General Terms & Conditions

1. Scope of application

1.1 We address our services to individuals within the meaning of paragraph 1 of the Austrian Commercial Code (UGB) who act within the scope of their business activities (B2B). 

1.2 This TCS applies to legal transactions between companies and individuals, particularly for the delivery of goods and mutatis mutandis, for the provision of services. These TCS apply to all stages of our legal transactions unless we expressly agree in writing otherwise. They shall also apply to all other services which we provide accordingly. 

1.3 General terms and conditions of the Buyer shall only be effective if we have expressly confirmed their applicability in writing, even if they do not conflict with our TCS. Any exclusion of our TCS and any amendments or supplements thereto by the Buyer shall only be effective if we have expressly agreed to this in writing. 

1.4 If any provision in this TCS is or becomes invalid, the validity of the remaining provision shall not be affected. 

1.5 Definitions 

1.5.1 Buyer: means any ordering party, purchaser or other contractual partner of Kaminski Archery; 

1.5.2 Supplier: means Kaminski Archery LLC and Finstermann Engineering GmbH (in short Kaminski Archery, we or us); 

1.5.3 Offer: means any cost estimate or offer by Kaminski Archery and any similar request to the Buyer to submit an offer (or an Order) to Kaminski Archery; 

1.5.4 Order: every offer made to Kaminski Archery by the Buyer for the conclusion of a contract; 

1.5.5 Conclusion of the contract: means the consent between the Buyer and Kaminski Archery concerning the Order; 

1.5.6 Purchase order: means any kind of intended or concluded contract between Kaminski Archery and the Buyer; 

1.5.7 Goods: means the performance to be rendered by Kaminski Archery following the requirements of the respective order (object of the contract); in particular any item to be delivered by Kaminski Archery ; 

1.5.8 Delivery: means the performance of the service owed by Kaminski Archery ; 

1.5.9 Order value: means the actual or anticipated invoice amount; 

2. Offer 

2.1 We base all our Offers on this TCS. All Offers are nonbinding and subject to change unless we expressly state a certain commitment period in writing. 

2.2 All documents, especially but not limited to documents issued with Offers, such as illustrations, drawings, descriptions, dimensions, and weights, are non-binding and only close approximations unless explicitly termed as binding. There may be changes due to new technologies, experiences, and improvements. In particular, no warranty or liability claims can be made based on the documents provided in an Offer. 

2.3 Concepts, plans, sketches, estimates, and other materials such as brochures, samples, product descriptions, and similar documents remain our sole intellectual property. Any use, especially but not limited to forwarding, copying, publishing, and distribution, even partially, requires our express consent. We reserve the right to demand the return of all our documents if you place an order with another company. 

2.4 Unless otherwise agreed, our prices include other price components but are calculated without taxes in Euro (€) or USD ($). We invoice taxes as applicable on the day we send you our invoice. Unless otherwise agreed, our prices don't include transport and customary packaging (EXW Steyrermühl, Incoterms 2020). Any transport, import or export fees are not included in the price calculation and shall be covered by the Buyer unless otherwise agreed upon. The Buyer shall also be deemed to bear the risk for the transport unless otherwise agreed. 

2.5 The prices offered are valid for the current Offer only. Offers shall apply exclusively for the country of destination specified by the Buyer. You are liable for all prejudice and claims against us due to the use of the products supplied outside such country. Unless otherwise agreed, interpretation of contract terms customary in the trade shall be governed by the Incoterms 2020, including the supplements valid at the time when the contract is concluded. 

2.6 The Supplier shall be entitled and, at the request of the Buyer, obliged to adjust the contractually agreed fees once a year. The basis for the change of services is the collective agreement for employees in the metal industry, and for products and materials, the consumer price index published monthly by Statistics Austria (CPI 2015=100) or an index replacing it. The adjustment shall be made to the extent that the actual production costs at the time of the conclusion of the contract change compared to those at the time of the actual performance of the service, provided that the Supplier is not in default. 

3. Order Confirmation, the Conclusion of the Contract 

3.1 The contract is concluded when we send you an order confirmation or your Goods, depending on which event occurs earlier. 

4. Service, Terms of Payment 

4.1 Unless otherwise agreed, advance payment is deemed to be agreed upon. The Buyer agrees to release payment of the agreed amount upon conclusion of the contract. 

