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GENERAL TERMS AND CONDITIONS

Kormann Rockster Recycler GmbH

PREAMBLE 1.1. The present General Conditions of Business shall apply, save as varied by express agreement accepted in writing by both parties. 1.2. The following provisions concerning the delivery of goods shall also apply correspondingly to the performance of services. 1.3. For erection and assembly work the pertinent special terms of the Association of Austrian Machinery and Steel Construction Industries shall be applicable in supplement of these general conditions.

2. CONCLUSION OF CONTRACT 2.1. The contract shall be deemed to have been entered into when the Vendor, upon receipt of an order, has sent a written acceptance of order. 2.2. Modifications of and amendments to a contract shall only be valid if confirmed in writing by the Vendor. Purchasing conditions of the Purchaser shall only be binding upon the Vendor where such purchasing conditions have been separately accepted in writing by the Vendor. Oral undertakings of the Vendor shall only be binding if subsequently confirmed in writing. 2.3. The Vendor's offers shall be valid without engagement. The Vendor reserves the right of prior sale. 2.4. In cases where import or export licenses, currency authorizations or similar permits are required for the performance of a contract, the party responsible for obtaining such permits shall be obliged to undertake all reasonable efforts so as to obtain the required licenses or permits in due time. 2.5. A cancellation fee amounting to 10 % (ten percent) of the purchase price shall, without prejudice to any claim for damages exceeding such amount, be charged, should the Purchaser terminate a contract without good cause.

3. PLANS AND DOCUMENTS 3.1. Data concerning weights, dimensions, measures, capacities, performance ratings, terms of delivery, prices, and the like indicated in catalogues, leaflets, circulars, advertisements, illustrated matter, price lists, etc. shall not be binding save to the extent that they are expressly referred to in the acceptance of order. 3.2. Drawings, sketches, plans and other technical documentation as well as catalogues, samples, leaflets, illustrated matter and the like shall in any case remain the property of the Vendor. They may not, without the owner’s express consent, be utilized, disseminated, reproduced, published, distributed or displayed.

4. PACKAGING Save as otherwise agreed, prices shall not include packaging. Where the common type of packaging is provided so as to prevent transport damage under normal transport conditions during the shipment of the goods to the agreed place of destination, such packaging shall be at the cost of the Purchaser and returnable only if expressly agreed in a written form.

5. PASSING OF RISK 5.1. The moment when the risk passes shall be determined as follows: a. On a sale "ex works", the risk shall pass from the Vendor to the Purchaser when the goods have been placed at the disposal of the Purchaser, provided that the Vendor gives to the Purchaser notice of the date on and after which the Purchaser may take delivery of the goods. The notice of the Vendor must be given in sufficient time to allow the Purchaser to take such measures as are normally necessary for this purpose. b. On a sale “F.O.B.“, the risk shall pass from the Vendor to the Purchaser when the goods have effectively passed the ship's rail at the agreed port of shipment. 5.2. Where no indication is given in the contract of the form of sale, all goods shall be deemed to be sold "ex works". 5.3. The Vendor shall only be obliged to affect insurance where and to the extent that such insurance cover has been agreed in writing. 5.4. In all other respects, the INCOTERMS valid at the date of conclusion of the respective contract shall apply. 

6. PERIOD OF DELIVERY 6.1. Save as otherwise agreed, the period of delivery shall commence at the latest of a. the date of the acceptance of order; b. the date of fulfilment of all technical, commercial and financial preconditions on the part of the Purchaser; c. the date of the receipt by the Vendor of such payment in advance of delivery as is stipulated in the contract and/or the date of opening of a letter of credit, if any, required for the transaction in question. 6.2. The Vendor shall be entitled to make partial and advance deliveries. 6.3. Should a delay in delivery be caused by circumstances affecting the Vendor that discharge the Vendor from responsibility as indicated in Art. 10, the Vendor shall be granted a reasonable period of grace for delivery. 6.4. In the event of a delay in delivery caused by fault on the part of the Vendor, the Purchaser shall be entitled to demand specific performance or to terminate the contract after previously granting a reasonable period of grace. In the case of custom-made products, the fact that the Vendor may not be able to use unfinished products for other purposes shall be taken into account when  determining the length of the period of grace. 6.5. In the event that performance has, due to a fault on the part of the Vendor, not been rendered during the period of grace granted according to Art. 6.4, the Purchaser shall be entitled to terminate the contract, by notice in writing to the Vendor, in respect of all undelivered goods that cannot be properly used. In this case, the Purchaser shall be entitled to recover any payment which he has made in respect of undelivered goods or goods that cannot be properly used and, to the extent that the delay in delivery was caused by serious default on the part of the Vendor, to recover any expenses properly incurred in performing the contract and up to the date of termination. The Purchaser shall return to the Vendor products that although delivered cannot be properly used. 6.6. Any claims of the Purchaser against the Vendor exceeding the scope indicated in Art. 6 shall be excluded in the case of delay caused by the Vendor. 6.7. Where the Purchaser does not take the goods at the place and time provided for by the contract for any reason other than an act or omission of the Vendor, the Vendor shall be entitled to either demand specific performance or terminate the contract after granting the Purchaser a period of grace to take the goods. In such a case, once the goods have been appropriated to the contract, the Vendor may arrange for their storage at the risk and cost of the Purchaser. The Vendor shall further be entitled to recover any expenses properly incurred in performing the contract and not covered by payments received.

