General Terms and Conditions of Nordfels GmbH (GTC)
Valid from 21 January 2026
1. Validity
1.1 These General Terms and Conditions shall apply between Nordfels GmbH and natural persons as well as legal entities (hereinafter referred to as the Customer) for the present company-related legal transaction as well as for all future transactions, even if no express reference is made to them in individual cases, in particular with regard to future supplementary or follow-up orders.
1.2 The version of these GTC valid at the time of conclusion of the contract shall apply and is available on the website www.nordfels.com/gtc.
1.3 The Customer’s terms and conditions or any amendments or supplements to these GTC shall require the express written consent of Nordfels GmbH in order to be valid.
1.4 The Customer’s terms and conditions shall not be recognized even if Nordfels does not expressly object to them upon receipt.
2. Prices
2.1 Prices shall not be deemed all-inclusive prices.
2.2 For services ordered by the Customer that are not covered by the original order, Nordfels shall be entitled to reasonable remuneration in the absence of an agreed contract price.
2.3 Prices are quoted exclusive of statutory value-added tax and ex warehouse (EXW). Packaging, transport, loading and shipping costs as well as customs duties and insurance shall be borne by the Customer. Nordfels shall only be obliged to take back packaging if this has been expressly agreed.
2.4 The Customer shall arrange for the professional and environmentally sound disposal of old materials. If Nordfels is separately commissioned to do so, the Customer shall additionally remunerate such services at the agreed rate or, in the absence of an agreement, at a reasonable rate.
2.5 Costs for travel, daily allowances and overnight expenses shall be charged separately in accordance with Nordfels’ current rates. Travel time shall be deemed working time.
3. Goods Provided by the Customer
3.1 If equipment or other materials are provided by the Customer, Nordfels shall be entitled to charge a handling surcharge of 15% of the value of the provided equipment or materials.
3.2 Equipment and materials provided by the Customer shall not be subject to warranty. The Customer shall be solely responsible for the quality and operational readiness of such items.
4. Payment
4.1 Unless otherwise agreed, half of the remuneration shall be due upon order confirmation and the remaining half upon notification of readiness for shipment.
4.2 Any entitlement to a cash discount shall require an express written agreement.
4.3 Payment allocations specified by the Customer on transfer documents shall not be binding for Nordfels.
4.4 If the Customer is in default of payment under other contractual relationships with Nordfels, Nordfels shall be entitled to suspend performance of its obligations under this contract until the Customer has fulfilled its payment obligations.
4.5 In such case, Nordfels shall also be entitled to declare all claims for services already rendered under the ongoing business relationship immediately due and payable.
4.6 In the event of any delay in payment, even with respect to a partial service, any granted discounts or rebates shall lapse and be added to the invoice.
4.7 In the event of default, the Customer shall reimburse Nordfels for all necessary and reasonable costs incurred for collection, including reminder fees, collection agency fees and legal costs.
4.8 In accordance with Section 456 of the Austrian Commercial Code (UGB), Nordfels shall be entitled to charge default interest at a rate of 6.0 percentage points above the base interest rate in the event of culpable default.
4.9 The assertion of further claims for damages caused by delay shall remain reserved.
4.10 The Customer shall only be entitled to set-off if counterclaims have been legally established or expressly acknowledged by Nordfels.
5. Credit Check
5.1 The Customer expressly consents to the transmission of its data exclusively for creditor protection purposes to the creditor protection associations AKV, ÖVC, ISA and KSV.
6. Customer’s Obligations to Cooperate
6.1 Nordfels’ obligation to perform shall commence at the earliest once all technical details have been clarified, all technical and legal prerequisites have been fulfilled, agreed advance payments or securities have been received, and the Customer has complied with all contractual cooperation obligations.
6.2 In the case of assembly work performed by Nordfels, the Customer shall ensure that work can commence immediately upon arrival of Nordfels’ assembly personnel.
6.3 The Customer shall obtain all necessary permits from third parties and authorities at its own expense.
6.4 The Customer shall provide at its own expense all energy and water required for performance and test operation.
6.5 The Customer shall provide, free of charge, lockable rooms inaccessible to third parties for the storage of tools and materials during performance.
6.6 The Customer warrants that all necessary structural, technical and legal prerequisites for the work or purchase item are met.
6.7 The Customer further warrants that its technical installations are in proper working order and compatible with the goods supplied.
6.8 Nordfels shall be entitled, but not obliged, to inspect such installations against separate remuneration.
6.9 Prior to commencement of installation work, the Customer shall provide all information regarding concealed lines, escape routes, structural obstacles, potential hazards and required static data upon request.
6.10 The Customer shall bear sole responsibility for the design and functionality of provided components; Nordfels shall have no inspection obligation beyond statutory certification requirements, and liability in this respect is excluded.
6.11 Assignment of rights or claims arising from the contractual relationship shall require Nordfels’ prior written consent.
