from other business transactions (exclusion from right of retention and offsetting ban). |
| 5.4. | In the event of delayed payment upon the part of the Customer/Orderer, notwithstanding any more extensive compensation claims, default interest in the amount of eight percent (8 %) above the base lending rate of the European Central Bank shall be charged per anno. |
| 6. | Supply Basis |
| 6.1. | In the event that a supply agreement is concluded, the supplying shall be carried out as specified on the order confirmation in accordance with INCOTERMS. In the absence of another agreement, EXW shall apply and the acceptance of the goods shall be made from our supply warehouse. Regardless of this, risk for the goods shall be transfered to our Customer/Orderer when the goods are surrendered to the carrier. |
| 6.2. | The packaging of the goods shall be made in a manner that is customary for the industry in order to prevent the adverse effects of weather upon the services and goods under normal transport conditions. Transport costs shall be assumed by the Customer/Orderer. Packaging carried out with any transport pallets and other forms of packaging shall be specifically charged to the Customer/Orderer and we shall not take any such packaging back. The costs for any special packaging requested by the Customer/Orderer shall be assumed by the Customer/Orderer. |
| 6.3. | Any door-to-door transport insurance shall be concluded by the Seller only if an express written agreement to do so has been concluded and only at the expense of the Customer/Orderer. |
| 7. | Delivery Timeframes |
| 7.1. | Agreed timeframes shall be extended: |
| 7.1.1. | If specifications which we need for the processing of the order are not provided in a timely manner, if subsequently amended by the Customer/Orderer or if incomplete; |
| 7.1.2. | If the Customer/Orderer are late with the work they are required to carry out or with the fulfillment of their contractual obligations, particularly if they do not make their payments (even from other business dealings); |
| 7.1.3. | If hindrances arise which lie outside our control, regardless of whether they involve us, the Customer/Orderer or a third party, such as for example, labour disputes, late or defective delivery of goods to us by our own suppliers, etc. |
| 7.2. | In the event that hindrances exist as specified in Sub-clauses 7.1.1, 7.1.2. as well as 7.1.3., the delivery timeframe shall be extended by that period of time in which the relevant hindrance exists. If the hindrance continues to exist in accordance with Sub-clause 7.1.3. for a timeframe of more than twelve (12) months, both contractual parties shall be entitled to withdraw from the agreement; however, in the event of a hindrance in accordance with Sub-clauses 7.1.1. and 7.1.2., we alone shall be entitled to withdraw from the agreement. |
| 7.3. | Notwithstanding the aforementioned provisions, the delivery timeframe shall begin in all cases no later than when: the agreement is concluded; all governmental formalities such as importing permits have been obtained and issued; the contractually-agreed payments have been made; any security, if required, has been provided by the Customer/Orderer; and the essential technical items have been clarified. |
| 8. | Acceptance of the Performance |
| 8.1. | The supplied goods must be promptly accepted by the Customer/Orderer in a suitable manner and all actions must be undertaken which are required for the unloading of the transport vehicles and transport into the factory of the Customer/Orderer. |
| 9. |
Default Damages |
| 9.1. | The Customer/Orderer shall be entitled to withdraw from the agreement in the event of a delayed delivery for which we alone are responsible while providing an appropriate notice period of at least six months. In this case, the payment made to us must be paid back without interest to the Customer/Orderer, in which case any other possible liabilities of the Customer/Orderer to us and the performances already rendered for it shall be deducted provided that the Customer/Orderer can continue to use them; the goods which have been supplied must be returned to us subject to any possible retentions, in which case the benefit created through the supplied goods shall also be subject to offsetting. |
| 9.2. | If a partial performance has already been rendered or a portion of the goods have already been used by the Customer/Orderer and this partial performance in and of itself is able to continue to be used by the Customer/Orderer, a rescission for this partial performance is excluded. |
| 9.3. | If the Customer/Orderer is late with an agreed payment or other performances, then we may insist upon the fulfillment of the agreement and, at our discretion. |
| 9.3.1. | The suspension of our own contractual obligations until we receive the payments in arrears or the rendering of other performances and/or |
| 9.3.2. | An appropriate extension of the delivery timeframe and/or |
| 9.3.3. | Outstanding payment shall become due for immediate payment and/or |
| 9.3.4. | Charge default interest in the amount of eight percent (8 %) above the respective base lending rate of the Europäischen Zentralbank from the payment due date, provided that the Customer/Orderer has no mitigating circumstances owing to force majeure, and/or |
| 9.3.5. | Declare our rescission from the agreement, subject to providing sufficient notice. In the event of a rescission upon our part owing to the aforementioned reasons, the Customer/Orderer must return to us the products which they have received while providing reimbursement for any value reduction which has occurred in the meantime as well as for any benefit obtained from the use of the goods and the services which we have provided (installation work, etc.) and must reimburse us for all other outlays such as customs duties, taxes, fees, etc. The value reduction shall be charged to the Customer/Orderer upon a monthly basis of at least six percent (6 %) of the purchase price, which shall be proportionally applied to the goods and services already provided. |
