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General Terms and Conditions

General Sales, Payment and Delivery Terms and Conditions (GTC)

1. Validity:
By accepting the goods/services, the Purchaser expressly agrees to be bound by these General Sales, Payment and Delivery Terms and Conditions. These Terms and Conditions apply to this order and all subsequent orders. Any changes must be agreed upon in writing.

2. Prices:
The Seller reserves the right to raise the price of goods until the day of delivery if material and labour costs, customs duties and other charges have increased by more than 5% between order acceptance and delivery.

3. Payment:
Payment terms and cash discount deductions shall be agreed upon by the Purchaser and Seller. Unless agreed otherwise, payment shall be made after receipt of invoice without any deduction of cash discounts.

4. Additional size charges:
Men’s size 58/XXL and up: 5% additional charge per size increase. Women’s size 52/XXL and up: 5% additional charge per size increase. Small sizes, belly sizes and other custom orders: additional charges according to the applicable price list.

5. Delivery dates:
Delivery dates are not binding. Partial deliveries and early deliveries are permitted. When a delivery date has been arranged, the Purchaser must extend the deadline by at least four weeks.

6. Late payment:
If the payment is not made by the due date, the Purchaser commits himself to pay interest on any outstanding amount at the rate of at least 1% per month and pay collection costs. The Purchaser agrees that in case of unsettled payment, interests will be capitalized until a suit is filed, and collection costs are added to the capital sum. The Seller is not bound to deliver any goods until fully paid for (including interest payments and other charges).

7. Force majeure:
In case of operational disturbances, other events of force majeure and all other circumstances that impede the delivery of goods, the Seller shall be relieved from all obligations to make any delivery. The Seller shall be liable for damages and other legal claims only within the extent of applicable law, presently in case of premeditation and gross negligence. However, delayed delivery is not a basis for a request for compensation. The Seller shall only be liable for third parties who act on the Seller’s behalf to fulfil the order, or from whom the Seller acquires goods or services to produce the goods required for the order, if the fault was due to the Seller’s negligence during the selection process within the scope above.

8. Returns (size exchanges):
As a rule already delivered goods are not returnable except for notice of defect. In exceptional cases, if the return is justified in a size exchange or a notice of defect, returns are accepted under the following conditions:

Returned goods will be accepted only if date of payment of the corresponding invoice has not yet been reached. Goods are accepted only with RMA (Return Material Authorization) note, which can be requested by phone, by fax or by e-mail:

Austria:      
T: + 43 7472 64744-0        
F: + 43 7472 64744-48        
info(at)oetscher.com

Germany:
T: + 49 5407 81464-0
F: + 49 5407 81464-29
info(at)oetscher.de

Transport costs of the return shipment are at the expense of the sender.

9. Size exchanges
Our body measurement tables for determining sizes are available for size selection. Also a size set for fittings can be requested but only after already fixed submitted orders. As a result, size sets should be incorporated into the order. If this is not possible or no original articles will be used for determining size, a solution for reimbursement of costs has to be found with our sales team. Generally products of sets of size which got soiled, goods with a company logo and custom-made products will not be accepted for return and will be invoiced.

Articles from catalog:
Size exchanges after delivery are possible for soiled articles, as reimbursement for handling and restocking will be calculated € 2.50 per piece. Minimum € 6.90 for total return.

Articles from special production and articles with your labels:
Size exchanges after delivery are not possible. Is there a customer warehousing are size exchanges possible. As reimbursement for handling and restocking will be calculated € 2.50 per piece. Minimum € 6.90 for total return.

10. Complaints:
If the return is due to a manufacturing defect on Oetscher’s part, the defect must be reported as soon as it is discovered and within 14 days at the latest. After that period, the complaint about the defect must be made in written form within 30 days. If the complaint is justified, Oetscher can exchange the faulty item for a satisfactory one or refund the amount paid. Used goods will not be accepted for return or exchanged unless it is a warranty issue. Shipping costs are at Oetscher’s expense.

11. Delivery and return of samples:
In this case, special sales, delivery and payment terms and conditions will be announced by Oetscher. Please ask for our sample information sheet.

12. Custom orders:
Custom-made products and goods with a company logo cannot be accepted for return. Cancellation of such orders can only be accepted if the Purchaser covers the costs already incurred.

13. Retention of title:
All goods shall remain the property of the Seller until payment (including any arrears) has been received in full. Goods that have already been paid for and remain with the Purchaser serve as the Seller’s security for any outstanding amount. The Purchaser may sell the goods only in the ordinary and proper course of business; the goods shall not be pledged to third parties or assigned as security.

14. Delivery:
Free shipping to any destination in Austria and Germany on orders of at least €300,- without VAT (packaged, uninsured).

15. Intellectual property rights:
If the Seller is sued by a third party for the use of logos, samples etc. provided by the Purchaser, the Purchaser shall indemnify the Seller against all claims and damages.

16. Anti-assignment clauses:
Anti-assignment clauses and all other provisions pertaining to the assignment of claims that are included in the Purchaser’s ‘General Terms and Conditions of Business’ are void.

17. Severability clause:
If any provision of these GTC or this order becomes invalid or unenforceable under applicable law, it shall automatically be substituted by a valid and enforceable one, achieving as nearly as possible the originally intended effect. If a provision is invalid or unenforceable under a certain national jurisdiction, the provision shall be amended only for this jurisdiction. The GTC in the other jurisdictions shall remain unchanged.

18. Applicable law:
This contract shall be governed by Austrian law.

19. Place of fulfilment and jurisdiction:
3300 Amstetten, Austria.

20. Bank details:
Volksbank Niederösterreich AG, BLZ 47150, Konto Nr. 30028880100
IBAN: AT404715030028880100, BIC: VBOEATWWNOM
HypoVereinsbank Muenchen, sort code: 70020270, account number: 15292006, IBAN: DE48 7002 0270 0015 2920 06, BIC: HYVEDEMM
Ötscher Berufskleidung Götzl GmbH ist seit 1947 einer der führenden Anbieter von Arbeitsbekleidung, Arbeitsschutzbekleidung, Imagekleidung und Corporate Wear.