7. PRICES 7.1. Save as otherwise agreed, prices shall be ex Vendor's factory and do not include packaging and loading. Where delivery including shipment is agreed, prices shall not include unloading of the goods and further transport to their place of use. 7.2. In the case of contracts concluded with prices left open, the purchase price valid at the date of delivery shall be charged. 7.3. Prices are valid 30days, unless otherwise agreed

8. PAYMENT 8.1. Payment shall be made in the manner and at the time or times agreed by the parties in a Dealer Agreement. Other terms of payment as deemed necessary from time to time are permissible only as arranged and agreed to in writing by both parties. Down Payments have to be made, unless otherwise agreed, on receipt of order confirmation. 8.2. The Purchaser shall not be entitled to retain payments for reasons of warranty claims or other counterclaims not recognized by the Vendor. 8.3. Where the Purchaser delays in making any agreed payment or performing any other obligation, the Vendor shall be entitled to either insist on specific performance and a. postpone the fulfilment of his own obligations until such payment is made or such other duty is performed; b. demand a reasonable extension of the delivery period; c. declare the entire open balance of the purchase price immediately due; d. in so far as the purchaser is not able to claim any grounds of release as provided for in Clause 10, recover interest on arrears at the rate of 8% over and above the bank rate charged at that time by the Austrian National Bank, such interest to be charged from the time fixed for payment. The Vendor reserves the right to recover a higher interest on overdue accounts as compensation for loss occasioned by delay. Additionally, the Vendor shall be entitled to recover all frustrated expenses incurred in performing the contract. e) or, after granting a reasonable period of grace, terminate the contract. 8.4. Should the purchaser after the period of grace specified in Clause 8.3. fail to make payment or to meet any other obligation, the vendor shall be entitled to terminate the contract by giving notice in writing. On being asked to do so by the vendor, the purchaser must return to the vendor any goods that have already been delivered and reimburse the latter for the depreciation of the goods in addition to defraying all expenses properly incurred by the vendor in the performance of the contract. As regards goods which have not yet been delivered, the vendor shall be entitled to place the finished or unfinished parts, as the case may be, at the disposal of the purchaser and debit the purchaser's account with the corresponding share of the selling price. 8.5. The Vendor retains legal title to the goods until full performance of the Purchaser's obligations. The purchaser is obligated to comply with all required formalities conducive to ensuring the retention of legal title by the vendor in case of attachment, seizure or other distraint, the purchaser is under obligation to file the vendor's retention of title to ownership of the goods and to notify him of same without delay. 8.6. Claims of the vendor against the purchaser other than those mentioned in Claus 8, arising from the latter's default are not admissible.

9. AUXILIARY MATERIALS Auxiliary materials, if any, required for handover, commissioning or subsequent services, if any, shall be provided by the Purchaser free of cost.