| 9.4. | If the Customer/Orderer are late with their call-off order, acceptance or picking-up of the goods or they are responsible for a delay in the shipment or supplying of such goods, then we shall be entitled, notwithstanding any more substantial legal claims. |
| 9.4.1. | To store the goods at their expense and risk in our or third-party warehouses and to bill them for storage costs of at least 0.35 % of the applicable invoiced amount for the quantity of goods not yet accepted for each new week of storage begun or |
| 9.4.2. | After the expiration of an appropriate notice period which we have set, to sell the quantity of goods not accepted elsewhere if other Customers/Orderers have an interest in purchasing such quantities of goods; in this regard, the Customer/Orderer shall be liable for the difference between the agreed purchase price and proceeds from any sale to a third party. |
| 10. | Warranty and other Liability |
| 10.1. | In accordance with the law which is applicable for us, we shall provide a warranty for the services we render and goods we supply. The warranty shall be applicable only for defects owing to substandard materials, flawed design or defective processing – provided that processing does not concern the permanent standard factory settings and the performance prescribed by the manufacturer – and is only then valid if the Customer/Orderer makes immediate written notification of the defect subject to providing a more detailed description of the defect which has been discovered. The warranty timeframe shall begin to run at the time delivery is made, in the event of delayed acceptance when notification of readiness for shipment is made and shall in no way be extended by the elimination of the defect or an acknowledgment of a defect, even if new parts are used in the previous performance. |
| 10.2. | The Customer/Orderer must carefully and completely examine each performance immediately upon receipt. In the event that obvious defects or insufficient quantities are discovered during the examination, prompt written notification of defects must be made. Otherwise, the entire performance shall be considered as having been accepted. If a hidden defect is later discovered which was not found during the initial examination, then the Customer/Orderer must promptly notify us of it. In the event that notification of defects is made, then the Customer/Orderer must describe the defect in detail in writing which is being claimed and particularly disclose in what manner and under what circumstances the defect occurred or is supposed to have occurred. |
| 10.3. | We reserve the exclusive right to decide as to the place, time and manner of the elimination of the defect. |
| 10.4. | In the event that the defect is eliminated on our business premises, then the Customer/Orderer shall assume the transport risk for the transport to and from our business premises. The Customer/Orderer shall then assume the costs for any possible transport to another location if the defect was caused by defective/incorrect and/or inappropriate use of the software. |
| 10.5. | We shall only then be liable for costs incurred by the Customer’s/Orderer's own elimination of the defect if we have expressly agreed to this in writing. |
| 10.6. | Not included under the warranty are damages owing to natural wear-and-tear, defective maintenance, non-adherence to operational directives, excessive workloads, unsuitable operating resources, chemical or electrolytic effects, defective building and mounting work not carried out by us as well as owing to other reasons for which we are not at fault. |
| 10.7. | The warranty shall cease to apply if the Customer/Orderer or a third party undertake modifications or repairs to the product/goods without our written approval; furthermore, if the Customer/Orderer does not promptly undertake suitable measures for ensuring that the damages do not become more extensive (obligation to minimize damages). |
| 10.8. | In the event that we accept orders to provide repair services, we shall assume no such warranty or liability for modifications or reworking of any kind for products produced by third parties if these products produced by third parties have been provided or requested by the Customer/Orderer. |
| 10.9. | Regardless of the legal grounds, warranty and damage compensation claims shall become statute-barred within six (6) months. |
| 11. | Retention of Ownership |
| 11.1. | Until the complete fulfillment of all financial obligations upon the part of the Customer/Orderer, we shall reserve the ownership rights to the goods and services we have provided. |
| 11.2. | The Customer/Orderer must fulfill any required form-related directives for the safeguarding of the retention of ownership rights and, in the event of seizures or other legal claims asserted by third parties, the Customer/Orderer shall be furthermore obliged to assert the ownership rights and to promptly notify us of this. |
