Scope of application
1.1 These Purchase Terms and Conditions shall apply between Nordfels GmbH and natural persons and legal entities (hereinafter referred to as the Supplier) 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 in the case of future supplementary or follow-up orders.
1.2 The current version of our EKBs at the time the contract is concluded shall apply.
1.3 The customer’s terms and conditions of business or amendments or supplements to our EKBs require our express written consent in order to be valid.
1.4 The customer’s terms and conditions shall not be recognized even if we do not expressly object to them upon receipt.
Offer & Prices
2.1 Following a request from Nordfels, the supplier is asked to provide Nordfels with a free quotation including the EKBs of Nordfels.
2.2 The supplier must adhere to the specifications of Nordfels in the offer and expressly point out any deviations.
2.3 All incidental costs for taxes, fees, duties, packaging, transport, license fees and any other costs must be expressly detailed in the offer.
2.4 No remuneration shall be granted for the preparation of offers or other project documents.
2.5 Prices are generally fixed prices. Unless otherwise agreed, all services up to the named place of receipt are included.
2.6 If, in exceptional cases, prices are not agreed in advance, the prices stated in the order confirmation shall be binding.
2.7 Any price increases must be notified to Nordfels in writing at least three months before they come into effect. In the case of current orders, price increases are only possible in justified cases and only with the written consent of Nordfels.
Order & Order Confirmation
3.1 The supplier receives a written order by post, by e-mail (in PDF format) or via other electronic portals or formats.
3.2 The order including its enclosures (drawings, technical specifications and other documents) supplements the EKBs and may regulate individual points differently.
3.3 If the supplier issues an order confirmation that deviates from the order, Nordfels shall only be bound by written confirmation of this deviating order confirmation.
Payment & Constructions / Tools
4.1 Unless otherwise agreed, payment shall be made within 60 working days of receipt of the invoice and receipt of the goods by Nordfels, depending on which event occurs later.
4.2 If payment is made within 30 working days, Nordfels shall be entitled to deduct a 3% discount.
4.3 Payment of the invoice does not mean that Nordfels has approved or accepted the goods, nor does it mean that Nordfels waives any claims under warranty and/or guarantee.
4.4 For any designs or tools developed by Nordfels, the results and/or tools shall become the unrestricted property of Nordfels and must be visibly marked accordingly by the supplier.
Performance & Quality
5.1 The delivery and performance of the goods shall be carried out in accordance with the applicable statutory provisions as described in the enclosures attached to the order.
5.2 The supplier is obliged to immediately inspect all specifications, drawings, technical data, descriptions and samples provided in the order and enclosures and to strictly comply with them when executing the order, and to notify Nordfels without delay of any discrepancies or defects identified.
5.3 If the specifications do not determine the quality of the goods, the supplier shall guarantee uniform product quality for current and future orders in accordance with the state of the art.
5.4 The supplier shall notify Nordfels in good time of any change in quality and submit samples at the same time; failure to do so entitles Nordfels to reject the goods and renders the supplier liable for all direct and indirect damages.
5.5 If special design drawings are required, these must be submitted for approval; subcontracting requires the prior written consent of Nordfels.
Delivery and Performance Deadlines, Delay in Delivery
6.1 In the absence of delivery agreements, delivery DDP in accordance with Incoterms 2020 at the registered office of Nordfels shall be deemed agreed.
6.2 The supplier shall expressly inform Nordfels and any commissioned carrier of special care required during unloading.
6.3 The supplier is solely responsible for obtaining export licenses and complying with all export, import, transit and control regulations.
6.4 Any delay in transport must be reported immediately and any resulting costs shall be borne by the supplier.
6.5 In the event of delay, Nordfels may charge a contractual penalty of 1% of the net order value per commenced calendar week, up to a maximum of 15%.
