General terms and conditions of purchase

Franz Achleitner Fahrzeugbau und Reifenzentrum GmbH
(hereinafter referred to as "Achleitner")


I. General Provisions

(1) Unless expressly agreed otherwise, these General Terms and Conditions of Purchase as announced to the supplier are valid and binding. The supplier agrees that - in the event other purchasing terms and conditions are used by the supplier - these General Terms and Conditions of Purchase shall prevail in the event of any doubt, even if the terms and conditions of the supplier remain uncontested. Confirmation or execution of the order shall be considered as an acceptance of these Terms and Conditions of Purchase. Contractual performance on our part shall in this respect not be deemed as acceptance of contractual conditions deviating from our Terms and Conditions of Purchase. Where any uncertainties or doubt as to the interpretation of the contract occur, these must be resolved in such a way that agreement is reached with regard to the contents that are usually agreed in comparable cases. Any partial or complete derogation of these Terms and Conditions of Purchase, auxiliary agreements and any possible sales conditions of the seller require acceptance and written confirmation by Achleiter to be legally valid.

(2) These Terms and Conditions of Purchase shall also apply to all future orders until such time that new terms and conditions come into effect, even if specific reference is made to them in individual cases.

II. Offer, cost estimates, conclusion of the contract

(1) Inquiries by Achleitner submitted to the supplier are intended as an invitation to submit offers. Unless explicitly agreed otherwise, all offers and cost estimates are to be submitted to Achleitner as binding and free of charge. The offer shall remain valid for the period of four weeks from the date of its receipt.

(2) The offer of the supplier shall match the respective inquiry in terms of quantity and quality; all possible deviations must be explicitly indicated as such.

(3) No compensation or payment shall be made by Achleitner for visits or for the preparation of offers, projects etc., even if the contract is not concluded. If an alternative arrangement applies, it must be explicitly confirmed in writing.

(4) Unless the supplier hands in a written notice of acceptance of the order within three business days from the date of its receipt, Achleitner shall no longer be bound by the order.

(5) Contracts between Achleitner and the supplier shall not be based on the offers obtained, but shall always be based on the contents of the written order and the contents of these Terms and Conditions of Purchase, unless the supplier makes any specific references to any deviations between the order confirmation and the relevant order, and provided that Achleitner explicitly accepts such deviations in writing. Oral agreements will only be binding if confirmed in writing. A contract concluded with the supplier shall not be transferred to third parties without written consent by Achleitner.

(6) Achleitner may request reasonable changes in the design and execution of the object to be supplied. The consequences of such changes, in particular in terms of cost increase or decrease and delivery dates, are to be agreed upon by mutual consent. Any changes requested by the supplier must be first approved by Achleitner in writing.

III. Prices and payment terms and conditions

(1) In absence of any other explicit agreements, the prices proposed to Achleitner are understood as inclusive of all taxes and incidental expenses, including transportation and insurance costs. The agreed prices and/or contractually agreed prices are fixed prices; Achleitner shall not accept any price variation clauses, etc., unless this has been separately agreed upon.

(2) If no fixed prices have been specified in the order, these must be explicitly stated by the supplier in a copy of the order sent back to Achleitner. A contract becomes valid and binding only upon acceptance of these delivery prices by Achleitner. All taxes and auxiliary costs must be explicitly referred to in the offer and shall be covered by the supplier, unless explicitly agreed otherwise in writing, with the exception of the statutory value added tax. Price increases during the term of the contract, including the increase of auxiliary costs, require Achleitner’s prior consent in writing.

(3) Unless otherwise noted in the order, payments of correctly issued invoices shall be made by Achleitner within 14 days less 3 % discount, within 30 days, or at a later date specified by Achleitner, net. The time allowed for payment begins no earlier than on the date when a proper invoice is received, but in any case not before receipt and technical acceptance of the ordered goods or the service. Invoices which do not comply with our order requirements stated in the order, in particular if the order numbers are missing, shall be sent back to the supplier once they are reviewed. In this case the cash discount period does not begin before receipt of a corrected or supplemented invoice. In international business transactions, all invoices shall be sent to Achleitner in triplicate. Achleitner shall be obliged to pay only for deliveries which are in proper condition and in compliance with the contract.