| 11.3. | Notwithstanding the performance and the transfer of risk or other provisions of these General Business Terms and Conditions, the ownership to the goods shall not be transferred to the Customer/Orderer as long as the entire purchase price has not been paid. We shall be entitled to demand the return of the goods, to sell them to third parties or otherwise dispose of them as long as the purchase price has not been paid in full. As long as the goods have not been paid for in full, the Customer/Orderer must keep the goods in safe custody for us and store the goods separately from its own property and any third-party property as well as to expressly label the goods as being the property of the Seller. Until the complete payment of the purchase price is made, the Customer/Orderer may use the goods in customary business dealings or resell them with our approval. Nonetheless, the Customer/Orderer must hold any payments received (including any possible insurance benefits) for the Seller and keep the monies separated from their own assets and any third-party assets. If the goods are further processed and further processing is also made with parts to which the Seller (we) holds reservation of ownership rights, then the Seller holding reservation of ownership rights shall acquire corresponding co-ownership rights. The same shall apply in the event that our goods are combined with goods of a third party. |
| 11.4. | We shall at any time be entitled to have controlling measures undertaken by our authorized representatives with regards to adherence to the required form-related directives specified in Clause 11.2. at the mounting site for the goods/products we have supplied during regular business hours. If the Customer/Orderer violates such form-related directives or does not permit our authorized representatives to carry out such controlling work on-site, we shall be entitled, at our discretion, to either declare that the entire outstanding purchase price is immediately due for payment and/or withdraw from the agreement. In the event that we withdraw from the agreement, the directives of Sub-clause 9.3.5. shall apply analogously. |
| 12. | Legal Venue and applicable Law |
| 12.1. | The legal venue for all disputes arising, directly or indirectly, from the agreement, including involving check and bill of lading procedures, shall be the court holding competence in Wiener Neustadt, exclusively and mandatorily. |
| 12.2. | With regards to lawsuits involving retention of ownership, however, we shall be entitled to assert legal claims against foreign Customers/Orderers before a court in their country and under their lex patriae. In this case, the retention of ownership provision shall be considered to be agreed which most closely corresponds to the commercial intent of the retention of ownership provision contained herein. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded by mutual agreement. |
| 12.3. | Substantive and procedural Austrian law shall be effective for our agreements. |
| 13. | Miscellaneous |
| 13.1. | Any possible damage compensation claims which the contractual partner or a third party assert against us owing to product liability in accordance with the Produkthaftungsgesetz (Product Liability Act) are excluded unless the party entitled to legal recourse are able to document that we were responsible for the flaw and committed gross negligence. |
| 13.2. | Commitments and agreements made by our salaried personnel/employees are only then legally binding if our executive management have confirmed them in writing. |
| 13.3. | In order to determine in which sphere any possible defects lie, the Customer/Orderer shall be obliged to first contact our quality control department; the Customer/Orderer shall also do this before taking any legal action. |
Terms and Conditions of Purchase
Last modified / As of: September 2013
Terms and Conditions of Purchase | AMADA Austria GmbH
| 1. | Scope of Validity |
| 1.1. | These Terms and Conditions of Purchase (hereinafter referred to as “terms”) in the most recent version apply to all orders and contracts of AMADA Austria GmbH (hereinafter referred to as “AMADA”) for supplies and services. This also includes contracts for labor, work, services and similar contracts. |
| 2. | Acceptance and Application of Terms |
| 2.1. | On acceptance of the order by a written order confirmation, the contract comes into existence. If AMADA do not receive the order confirmation within five (5) days as from the order date, the contract shall in any event be deemed to have been agreed having as its terms the contents of our order. |
| 2.2. | No variation of or addition to these terms and conditions shall form part of any contract unless made or specifically accepted by AMADA in writing at its offices in Ternitz. |
| 2.3. | These terms and conditions shall override and take the place of any other terms and conditions in any other document or other communication used by the contractor in concluding the contract with AMADA. |
| 3. | Prices |
| 3.1. | The prices stated in the order are binding. Unless otherwise agreed upon in writing the prices include costs for the packing, equipment required for the shipping and transport (see point 6) to the address of delivery stipulated by AMADA as well as customs and other duties. |
| 4. | Payment |
| 4.1. | Unless otherwise agreed in writing, payment by AMADA shall be within fourteen (14) days with two percent (2%) cashback or ninety (90) days net after the supply or service was received and invoiced but time for payment shall not be of the essence of the contract. |
| 4.2. | AMADA reserves the right to set off any amount owing at any time from the contractor to AMADA against any amount payable by AMADA to the contractor. Any offset with counterclaims against our claims, irrespective of what type, is excluded. |
| 4.3. | Retentions of the contractor, whatever their nature, have no validity. |
| 5. | Quality and Rejection |
