Delivery, transfer of risk, delayed receipt

Delivery of goods shall take place with free loading according to “Factory / Ex Works” principles (pursuant to INCOTERMS 2010) by the Seller in Vienna.

The risk shall be transferred to the Purchaser when the goods are provided to them or to the appointed forwarder, if the Purchaser delays the receipt, from the readiness for shipment. It shall also concern situations when partial deliveries are implemented or the Seller transport the goods upon request of the Purchaser to the appointed destination.

The Purchaser or third parties appointed by them (e.g. a forwarder) shall order efficient loading and/or mounting of goods. The checking party shall not be liable for loading or mounting faults.

The goods which are not received on the established date of delivery or work shall be stored for a maximum period of 8 weeks at the risk and cost of the Purchaser. The Purchaser shall incur the charges for storage. Simultaneously, the Seller is entitled to request execution of the agreement or after determination of an additional term, withdraw from the agreement and use the goods for different purposes. In the case of such processing, a contractual penalty in the amount of 25.00 EUR per shipment plus 10% of the value of the goods (without VAT) shall apply.

In the case of consumer transactions – if the Seller sends the goods – the risk of loss or damage of the goods shall be transferred to the Purchaser only when the goods are delivered to the Purchaser or a third party appointed by them, other than a forwarder. If the Purchaser entered into a transport agreement without using the option suggested by the Seller, the risk shall be transferred on the forwarder upon handing over the goods. The Purchaser does not acquire the title to the goods with the transfer of the risk. The Seller reserves the title according to § 10 (retention of title) of these AVL until the goods are fully paid for.