IV. Delivery

(1) All deliveries shall be made, carriage and packing paid, to the receiving location specified by Achleitner in the relevant order. Goods shall be packed in a standard, proper and appropriate way, at the expense of the supplier. Consignments shall be marked in writing to Achleitner, indicating full details of the number of pieces, dimensions, and sizes before the goods arrive. This also applies to any special instructions regarding the handling of goods, in particular transport, storage, and unloading at our premises. Deliveries of samples must be clearly marked as such on delivery notes, containers and goods, and must be sent to Achleitner free of charge.

(2) Excess or short deliveries will only be recognized if they have been confirmed by Achleitner in writing. The supplier shall also deliver all documentation required for acceptance, operation, service and repair, particularly test protocols, work certificates, drawings, plans, operating instructions and repair manuals; this documentation shall be provided free of charge, in a reproducible form. The supplier is responsible for providing the correct movement certificate required for customs clearance, and otherwise has to indemnify and hold Achleitner harmless in this respect.

(3) Every delivery shall be accompanied by a delivery note containing all identification data specified in our order, in particular order number, customer, commission etc. Partial and outstanding deliveries must be specifically marked as such. To ensure it is possible to identify the contents of a consignment without opening, the delivery note must be always fixed in a visible position on the outside of the package. The delivery note shall only include items that are actually included in the consignment. Any items that cannot be delivered or have not been delivered must be indicated on a separate document.

(4) The stipulated delivery deadlines shall be considered agreed if the supplier has not specified alternative times in writing. The agreed delivery deadlines and delivery periods shall then be binding. Achleitner shall be notified of any delays in writing immediately after they are recognized and before expiry of the delivery period, with details of the reasons for the delay and its probable duration. The supplier shall be liable for compensating for all direct and indirect damage due to delayed performance, insofar as the supplier is answerable for the delay. In the event of the delivery period being exceeded, Achleitner is authorised to set an appropriate extension and if it expires without result, to withdraw from the contract without prior warning and to demand compensation for damages due to non-fulfilment. The goods reception is open Monday – Thursday from 7.30 am to 12.00 noon, and from 1.00 pm to 5.00 pm, as well as on Fridays from 7.30 am to 12.00 noon, excluding public holidays and annual holidays. Deliveries outside the goods reception opening times must be notified in writing by the supplier and are subject to approval by Achleitner.

(5) In the event of delivery delay, Achleitner shall be entitled to claim a contractual penalty independent of the fault, which is not to be considered a forfeit. The sum of the penalty is 1 % for each started week the delivery delay, up to 5 % of the contract value in total. Achleitner shall be entitled to deduct the amount of contractual penalty from payments to be made to the supplier. The right of Achleitner to claim further compensation shall not be affected.

(6) Ordered goods travel at the supplier’s risk; the risks of accidental loss or damage are the supplier’s responsibility until the goods are accepted. Any alternative arrangements must be agreed upon with Achleitner in writing.

V. Warranty, Guarantee, Claims

(1) No exclusions of liability of the supplier, in particular with respect to warranty and damages, shall be accepted, unless specifically agreed upon with Achleitner. In the event of any defects, Achleitner shall have the choice between exchange, repair, or price reduction, unless Achleitner is entitled to claim conversion and decides to exercise this right. Where Achleitner requests repair or exchange, Achleitner is entitled to withhold the entire payment due until the legally due service/delivery is fully performed. In addition to the foregoing, Achleitner is also entitled to a substitute performance of service by third parties if a reasonable period of execution has expired with no effect.

(2) The supplier guarantees, without prejudice to other legal claims, that it will restore to good order and condition any parts of the service which are defective or which become defective within the warranty period, with free delivery to the point of use. The warranty period shall be two years and shall begin after final acceptance or - insofar as acceptance is not possible - after commissioning.

(3) The obligation to carry out an inspection of goods and to give timely notice in accordance with §§ 377,378 of the Austrian Commercial Code (UGB) is hereby explicitly excluded. If any defects are detected, Achleitner is at any rate entitled to file a complaint within a six-week period. Rights other than those expressly mentioned herein, for example those arising out of guarantee commitments of the supplier, shall remain unaffected.

(4) The supplier shall bear the burden of proof that the defects reported by Achleitner did not result from defectiveness of the goods. If the assertion of claims is subject to a specific degree of fault, the burden of proof is to be furnished in such a way that the supplier has to prove that the faults were not fully or partially caused by the supplier. The exclusion of recourse claims in the meaning of § 12 PHG (Product Liability Act) shall not be accepted.

(5) If Achleitner is held liable by third parties because the products are not in conformity with the properties guaranteed or warranted by the supplier, Achleitner shall be fully indemnified and held harmless by the supplier.

