Tyres
RimsPrices, payment conditions and delay in payment
The established prices shall be increased by VAT at the applicable statutory rate and according to “ Factory / Ex Works” (pursuant to INCOTERMS 2010) in Vienna unless otherwise clearly agreed.
Invoices of the Seller shall be paid for in advance from the issuance of a given invoice without any fees.
All receivables of the Seller shall be paid immediately if the Purchaser delays implementation of their liabilities in relations to the Seller. The same shall apply to the case of withholding a payment. In such cases, the Seller shall also withdraw from the agreement immediately.
In the case of delay in payment, the Seller is entitled to:
- in the case of transactions with companies: settle interest resulting from delay - § 456 UGB. Apart from that, the Seller has the right to claim damage exceeding the above specified amount separately.
- in the case of consumer transactions: according to the selection made, settle the actual damage suffered or statutory interest resulting from delay in the amount of 4% annually;
- claim the costs of reminders, debt collection and legal services, if they are required for law enforcement in accordance with the provisions. In the case of transactions with companies, it includes a lump sum in the amount of 40 EUR, regardless of the operating costs exceeding the amount (pursuant to § 1333 sec. 2 ABGB);
- in the case of delay in payment by the Purchaser from the day of delivering goods, request payment of interest;
- settle incoming payments, first for the costs of reminders, debt collection and legal services or other judicial actions, then for the interest, and finally with the capital.
In the case of delay in payment, the Seller is entitled to depend their further deliveries or works on advance payments or securities. They are entitled to request compensation in such cases due to failure to fulfil an obligation or withdraw from the agreement, without limiting compensation claims. In such a case, the received promissory notes can be returned and it is possible to request immediate payment in cash.
The Seller is entitled to account the incoming funds according to their needs in the case of several open receivables from the Purchaser.
The Purchaser shall not be entitled to settle claimed mutual receivables, also when they are removed due to faults, with receivables of the Seller or to refuse payment, unless it is legally confirmed by court. The ban on settlements and exclusions of the right to withhold payment shall not apply in the case of consumer transactions.
Only goods in good condition in closed packaging units will be received and paid for 90% of goods. Costs of receipt shall be settled separately.
- in the case of consumer transactions: according to the selection made, settle the actual damage suffered or statutory interest resulting from delay in the amount of 4% annually;
- claim the costs of reminders, debt collection and legal services, if they are required for law enforcement in accordance with the provisions. In the case of transactions with companies, it includes a lump sum in the amount of 40 EUR, regardless of the operating costs exceeding the amount (pursuant to § 1333 sec. 2 ABGB);
- in the case of delay in payment by the Purchaser from the day of delivering goods, request payment of interest;
- settle incoming payments, first for the costs of reminders, debt collection and legal services or other judicial actions, then for the interest, and finally with the capital.
In the case of delay in payment, the Seller is entitled to depend their further deliveries or works on advance payments or securities. They are entitled to request compensation in such cases due to failure to fulfil an obligation or withdraw from the agreement, without limiting compensation claims. In such a case, the received promissory notes can be returned and it is possible to request immediate payment in cash.