| 5.1. | The contractor hereby agrees that as conditions of the order all supplies and services ordered shall correspond strictly with description and specification and shall be in every respect for the purpose for which the AMADA has expressly or by implication made known that it required the same and shall be of satisfactory quality which is also of a standard not less than that of previous supplies and services (if any) approved by AMADA. |
| 5.2. | Where AMADA is entitled to reject or refuse to accept any supply or service, the contractor shall, at the option of AMADA and without prejudice to any other remedies to which AMADA may be entitled in addition, eliminate the deficiency, reimburse AMADA in full for the cost of repairs carried out by AMADA or any third party at AMADA’s direction, or refund the full purchase price. |
| 6. | Delivery |
| 6.1. | All products are to be delivered, carriage paid (DAP acc. to INCOTERMS 2010), to the place of delivery specified in the order. The contractor shall ensure that each delivery is accompanied by a delivery note which shows, inter alia, the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. Where AMADA agrees in writing to accept delivery by installments, the contract shall be construed as a single contract in respect of each installment. |
| 6.2. | Nevertheless, failure by the contractor to deliver any one installment shall entitle AMADA at its option to treat the whole contract as repudiated. In the case of a service the contractor has to keep records about the provision of services and to provide AMADA with these records on request. |
| 6.3. | The delivery date stipulated for the supply or service shall be the essence of the contract. |
| 6.4. | Should the contractor fail with the service provision at the agreed delivery date (without prejudice to any other remedies to which it may be entitled and notwithstanding any extension of time for delivery which may be given to the contractor by AMADA) AMADA reserves the right to: (a) cancel the contract in whole or in part; (b) cancel without charge that part of the order which is not fulfilled at the end of the period specified in the order; or (c) recover from the contractor any additional costs, losses or expenses to which it may be subject due to the contractor's failure at the supply or service or any part thereof at the stipulated time. |
| 7. | Excess Quantities |
| 7.1. | Products delivered in excess of specified requirements shall not be charged to AMADA and may be returned to the contractor at the risk and expense of the contractor. |
| 8. | Inspection |
| 8.1. | AMADA reserves the right at any time to inspect the supply or service under the order within a reasonable time after the receipt but such inspection shall not relieve the contractor of any obligation under the order. |
| 9. | Passing of Risk |
| 9.1. | The risk for the supply shall remain the contractor's until delivery to AMADA according to the INCOTERMS is complete when ownership shall pass to AMADA. |
| 9.2. | If any products are validly rejected by AMADA, the property and the risk therein shall remain in or thereupon revert to the contractor. |
| 9.3. | In the case of supplies involving erection or installation and in the case of services, the risk passes upon acceptance. |
| 10. | Sub-Contracting |
| 10.1. | No part of this order may be sub-contracted by the contractor without the agreement in writing of AMADA. |
| 11. | Warranty |
| 11.1. | The contractor overtakes for a period of twenty four (24) months the warranty that the supply or service has the contractual agreed quality and guarantees and has no deficiencies which have influence to the function or use. |
| 11.2. | If a deviation from the agreed quality appears within the twenty four (24) months after the supply or service provision the contractor has to establish immediately the should-be state and to hold AMADA additionally harmless against all appearing costs. |
| 11.3. | For the interruption of the suspension of the guarantee it is only necessary to inform the contractor in written about such deviations. |
| 11.4. | The warranty period starts with the delivery of the products at AMADA location or with the acceptance of the service provision. |
| 12. | Liability |
| 12.1. | The contractor shall keep AMADA indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by AMADA as a result of or in connection with: (a) defective workmanship, quality or materials; (b) an infringement or alleged infringement of any intellectual property rights caused by the use, manufacture or supply; and (c) any claim made against AMADA in respect of any liability, loss, damage, injury, cost or expense sustained by AMADA’s employees or agents or by any customer or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the products as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the terms of the contract by the contractor. |
| 12.2. | Incidentally, any underlying obligation from the product liability act related to the contractor´s product will be passed along to the contractor. |
| 13. | AMADA's Property & Confidentiality |
| 13.1. | Materials, equipment, tools, moulds, copyright, design rights or any other forms of intellectual property rights in all drawings, specifications and data supplied by AMADA to the contractor or not so supplied but used by the contractor specifically in the manufacture of the products or service provision shall at all times be and remain the exclusive property of AMADA but shall be held by the Contractor in safe custody at its own risk and maintained and kept in good condition by the contractor until returned to AMADA and shall not be disposed of other than in accordance with AMADA’s written instructions, nor shall such items be used otherwise than as authorized by AMADA in writing. |