(6) In the event that claims are brought against Achleitner for any violation of product liability regulations, Achleitner shall be indemnified against any such claims of third parties as long as the damage is caused by defective condition of the product sent by the supplier. In such cases, the supplier shall assume all costs and expenses, including the costs of bringing any legal action or of a callback. The supplier shall undertake to carry product liability and recall cost insurance, with suitable coverage per claim.

(7) The supplier guarantees and assures that all goods delivered or services rendered by the supplier meet specified requirements, i.e. they are state of the art, they comply with the applicable statutory provisions, regulations and guidelines laid down by public authorities, professional and trade associations, and they meet the agreed requirements. Any additional guarantees granted by the supplier shall remain unaffected.

VI. Documentation, confidentiality

(1) Models, samples, drawings, data sheets, and equipment that Achleitner makes available to the supplier shall remain the property of Achleitner. Their return can be requested at any time by Achleitner; all submitted models, samples, drawings, data sheets, and equipment must be made available to Achleitner at all times. All models, samples, and drawings are to be treated as confidential and are only to be used for the execution of our orders. The supplier expressly undertakes not to copy or reproduce any models, samples, drawings, data sheets, and equipment provided by Achleitner; under no circumstances may they be given or shown to third parties definitively or for inspection, unless upon prior consent of Achleitner in writing.

(2) The supplier must observe strict confidentiality regarding confidential information. Confidential information shall be construed as all information and documents of which the supplier becomes aware or which is made available to the supplier by Achleitner in connection with the business relationship between the supplier and Achleitner. The supplier shall also treat as confidential all other information of which the supplier becomes aware in connection with making the offer, placing or executing the order, regarding numbers of pieces, prices, execution etc. The supplier shall assign the confidentiality obligation to all employees and third parties which are involved in the contractual performance, upon written consent of Achleitner.

VII. Reservation of propriety rights, third-party protective rights, force majeure

(1) Reservation of propriety rights by the supplier shall not be accepted.

(2) The supplier shall indemnify and hold Achleitner harmless from all third-party claims derived from an infringement of protective rights by delivery or performance, provided that such infringement is the fault of the supplier.

(3) Cases of force majeure, strikes and lockouts shall exempt the contracting parties from their contractual obligations for the duration of the disruption and to the extent of its impact. The contracting parties are obliged to immediately provide the necessary information that can reasonably be expected and to adjust their contractual obligations to the changed circumstances in good faith.

VIII. General provisions

(1) Unless otherwise agreed, the place of contractual performance and counterperformance is the business address of Franz Achleitner Fahrzeugbau und Reifenzentrum GmbH, Innsbrucker Straße 94, A-6300 Wörgl.

(2) The exclusion of set-off shall not be recognised by Achleitner; Achleitner shall be entitled to set off accounts receivable against the entitled claims from the supplier.

(3) The supplier shall comply with the respective statutory provisions governing the treatment of employees, environmental protection and occupational health and safety, and to work on reducing the adverse effects of its activities on human beings and the environment. In this respect, the supplier shall set up and further develop a management system in accordance with ISO 14001 within the realms of its possibilities. The supplier shall also observe the principles of the UN Global Compact Initiative. If the supplier continuously infringes upon the above stated principles, Achleitner reserves the right to rescind the contracts or to cancel the contractual relationships without notice.

(4) The supplier undertakes to each time inform Achleitner of the origin of the supplied goods, their manufacturer, or its own suppliers, and to provide Achleitner with a proof of their origin in writing.

(5) The supplier shall inform Achleitner without being prompted if the consignment is wholly or partly subject to export restrictions.

(6) The supplier shall guarantee supply of spare parts for a minimum of 15 years after the product has been discontinued from series production. Deviations therefrom shall be only valid and binding if they are explicitly agreed upon with Achleitner.

(7) Achleitner observes the right, to evaluate through a on-site Audit, whether the agreements on integrity and the prevention of corruption are respected. In this context, Achleitner is granted access to all relevant documents and records.

(8) Achleitner strictly adheres to the provisions of the Data Protection Act when using and processing data. The use of personal data is regulated in the data protection regulations, which are available in the current version on the Achleitner website.

(9) All arrangements, subsequent changes, supplements and ancillary agreements, etc. require the written form and the original signature or qualified electronic signature to have legal validity. Explanations, notifications etc. directed to Achleitner require the written form and the original signature or qualified electronic signature to be effective.