4.2 The delivery period shall commence at the latest of the following events: 

4.2.1 Date of the order confirmation 

4.2.2 The date of completion of all requirements by the Buyer, irrespective of the nature of these requirements; 

4.2.3 The date on which Kaminski Archery receives a deposit or advance payment or other security. 

4.3 We will deliver within a reasonable period unless a specific delivery period has been agreed upon. 

4.4 If the delivery is delayed due to reasons within the reasonable control of the Buyer, delivery shall be deemed to have been fulfilled at the time of the agreed collection date. From this time onwards, the risk for the Goods is transferred to the Buyer. 

4.5 The Buyer shall reimburse the storage costs for storage at our facilities if the Buyer is responsible for any delayed delivery. 

4.6 If either party suffers a delay in performance or delivery due to any cause beyond their reasonable control, the time for delivery and performance shall be extended to a period equal to the period of delay and its consequences. These circumstances include but are not limited to force majeure, such as armed conflicts, official interventions and prohibitions, transport and customs delays, transport damage, energy and raw material shortages, pandemics, labor disputes and the loss of a major supplier who is hard to replace. These aforementioned circumstances also entitle the Supplier to extend the delivery period if they occur with suppliers of the Supplier. 

4.7 We reserve the right to make partial deliveries and to submit corresponding partial invoices. Unless otherwise agreed, payment terms for partial deliveries are net upon receipt of the invoice. 

4.8 If the parties agree to a trial operation in the Order, the trial operation must be completed before acceptance. The acceptance by the Buyer shall be deemed complete if the Goods and Services are used commercially. 

4.9 All payments shall be made to the payment agency determined by the Supplier without any deduction and free of charge. Payment terms are considered as adhered to if the Supplier can dispose of the full amounts within the agreed period. Any expenses or interest that may arise in connection with the payment shall be borne by the Buyer. 

4.10 Payments received from the Buyer may be used to settle other open balances. Other than that, payments are settled in the following order: interest, costs, the capital. 

4.11 The right of retention, as well as any set-off by the Buyer, is excluded. 

4.12 If the payment of the Buyer is late, we may, without prejudice to our right, 

4.12.1 charge the statutory default interest from the due date, unless we can claim greater damages. Pursuant to § 456 of the Austrian Commercial Code (UGB), the corporate default interest rate shall be 9.2 percentage points above the base interest rate of the Austrian National Bank per annum. 

4.12.2 demand immediate payment of all open balances from the current and any other transactions and charge default interest if delay as stated in 4.12.1. 

4.12.3 set your payment conditions after two delays to prepayment only. 

4.12.4 to withdraw from the contract in the event of a partial default or an instalment payment agreement, setting a reasonable period of grace and, in the event of culpable default, to additionally claim non-performance damages. 

4.13 If the Buyer suspends payment, is over-indebted, or subject to any bankruptcy-related proceedings, all outstanding balance shall become due immediately. The same shall apply if the Buyer is experiencing any significant financial deterioration. 

4.14 The Buyer shall compensate for costs incurred for dunning fees and expenses of payment collection. The Buyer will also reimburse reasonable feed of debt collection agencies or lawyers. If we decide to operate your customer account ourselves, we charge Euro 40,00 as a lump-sum compensation for operating costs within the meaning of § 458 of the Austrian Commercial Code (UGB). 

5. Retention of Title 

5.1 The Goods supplied shall remain our sole property until all debts have been paid in full, including interest and expenses. The Buyer shall neither lien nor transfer the ownership of the reserved goods as a guarantee. 

5.2 A retrieval of our Goods doesn't equal a declaration of withdrawal from the contract unless otherwise expressly declared. 

5.3 We are entitled to retrieve the Goods at any time at your expense without your approval if you fail to fulfill your contractual obligations, which includes partial delay in payment. 

5.4 You may sell, mix, or lease the Goods on reasonable commercial terms and assign all current or future claims arising from the resale, combination, or leasing to us. The assignment shall extend to balance claims based on current account relationships or upon the termination of such relationships between the Buyer and his customers. We are entitled to notify any third-party debtors about the assignment. 

5.5 If you resell or rent the Goods in a bulk or package deal, you will assign to us the corresponding part of the agreed price, which equals the value of the Goods. The assignment shall have priority over any other remaining claim. 

5.6 If the Buyer complies with his payment obligation and no detrimental change occurs in his financial standing, the Supplier will not collect the debts assigned. If the reservation of ownership in the foregoing form is not effective under the law of the country of destination, the Buyer must cooperate in establishing a similar security right complying with the provisions of his country in favor of Kaminski Archery.