| 13.2. | The contractor shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the contractor by AMADA or its agents and any other confidential information concerning AMADA’s business or its products which the contractor may obtain and the contractor shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the contractor’s obligations to AMADA and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind the contractor. |
| 14. | Force Majeure |
| 14.1. | AMADA shall be entitled to rescind any contract which has not been delivered in whole or in part or to the require the contractor to suspend the supply for any period if the activities of AMADA for which the supply or service was ordered are stopped or seriously interfered with by any causes of kind whatsoever beyond AMADA’s control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. |
| 15. | Termination |
| 15.1. | AMADA shall have the right at any time and for any reason to terminate the contract in whole or in part by giving the contractor written notice whereupon all work on the contract shall be discontinued and AMADA shall pay to the contractor fair and reasonable compensation for work-in-progress at the time of termination but such compensation shall not include loss of anticipated profits or any consequential loss. AMADA shall have the right at any time by giving notice in writing to the contractor to terminate the contract forthwith if: (a) the contractor commits a material breach of any of the terms and conditions of the contract; or (b) any distress, execution or other process is levied upon any of the assets of the contractor; or (c) the contractor has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Contractor or notice of intention to appoint an administrator is given by the contractor or its directors or by a qualifying floating charge holder or a resolution is passed or a petition presented to any court for the winding-up of the contractor or for the granting of an administration order in respect of the contractor, or any proceedings are commenced relating to the insolvency or possible insolvency of the contractor; or (d) the contractor ceases or threatens to cease to carry on its business; or (e) the financial position of the Contractor deteriorates to such an extent that in the opinion of AMADA the capability of the Contractor adequately to fulfill its obligations under the contract has been placed in jeopardy. |
| 15.2. | The termination of the contract, however arising, shall be without prejudice to the rights and duties of AMADA accrued prior to termination. The conditions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination. |
| 16. | Remedies |
| 16.1. | Without prejudice to any other right or remedy which AMADA may have, if any products or services are not supplied in accordance with, or the contractor fails to comply with, any of the terms of the contract AMADA shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the products have been accepted by AMADA: (a) to rescind the order; (b) to reject the products or service (in whole or in part) and return them to the contractor at the risk and cost of the contractor on the basis that a full refund for the products so returned shall be paid forthwith by the contractor; (c) at AMADA´s option to give the contractor the opportunity at the contractor´s expense either to remedy any deficiencies or to supply replacement products and carry out any other necessary work to ensure that the terms of the contract are fulfilled; (d) to refuse to accept any further supplies or services but without any liability to the contractor; (e) to carry out at the contractor´s expense any work necessary to make the products comply with the contract; and to claim such damages as may have been sustained in consequence of the contractor´s breach or breaches of the contract. |
| 17. | Assignment, Cession |
| 17.1. | The contractor shall not be entitled to assign the contract or any part of it without the prior written consent of AMADA. AMADA may assign the contract or any part of it to any person, firm or AMADA. The contractor shall be entitled to transfer any claims against us or to have such collected by third parties only with our prior written consent. |
| 18. | Disposal and Packaging |
| 18.1. | Any transport, sales and service packaging of domestic supplies to AMADA must be disposed of by the contractor exclusively through Altstoff Recycling Austria AG (“ARA AG”). The contractor shall indemnify AMADA for any costs arising from a lack of disposal or from disposal by a collecting and disposing system other than that of ARA AG. |
| 18.2. | Notwithstanding any legal information duties, the contractor shall provide AMADA with all necessary and useful information pertinent to the goods and services to be delivered, in particular, information on proper storage as well as safety data sheets in accordance with existing regulations. |
| 18.3. | In addition, the contractor shall raise AMADA’s attention to the possibility of hazardous waste or waste oils arising from the goods delivered by the contractor and shall, in particular, advise AMADA on their disposal. |
| 19. | Miscellaneous |
| 19.1. | The place of performance of the order shall be the place of destination expressly stated in the order. In absence of such a statement, the place of performance shall be the production plant of AMADA in 2630 Ternitz, Austria. |
| 19.2. | Each right or remedy of AMADA under the contract is without prejudice to any other right or remedy of AMADA whether under the contract or not. |
| 19.3. | If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, void ability, unenforceability or unreasonable-ness, be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect. |