(10) The contractual relationship is governed by Austrian law, with the exclusion of the provisions of international private law, unless agreed otherwise. The international regulations regarding the purchase of movable items, in particular the uniform UN-purchase right, shall not apply.

(11) The place of jurisdiction for any disputes arising from the contractual relationship or connected with it shall be the local and competent court for Achleitner. Achleitner shall be entitled to seek redress also in another court competent according to the statutory provisions.

(12) Should any provision of the above Terms and Conditions of Purchase or any provision of a contract concluded in connection with the business relationship become invalid, the effectiveness of the remaining provisions will not be affected.

As of 2018/06


General terms and conditions of sales and delivery

Franz Achleitner Fahrzeugbau und Reifenzentrum GmbH
(hereinafter referred to as "Achleitner")

I. General Information

(1) These Terms and Conditions of Sale and Delivery are an integral part of every offer and every contract.

(2) Only offers and contracts which have been signed on behalf of the supplier company are legally effective and binding. The Seller shall be bound to this written offer for a full two weeks. If the Purchaser does not accept this in writing before the expiry of this period, all agreements shall be deemed invalid.

II. Prices

(1) The prices are, unless explicitly agreed otherwise, net prices ex works from the supplier, without packaging and excluding VAT. Price increases that occur independently of the intentions of the supplier company (increases in material costs and changes within trades as a result of new legal regulations) may be passed on to the ordering party.

(2) All costs associated with the performance of this legal transaction or arising therefrom (e.g. shipping costs, insurance, finance costs, the cost of any land registry security or impounding of the vehicle), and any fees or taxes shall be borne in full by the Purchaser alone, without entitlement to reimbursement.

III. Terms of Payment

(1) A separately negotiable down payment should be made concurrently with the order. Unless agreed otherwise, the remaining purchase price shall become due for payment immediately upon delivery and acceptance. All payments should be made free of charges and deductions. In the event of a default in payment or acceptance, default interest equivalent at least to the rate charged for current account overdrafts shall be payable. Furthermore, in the event of a delay in acceptance, storage fees will be charged at the standard rate. If the Purchaser fails to fulfil the contract, the supplier company is entitled to claim full compensation for delay or a contractual penalty equal to 15 % of the purchase price. The contractual penalty cannot be reduced by court order. Any right of withdrawal shall remain unaffected by this.

(2) Reservation of Title
All purchase objects shall remain under the ownership of the supplier company until all Purchaser obligations are met. Until then, any disposal, pledging, transfer of ownership by way of security, leasing or other surrender of the purchase object shall require the prior written approval of the supplier company. All payments on the part of the Purchaser shall, irrespective of any allocation by the Purchaser, first be used to cover any receivables of the supplier company for repair or the delivery of goods and spare parts, then interest and other extra charges and, only thereafter, to cover the purchase price claim for the main item. Offsetting is always carried out against the oldest claim in each case.

(3) The company Achleitner is entitled to reserve the type-approval certificate (vehicle inspection rating) until all obligations of the Purchaser arising from the purchase agreement have been met.

(4) If third-party access to goods supplied by us under reservation of title is required, the Purchaser must verifiably inform the company Achleitner of this in writing.

(5) As long as title is retained, the Purchaser shall insure the full value of the purchase object against all risks, including fire, and restrict the transferability of the insurance policy in favour of the company Achleitner. The company Achleitner is also entitled, as long as title is reserved, to demand that a comprehensive insurance policy be taken out for the purchased item. All claims arising from such comprehensive insurance policy are pledged to the company Achleitner and transferability should be restricted in favour of the company Achleitner when concluding the policy. If the Purchaser refuses to take out such an insurance policy, the company Achleitner is entitled to take out insurance at the expense of the Purchaser itself. In the event of a claim, any compensatory payments from a comprehensive insurance policy must first be used to pay the necessary repair costs to rectify the damage incurred. In the event of the purchase object being written-off, the company Achleitner shall be entitled to the insurance compensation as a means of offsetting of any purchase price still outstanding.

(6) The Purchaser is under obligation to keep the purchase object in orderly condition for the duration of the reservation of title and to have any necessary repairs carried out immediately – except in emergencies – in the company Achleitner’s workshop or in a workshop approved by the latter. In any case, while the reservation of title applies, the Purchaser must inform the company Achleitner of any damage to the vehicle within 24 hours.

(7) The offsetting of existing or alleged counter-claims of the Purchaser against the claim of the supply company is excluded.

