Terms and Conditions
1. Scope
These General Terms and Conditions apply to all business relations between NEXA GmbH, Apfelgasse 6, 1040 Vienna, Austria (hereinafter “Seller”) and the customer (hereinafter “Buyer”). Deviating terms of the Buyer shall not be recognised unless the Seller expressly agrees to their validity in writing.
2. Offers and Contract Formation
Offers by the Seller are non-binding. A contract is formed only upon written order confirmation by the Seller or upon delivery of the goods. Oral ancillary agreements require written confirmation to be valid.
3. Prices and Payment
All prices are in euros, net, plus statutory VAT, ex warehouse of the Seller. Unless otherwise agreed, invoices are due for payment within 30 days of the invoice date without deduction.
4. Delivery and Shipping
Delivery dates are only binding if expressly confirmed as binding by the Seller. Partial deliveries are permitted. Risk passes to the Buyer upon handover of the goods to the freight forwarder, carrier or other transport agent.
5. Retention of Title
The delivered goods remain the property of the Seller until all claims arising from the business relationship have been paid in full. The Buyer is obliged to treat the reserved goods with care and to insure them at their own expense against fire, water and theft.
6. Warranty and Liability
The statutory warranty provisions pursuant to §§ 922 ff ABGB apply. Defects must be reported in writing without delay upon discovery. Liability of the Seller for slight negligence is excluded, unless personal injury is involved.
7. Force Majeure
Events of force majeure that make performance substantially more difficult or impossible for the Seller entitle the Seller to postpone delivery for the duration of the impediment plus a reasonable start-up period.
8. Jurisdiction and Applicable Law
Austrian law applies exclusively, excluding the UN Sales Convention (CISG). The place of jurisdiction for all disputes is the court with subject-matter jurisdiction in Vienna.
9. Severability
Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
As of: March 2026.