General information
The following terms and conditions of purchase shall apply exclusively to all orders placed by AGES GmbH as the purchaser. Should the content of AGES’s General Terms and Conditions of Purchase differ from the contractual partner’s terms and conditions, the former shall only be binding on AGES if AGES has accepted them in writing.
Order processing
The supplier must confirm acceptance of the order in writing within two working days of receipt at the latest. Any deviating or delayed confirmation of the order shall be deemed a new offer and requires the express written acceptance of AGES. If no confirmation or response is received within 2 working days, we shall consider the order to have been accepted in full. Orders placed verbally are invalid unless a written order is expressly submitted.
Delivery time and delay
The agreed delivery dates are binding. Should the Supplier be unable to deliver the order at the agreed time, to the agreed location and in perfect condition, they must notify the Customer in writing without delay, stating the reasons and the expected duration of the delay. Should the delay be unreasonably long, not notified, or occur for no valid reason, AGES GmbH shall be entitled to withdraw from the contract after setting a grace period of 5 days.
However, should AGES GmbH have specified a fixed delivery date within the meaning of a fixed-date transaction, the contract shall be deemed not to have been concluded in the event of a delay, without the need for a separate withdrawal.
In the event of a delay, the Supplier undertakes to pay a contractual penalty amounting to 10% of the value of the delivery or service. This payment shall not release the Supplier from their obligation to perform or from the obligation to compensate AGES GmbH for any further damage incurred.
The Supplier is furthermore obliged to compensate AGES GmbH for all direct and indirect damages resulting from the delay, unless the Supplier is not responsible for the delay.
Deliveries deviating from the delivery date and place of delivery are only permissible by mutual agreement. This also applies to partial deliveries, unless they have been expressly agreed.
The Supplier shall fully indemnify and hold AGES GmbH harmless against any damages. Early delivery shall not affect the payment terms linked to the agreed delivery dates.
Notification
Immediately upon dispatch, the supplier is obliged to draw up a single copy of the dispatch note, separate from the consignment itself, and to send it to AGES GmbH.
The dispatch notes shall contain the following details:
order number, name of the purchaser, quantity or number of items, weight, dimensions and precise descriptions of the items (including any drawing and standard numbers).
Delivery terms and handover
A packing list/delivery note detailing the contents must be enclosed with the consignment. Unless otherwise agreed, the goods shall be collected at the place of performance specified in the order. If no such place is specified, the goods shall be collected at the head office of AGES GmbH, Spargelfeldstraße 191, 1220 Vienna.
Goods are accepted for collection only from Monday to Thursday between 07:00 and 14:00 and on Friday between 07:00 and 12:00, or by special arrangement.
Confirmations of receipt of goods or invoices that have already been settled do not constitute conclusive approval or a declaration that the delivery has been performed correctly.
In the context of the delivery of dangerous goods or substances, the Supplier undertakes to comply with the statutory regulations.
Prices, Invoicing & Payment
The agreed order prices are fixed prices and include delivery to AGES GmbH, including packaging.
Subsequent price increases shall only be recognised if they have been confirmed in writing by AGES GmbH.
If prices are set in a foreign currency and, after the order has been placed, the agreed currency unit appreciates by more than 3% against the euro, we are entitled either to cancel the order or to reduce the price accordingly.
The Supplier shall deliver the products or provide the services at the prices specified in the order placed by AGES GmbH.
All prices stated in the order are exclusive of the applicable value added tax, any other turnover taxes and/or public levies. These must be shown separately and itemised on each invoice.
The Supplier shall not charge AGES GmbH prices higher than the most favourable prices granted to its other customers in a comparable position.
Invoices must include the order number and all other information necessary to enable AGES GmbH to verify that the delivery has been made correctly.
Unless otherwise agreed in writing, payment shall be made following acceptance and receipt of a verifiable invoice by AGES GmbH in accordance with the terms of payment specified in the order.
Unless otherwise stated in the order, payments shall be made within 30 days with a 3% discount, or otherwise within 45 days net of the date of receipt of the invoice. The period shall commence at the earliest upon receipt of the valid invoice. However, the period shall not commence before the receipt and acceptance of the goods or services.
Warranty
The Supplier guarantees that the delivery is free from defects, in particular that the materials, design and workmanship are faultless. In the event of a defective delivery or service, regardless of the severity and remediability of the defect, AGES GmbH reserves the right to demand a replacement delivery, rescission, free rectification of the defect or a reasonable price reduction.
Defects must be reported to the supplier in writing.
The warranty period is at least 2 years for movable goods and at least 3 years for immovable goods, starting from the date of full delivery or performance.
If the Supplier is unwilling or unable to fulfil their warranty obligations within a reasonable period, AGES GmbH may carry out the rectification or have it carried out at the Supplier’s expense.
This does not affect the right to claim damages.
If AGES GmbH is held liable for a breach of official safety regulations or domestic or foreign product liability regulations due to a defect attributable to the supplier’s goods or services, AGES GmbH shall be entitled to claim compensation from the supplier.
Warranty
Unless otherwise agreed, the Supplier guarantees, in addition to the warranty, compliance with all relevant laws and Ö-Norm standards for a period of two years from the date of acceptance. Payment by AGES, whether partial or final, shall in no way affect the guarantees given.
In particular, a payment already made shall not be deemed confirmation of final acceptance. Our right to make a complaint therefore remains in full force.
The Supplier further guarantees that the goods or services supplied comply with the latest state of the art in science and technology as well as relevant national and international standards.
Third-party intellectual property rights
The Supplier warrants that the manufacture, processing, use or resale of the goods or services supplied by them does not infringe any third-party industrial property rights or copyright.
In the event of such an infringement, the Supplier shall fully indemnify AGES GmbH against all claims for compensation by third parties.
AGES GmbH shall also be entitled to acquire the right of use/licence from the rights holder at the Supplier’s expense.
Confidentiality
The Supplier must treat as confidential all information regarding the operational activities of AGES GmbH that comes to their knowledge in connection with the award or performance of the contract, and must keep such information confidential even after the business relationship has ended.
Jurisdiction and applicable law; final provisions
In the event of disputes, the District Court for the Inner City of Vienna or the Vienna Commercial Court shall have exclusive jurisdiction in district court proceedings, and the Vienna Regional Court for Civil Matters or the Vienna Commercial Court shall have exclusive jurisdiction in proceedings before the Supreme Court. Austrian law shall apply exclusively, excluding any reference to foreign law.
Should any part of these General Terms and Conditions of Purchase be invalid – for whatever reason – this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the objective or purpose intended by both contracting parties.
Last updated: 28.05.2026
automatically translated