(8) The transfer of any claims against the Seller is excluded.

IV. In the event of default in payment

(1) In the event of default in payment and violation of any other material contractual provision, specifically in the event of insolvency on the part of the Purchaser, the supplier company is entitled to withdraw from the contact and claim compensation for damages due to non-performance. The provision of Art. 8 No. 21 of the Regulation on the Introduction of Regulations under Commercial Law in the State of Austria (EVHGB) shall be excluded by mutual agreement. Reference is made here to the final sentence of provision 3.1.

(2) The supplier company is entitled to declare all claims against the Purchaser due ahead of time if the latter is in default of payment by more than 14 days or if circumstances are known which make the Purchaser’s ability to fulfil the obligation appear uncertain. Where payment in instalments has been arranged, a payment target shall be considered to have been missed if the Purchaser is in default of an instalment by more than four weeks, despite a reminder and the setting of a grace period of more than two weeks on pain of default. If a payment target has been missed, the supplier company is entitled to seize the purchased object and to redeem it according to commercial principles (Section 373 Commercial Code (HGB)). In this case, the Purchaser must surrender the purchased object to the supplier company on request within three days. In the case of refusal, the supplier company is entitled to seize the purchase item, wherever it is, without resorting to the help of the authorities.

(3) It is generally agreed that insolvency on the part of the Purchaser as defined under the legislation should be irrefutably presumed if the latter defaults on payments to such an extent that a payment target is missed.

V. Delivery

(1) The delivery times specified to the Purchaser are non-binding. Requests for changes must be accepted by the Seller in writing and, in this case, the delivery period shall extend by half the arranged delivery time. If the delivery time is delayed by more than three months for reasons the supplier company is answerable for, the ordering party may withdraw from the contract in accordance with the provisions of the Austrian Civil Code (ABGB). The term begins upon receipt of the down payment at the earliest. The delivery date should be reset in the event of order changes.

(2) The prospectus information relating to dimensions, weights, speeds, running costs and performance should be regarded only as approximate values.

(3) The supplier company shall take any used parts accumulated during repairs into its possession at no cost upon removal.

(4) The supplier company determines the tyres to be fitted to the vehicle.

(5) The manufacturing company reserves the right to make design, shape and configuration changes which are necessary on technical grounds.

(6) The Purchaser is not entitled to claim damages for non-performance or default unless this can be attributed to intent.

VI. Fulfilment and Terms of Acceptance

(1) The contract is fulfilled by the supplier company:

a) For deliveries ex works: on the date that a verifiable notice of readiness for shipment is issued. The Purchaser must check and accept the purchased object at the agreed acceptance location – at the Seller’s works unless agreed otherwise, within eight days of receiving the notice of readiness. If this acceptance does not take place within eight days, then the purchased object shall be deemed as properly accepted and approved. In the event of a default on acceptance, the Purchaser undertakes to pay the customary daily storage fee at the plant.

b) For delivery with an agreed shipment location: upon shipment from the supplier’s works. In this case, shipment shall always take place at the expense and risk of the Purchaser.

(2) All risks, including those associated with accidental loss, are transferred to the Purchaser at the point of fulfilment, who shall be responsible for taking out the necessary insurance cover at its own cost. This also applies to vehicles handed over for repair, from the point of acceptance to the point of fulfilment.

VII. Collateral and Joint Liability

(1) All securities granted to the Seller under this purchase contract, such as guarantees, cessions and reservation of title also serve simultaneously to secure all other receivables already due to the Seller from the Purchaser from other transactions and credits or any receivables which may be due from the Purchaser in future, including legal and enforcement costs. It is agreed that, all securities granted or to be granted to the Seller as part of other transactions concluded with the Purchaser, specifically cessions and ownership rights and lines at the disposal of the Seller, shall equally serve as a means of securing all claims of the Seller arising from the current contract. This also applies to receivables which the Seller acquired before or after the conclusion of this transaction by way of assignment or purchase.

VIII. Warranty

(1) The Supplier only warrants the defect-free condition of the vehicle in terms of material and workmanship in line with the current “state of the art” to the original purchaser, subject to fulfilment of the payment obligations and for the legally specified duration. The warranty is excluded if the total weight, axle pressure, payload underlying the purchase contract or the chassis payload capacity are exceeded, or, if the payload distribution on the vehicle is performed incorrectly by the operating personnel. The warranty obligations will be fulfilled, at the choice of the supplier’s works, either by repairing parts sent without freight or packaging charges or through replacement of the same. In any case, only parts exhibiting a defect in material or workmanship shall be replaced. The wages and costs for installation and removal shall be borne by the Purchaser. Whether the supplier’s works opts to have the defective parts or vehicles sent back for the purpose of rectification or replacement, the Purchaser shall bear all costs and risks of transportation. Defect rectification shall not result in an extension to the warranty period, nor shall it cause the same to start from the beginning again.