7. Performance Execution
7.1 Nordfels shall only be obliged to consider subsequent changes requested by the Customer if they are technically necessary to achieve the contractual purpose.
7.2 Minor, objectively justified changes that are reasonable for the Customer shall be deemed approved in advance.
7.3 Any changes or additions to the order after placement shall extend delivery and performance deadlines appropriately.
7.4 Accelerated performance requested after contract conclusion constitutes a contract amendment and may result in additional costs and an appropriate increase in remuneration.
8. Delivery and Performance Deadlines
8.1 Delivery and performance deadlines shall only be binding if agreed in writing.
8.2 Deadlines shall be extended in the event of force majeure, pandemic, strike or other unforeseeable events beyond Nordfels’ control.
8.3 Delays attributable to the Customer shall extend deadlines accordingly.
8.4 Withdrawal due to delay requires written notice granting a reasonable grace period.
9. Default of Acceptance
9.1 If the Customer is in default of acceptance for more than six weeks, Nordfels may dispose of specified materials elsewhere, provided replacement is possible.
9.2 In the event of justified withdrawal, Nordfels may claim liquidated damages amounting to 20% of the gross order value.
9.3 The assertion of higher damages shall remain permissible.
10. Retention of Title
10.1 All goods delivered shall remain the property of Nordfels until full payment has been made.
10.2 Resale shall only be permitted with prior consent, in which case the purchase price claim shall be deemed assigned.
10.3 The Customer shall mark the assignment accordingly and provide all necessary documentation upon request.
10.4 In the event of default, Nordfels may reclaim the retained goods.
10.5 Insolvency or seizure shall be reported immediately.
10.6 Nordfels shall be entitled to access the location of retained goods.
10.7 Legal enforcement costs shall be borne by the Customer.
10.8 Enforcement of retention of title shall only constitute withdrawal if expressly declared.
10.9 Repossessed goods may be sold at best possible terms.
10.10 The goods may not be pledged or encumbered prior to full payment.
11. Third-Party Property Rights
11.1 Where goods are manufactured based on Customer specifications, the Customer warrants freedom from third-party rights.
11.2 Nordfels may suspend production pending clarification of such rights.
11.3 The Customer shall indemnify and hold Nordfels harmless.
11.4 Nordfels may claim reimbursement of necessary expenses.
11.5 Nordfels shall inform the Customer of known conflicting rights.
11.6 Liability shall only apply in case of breach of this duty to inform.
12. Our Intellectual Property
12.1 All delivery items, documents and software remain the intellectual property of Nordfels.
12.2 Any use or disclosure requires express consent.
12.3 The Customer undertakes to maintain confidentiality.
13. Warranty
13.1 The warranty period shall be one year from delivery.
13.2 Delivery shall be deemed effected upon notification of readiness for delivery.
13.3 Interventions by third parties exclude warranty and liability.
13.4 Additional warranty costs due to relocation shall be borne by the Customer.
13.5 Failure to attend handover shall constitute acceptance.
13.6 Rectification does not constitute acknowledgment of defects.
13.7 The Customer bears the burden of proof.
13.8 Access for inspection shall be granted.
13.9 Defects must be reported within ten working days.
13.10 Unjustified defect claims require reimbursement of costs.
13.11 Use that aggravates damage must cease immediately.
13.12 Investigation costs shall be borne by the Customer if no defect is found.
13.13 Transport and travel costs shall be borne by the Customer.
13.14 At least two attempts at rectification shall be granted.
13.15 Withdrawal may be avoided by rectification or price reduction.
13.16 Warranty applies only to proper execution where manufactured to Customer specifications.
13.17 No defect exists where suitability is impaired due to Customer’s failure to cooperate.
13.18 No defect exists in case of incompatible Customer installations.
14. Liability
14.1 Liability for financial loss shall exist only in cases of intent or gross negligence.
14.2 Liability is limited to the coverage of Nordfels’ liability insurance.
14.3 This limitation also applies to entrusted items.
14.4 Claims must be asserted within two years.
14.5 Liability limitations apply to employees and agents.
14.6 No liability exists for improper handling or maintenance.
14.7 Insurance benefits shall take precedence over claims against Nordfels.
14.8 The Customer shall maintain product liability insurance and indemnify Nordfels.
14.9 Nordfels shall not be liable for indirect or consequential damages.
14.10 Nordfels assumes no liability towards third parties.
15. Severability Clause
15.1 Invalid provisions shall not affect the validity of remaining provisions.
15.2 A replacement provision reflecting the intended economic purpose shall apply.
16. General Information
16.1 Austrian law shall apply.
16.2 The UN Convention on Contracts for the International Sale of Goods is excluded.
16.3 Place of performance shall be the registered office of Nordfels GmbH.
16.4 The exclusive place of jurisdiction shall be the court with local jurisdiction for the registered office of Nordfels.
16.5 Any changes to Customer details shall be notified in writing without delay.
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