| 19.4. | Failure or delay by AMADA in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract. |
| 19.5. | Any waiver by AMADA of any breach of, or any default under, any provision of the contract by the contractor shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract. |
| 19.6. | Legal relations existing in connection with this contract shall be governed by Austrian substantive law, especially the general civil code (ABGB) and the commercial code (UGB). The application of the United Nations Convention on contracts for the International Sale of Products (CISG) is explicitly excluded. |
| 19.7. | Court jurisdiction for both parties shall be Wiener Neustadt. AMADA shall, however, be entitled, if AMADA choose to do so, to institute legal action at such court which has local jurisdiction and jurisdiction in the subject matter, according to the applicable laws of the state in which the contractor has his place of business or residence. |
Privacy Principles
Privacy Principles | AMADA Austria GmbH
AMADA Austria GmbH (hereinafter referred to as “AMADA”) is pleased for visiting our website and welcomes your interest in our company and our products as well as services
AMADA respects your privacy. The protection of your privacy in the processing of your personal data is an important concern to which we pay special attention during our business processes. We process personal data collected during your visit to our websites confidentially and solely in compliance with legal provisions. Data protection and information security are part of our corporate policy. Our aim is to guarantee you maximum security and confidentiality at all times.
Personal data is only stored when voluntarily given by you for a determined purpose e.g. in context of a registration, a survey or in performance of a contract. In addition the following information is collected when visiting our website: IP addresses, the website from which you visit us (referrer), pages (sites) viewed, files downloaded (downloads), videos viewed/audio tracks listened to, individual links clicked, search words or search phrases (site search), duration of visit, browser used, etc. If the visit is a result of online advertising such as banners, video ads, search engine advertising, etc., we also record which banner, adword, etc. motivated the visit to AMADA websites. The insights gained enable us to further optimize our websites and tailor them even better to our visitors needs.
AMADA uses an web analytics tool to carry out access measurements. The access data is collected in anonymized form so that it can no longer be traced back to a user. In particular, this is done by anonymizing the IP address. Only authorised persons have access to this anonymized data.
AMADA websites may contain links to third-party websites operated by providers that are not associated with us. After you click the link, we no longer have any influence over the collection, storage, or processing of any personal data transmitted by clicking the link (such as the IP address or URL of the page (site) that contains the link), as the behavior of third parties is, by nature, beyond our control. Therefore, AMADA is not responsible for the processing of personal data by third parties. Therefore, please be aware that other websites, including those that can be accessed via our site, e.g. by hyperlink, may also record personal data. Our data protection policy does not cover the data protection practice of these external websites linked to our website or other websites.
AMADA or a service provider engaged by AMADA uses your personal data for the purpose of technical administration of websites, customer administration, product surveys, enquiries you submit to AMADA and only in the scope necessary for this purpose or according to the description of processing purposes given at the corresponding locations of our websites. Our employees and the service providers engaged by AMADA are obliged to maintain confidentiality and to comply with the provisions of the Austrian Data Protection Act. In addition, the compliance to all necessary technical and organizational measures will be ensured.
AMADA takes security precautions to ensure that your data we have under our control is protected against tampering, loss, destruction, access by unauthorized persons, or unauthorized disclosure. Our security measures are being continuously improved in accordance with the state of technological developments.
When you provide us with personal data, we use it to inform you about our products and services and, where applicable, to include you in surveys about them, provided you have given us your express consent to use your personal data for advertising purposes. If you have granted your consent for such use, but no longer wish to receive advertising from AMADA, you can revoke your consent at any time. Your data is then deleted, or provided that it is necessary for billing and accounting purposes, blocked accordingly.
You can also revoke your consent to the collection, processing, and use of your personal data for the future. The personal data will be deleted if the consent for the storage will be revoked, if the knowledge of the personal data for the performance of the purpose is no longer necessary or if the storage of the personal data is inadmissible due to other legal reasons. Data which is necessary for billing and accounting purposes or which is subject to the legal obligation to preserve is not affected.
To obtain more information or to submit suggestions or complaints regarding the processing of your personal data please use our contact form. If incorrect information has been stored despite our efforts to maintain correct and up-to-date data, we will correct this upon your request.