(2) Warranty claims are only taken into consideration if they are raised with the Seller immediately after discovery of the defect. The warranty is void if the Purchaser does not follow the instructions of the supplier’s works in relation to the use of vehicle (operating manual), and does arrange for proper performance of the prescribed checks. The supplier company is also entitled, in the case of suspected improper use or usage against the operating instructions, to seek the advice of an expert of its choice at the cost of the Purchaser for the purpose of claims assessment.

(3) The right to a change or reduction shall only apply where rectification is not possible.

(4) Replacements will not be granted for indirect or direct damage.

(5) Natural wear or damage attributable to negligence, improper use or accidents are not covered by the warranty.

(6) This warranty is void if the purchase item has been subject to alteration by a third party or due to the installation of third-party components.

(7) If the Purchaser is not a consumer as defined by the Consumer Protection Act, the warranty does not cover used vehicles.

IX. Damage

(1) The supplier company shall not be held liable for damage, irrespective of nature. This does not apply to damage which has occurred as a result of intent or gross negligence, nor does it apply to personal injury. Provided the provisions of the Consumer Protection Act are not applicable to the contractual relationship, the Purchaser shall waive the contestation of this contract based on a defect, unless this was caused by the deliberate or grossly negligent actions of the Seller.

X. Place of Jurisdiction / Applicable Law

(1) The competent court in Innsbruck is agreed as the place of jurisdiction for all disputes arising from this contract (Section 104 JN – Law on Jurisdiction). The place of performance for both parties, with particular regard to Art. 5 (1) of the Lugano Convention (LGVÜ), is Wörgl. The application of the United Nations Convention on the International Sale of Goods (CISG) is excluded. It is taken as agreed that Austrian law shall apply.

XI. Exchange of Vehicles

(1) If the Seller accepts a vehicle as payment based on a separate agreement, then this exchange vehicle shall be transferred to the Seller upon the hand-over of the purchase item at the latest. The exchange of such vehicle shall take place on the basis of a separate purchase agreement which is based on an estimation log kept by the Seller or one of its staff. Where value-reducing changes in relation to the Seller’s estimation log occur before the exchange vehicle hand-over date, the costs of rectifying such defects shall be deducted from the purchase price of the exchange vehicle. Equally, price reductions based on the provisions of the purchase agreement for the exchange vehicle shall be deducted from the agreed purchase price. The down payment of the agreed purchase price for the exchange vehicle will therefore decrease accordingly. The Purchaser should then pay the difference to the Seller in cash. If there is a delay in the hand-over of the exchange vehicle to the Seller, the latter is entitled to deduct 10 % of the agreed exchange purchase price for every month or part thereof by which the hand-over of the exchange vehicle is delayed. The purchase price claim of the Purchaser for their exchange vehicle there-fore reduces accordingly.

XII. Specification

(1) In the case of a sale by Purchaser’s specification, the Purchaser shall make the specifications reserved to it within a period of 14 days from the conclusion of the contract. If it fails to do so, the manufacturer is entitled to make the specifications instead of the Purchaser. Alternatively, the manufacturer is also entitled to withdraw from the contract. If the manufacturer suffers damages due to a delay on the part of the Purchaser in providing specifications, it may assert this against the Purchaser.

XIII. Severability Clause

(1) If one of the provisions of this contact becomes invalid, the validity of the remaining contract other than affected part shall remain unaffected. This ineffective part of the contract shall be replaced by a corresponding new, legally effective passage. All remaining contractual provisions shall remain effective in full.

XIV. Anti-Corruption Clause
(1) “Achleitner is entitled to conduct on-site audits of its partners to determine whether agreements on integrity and corruption prevention are being adhered to. Achleitner shall be permitted to examine all relevant documents and records in connection therewith.”

XV. Data Protection Act

(1) Achleitner strictly adheres to the provisions of the Data Protection Act when using and processing data. The use of personal data is regulated in the data protection regulations, which are available in the cur-rent version on the Achleitner website

As of 2018/06