6.6 Further claims for damages remain unaffected; the contractual penalty shall be offset against proven damages.
6.7 If no place of delivery is specified, Maximilianstraße 2, A-4190 Bad Leonfelden, Austria, shall be deemed agreed.
6.8 The delivery date shall be the date of receipt at the place of receipt; delays attributable to the supplier entitle Nordfels to demand delivery with damages or to withdraw and claim damages for non-performance.
6.9 Acceptance of late delivery does not constitute a waiver of further claims.
6.10 Unless otherwise agreed, risk and benefit shall pass upon unloading and acceptance at the place of receipt.
6.11 Force majeure or disruptions at Nordfels release Nordfels from acceptance and damage obligations for the duration and extent of their effects.
6.12 The supplier is obliged to perform adequate quality inspections prior to shipment.
6.13 The supplier waives the right to invoke Section 377 UGB.
6.14 Proper loading and securing of the cargo is part of the supplier’s scope of delivery.
6.15 Packaging and shipping costs shall be borne by the supplier.
6.16 Delivery must be free of retention of title restrictions.
Default of Acceptance, Notice of Defects and Inspection
7.1 Quantities, weights and quality values determined during inspection shall be binding and defects shall be reported as identified.
7.2 The supplier waives any defense of late notification of defects and Nordfels is not obliged to accept unagreed partial or excess deliveries.
7.3 Upon notification, Nordfels shall grant a reasonable grace period for rectification or replacement.
7.4 If unsuccessful, Nordfels may remedy defects at the supplier’s expense or demand repayment and damages.
7.5 Defects may be notified within 60 working days; the warranty period is 36 months.
7.6 Defects discovered after installation may be asserted until limitation expires.
7.7 The supplier shall reimburse all costs associated with defect rectification.
7.8 Nordfels may initiate recall or replacement actions at the supplier’s expense.
7.9 Repairs or replacements may be required even after warranty expiry if safety is endangered.
7.10 The supplier shall compensate Nordfels for all damages arising from recall actions.
7.11 Nordfels may refuse acceptance and payment while defects persist.
7.12 The supplier must support repairs free of charge.
Our Intellectual Property
8.1 All documents and software provided or created by Nordfels remain its intellectual property.
8.2 Any use or disclosure requires express consent.
8.3 The supplier undertakes confidentiality obligations.
8.4 The supplier guarantees freedom from third-party intellectual property rights and indemnifies Nordfels.
8.5 Use of Nordfels trademarks requires express consent.
Secrecy
9.1 All order-related information must be treated confidentially.
9.2 Rights to specially developed products belong exclusively to Nordfels.
9.3 Confidentiality applies beyond contract completion.
Warranty
10.1 Goods must comply with state-of-the-art standards and safety expectations.
10.2 The supplier warrants defect-free development, materials and workmanship.
10.3 Liability applies equally to third-party components.
10.4 Required conformity certificates must be available.
10.5 Liability exclusions are not accepted without written consent.
10.6 Adequate insurance coverage must be maintained and proven.
Liability
11.1 Liability applies under the Product Liability Act.
11.2 Goods must meet product safety standards of destination countries.
11.3 Adequate insurance coverage must exist.
11.4 Nordfels is entitled to full indemnification.
11.5 Full recourse applies in case of third-party claims.
Data Storage
12.1 Consent is given for storage of contract-related data.
12.2 Personal data is processed solely for contract fulfillment.
12.3 No disclosure to uninvolved third parties.
12.4 Data protection laws shall be complied with.
Severability Clause
13.1 Invalid provisions do not affect the validity of remaining provisions.
13.2 A replacement provision shall reflect the intended economic outcome.
General Information
14.1 Austrian law shall apply.
14.2 The UN Convention on Contracts for the International Sale of Goods is excluded.
14.3 Place of performance is the registered office of Nordfels GmbH.
14.4 Place of jurisdiction is Landesgericht Linz.
14.5 Changes to company data must be notified in writing without delay.
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AGB Nordfels GmbH 
