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1. Scope
These General Terms and Conditions (GTC) apply to all deliveries, services, and offers provided by Mulackal Handel GesmbH, Laxenburger Straße 365, 1230 Vienna, Austria (hereinafter referred to as the “Supplier”).
Divergent terms and conditions of the customer shall only apply if explicitly agreed to in writing by the Supplier.
2. Offers & Conclusion of Contract
Offers from the Supplier are non-binding.
A contract is concluded only upon written order confirmation or delivery of goods.
3. Prices & Payment
The prices valid at the time of the order apply.
All prices are net, plus statutory VAT, unless otherwise stated.
Payments are due within 3 days of invoicing, unless otherwise agreed, without deduction.
4. Delivery & Transfer of Risk
Deliveries are made ex-warehouse of the Supplier.
The risk passes to the customer upon handover of the goods to the carrier.
5. Warranty
The statutory warranty provisions apply.
Apparent defects must be reported in writing within 48 hours of receipt of goods; hidden defects must be reported without delay upon discovery.
For frozen goods, the complaint period is limited to 24 hours after receipt of the goods.
6. Liability
The Supplier is liable for damages only in cases of intent, gross negligence, and in case of breach of guaranteed characteristics.
For slight negligence, the Supplier is liable only for breach of essential contractual obligations (cardinal duties), limited to the typical, foreseeable damage.
The Supplier’s liability is in any case limited to the amount of the contract sum. The Supplier shall not be liable for consequential damages, damages due to the non-performance of fixed-date transactions, or delayed delivery of goods.
7. Data Protection
The provisions of the EU General Data Protection Regulation (GDPR) and the company’s data protection policy apply.
8. Jurisdiction & Governing Law
For all disputes arising from this contractual relationship, the Vienna courts shall have exclusive jurisdiction, to the extent permitted by law. Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9. Final Provisions
No oral collateral agreements exist. Amendments and supplements must be in writing.
Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.