10. WARRANTY AND LIABILITY 10.1. Warranty shall be limited to new equipment and subject to full compliance of the Purchaser with the terms of payment and fulfilment of the maintenance instructions included in the Operating and Maintenance Manual by authorized persons or licensed dealers. 10.2. The warranty period shall be the shorter of 12 months from the date of commissioning or 1000 operating hours and expire in any case 18 months after the date of delivery. Unless otherwise established through a valid certificate of commissioning, the date of commissioning shall be the date of the invoice. 10.3. The warranty period shall not be extended upon correction of defects or upon transfer of the warranty. 10.3.1 The warranty expires upon use of non original Rockster spare and ware parts. 10.4. The purchaser can only avail himself of his rights under this Clause if he notifies the vendor in writing and without delay of any defects that have become apparent. Each warranty service or each payment of damages shall be excluded where defects in goods delivered are not communicated to the Vendor immediately upon receipt and/or where defects are not immediately and within the applicable period of time communicated to the Vendor as soon as such defects are identified or where the delivered products were modified in any way whatsoever by persons not authorized to do so by the Vendor or where products were subjected to improper handling in any other way. On receipt of such notification, the vendor, if the defect is one which, under the provision of this Clause, is to be remedied by him, shall at his own option; a) repair the defective goods in suit or b) have the defective goods or parts returned to him for repair; or c) replace the defective goods; or d) replace the defective parts. The repair or replacement of any defects does not result in an extension of the guarantee period. In case of repair work to be carried out by the seller, it is mandatory that the buyer transports the machine to a workshop suitable for the repair, where there also the required lifting devices have to be provided. It is also mandatory that the buyer ensures unrestricted access to the workshop for employees of the seller carrying out the repair work. 10.5. Where the vendor has defective goods or parts returned to him for replacement or repair, the purchaser shall, unless otherwise agreed, bear the cost and risk of carriage. Unless otherwise agreed, the return to the purchaser of goods or parts sent by way of replacement or of repaired goods or parts shall take place at the cost and risk of the vendor. 10.6. The vendor shall not be under any obligation to defray the cost of repairs carried out by the purchaser himself or undertaken by him unless the vendor has consented to do so in writing. 10.7. The liability of the vendor shall apply only to defects that become manifest under operating conditions as stipulated in the contract and in the course of normal use. In particular his liability does not extend to defects arising from faulty installation carried out by the purchaser or the latter's agent, poor  maintenance, faulty repairs or alterations, or those made without the written consent of the vendor by persons other than the vendor or his agent, nor is he liable for normal deterioration. 10.8. For those parts of the goods which he himself has obtained from sub suppliers, the vendor shall only be liable to the extent of the guarantees granted him by the sub suppliers. Where goods are made to order by the vendor in accordance with models supplied by the purchaser, the liability of the vendor does not extend to the correctness of the design but to its execution in accordance with the instructions of the purchaser. In such cases the purchaser is fully responsible to the vendor for all damages or claims that may result from any infringement of patent rights. The vendor assumes no warranty liability in accepting repair orders or orders for alterations and modifications of goods that are not new or have not been manufactured by the vendor. 10.9. From the commencement of the guarantee period the vendor assumes no further liability, save as provided for in this Clause, nor shall be liable even in respect of defects due to causes existing prior to the passing of the risk. 10.10. It is expressly agreed that the purchaser shall have no claims on the vendor in respect of personal injury or of damage to goods that are not subject of the contract, for any other damage and for loss of profit except to the extent provided for by the applicable legislation in the case of proven intent or gross negligence on the part of the Vendor. 10.11. The warranty is only transferable provided the object of warranty is inspected and serviced by authorized persons or licensed dealers at the time of transfer or sale, in compliance with the maintenance instructions included in the Operating and Maintenance Manual. Transfer of the warranty does not extend the warranty period as stated herein. The warranty remains subject to all applicable terms and conditions.

11. RELIEFS 11.1. The following shall be deemed grounds of relief if they intervene after the formation of the contract and impede its performance: industrial disputes and all other circumstances that are beyond the control of the parties, e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, general shortage of materials and restrictions in the use of power. 11.2. The effects of the said circumstances with respect to the obligations of the contracting parties are defined in Clauses 6, 8, and 9.

12. VENUE, APPLICABLE LAW 12.1. Disputes arising out of or in connection with the contract shall be under the jurisdiction of the Austrian court of law (Linz/Danube) having original jurisdiction over the headquarters of the vendor. The vendor may also appeal, however, to another court of law having jurisdiction over the purchaser. 12.2. Contracts shall, in addition to the Vendor's General Conditions of Delivery, be exclusively governed by the non-unified law of Austria. Application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. 12.3. The parties can also agree as to the competency of a court of arbitration. 12.4. The place of performance of delivery and payment shall be the domicile of the Vendor. This also applies to transactions where goods are, according to the relevant contract, handed over at a different location. 

Responsible for the content (according to § 5 E-Commerce Law):

Kormann Rockster Recycler GmbH
Wirtschaftszeile West 2
4482 Ennsdorf
Austria

Tel. No: +43 7223 81000
Fax No: +43 7223 81000-329

E-Mail: office@rockster.at
Web: www.rockster.at

Company registration: FN246375t, LG St.Pölten
VAT No: ATU57797511
EORI No: ATE051000001824

Shareholder: Wolfgang Kormann, Dipl. Ing. Norbert Feichtinger
CEO: Wolfgang Kormann
Statutory officer: Dipl. Ing. Norbert Feichtinger

Bank Details: Raiffeisenbank Perg
Bankstelle Mauthausen
Account No: 3856333
BLZ.: 34777
IBAN €: AT903477700003856333
IBAN US$: AT373477700103856333
BIC: RZOOAT2L777

Content and purpose of the website
Information about the company, as well as products, promotions and interesting facts about the company's object.

Copyright, disclaimer
The author is not liable for any incorrect information on the homepage. All information is provided without warranty. The contents of this website may only be used by others with the prior consent of the author. All rights reserved.

Disclaimer
Despite the utmost care in the selection and presentation, no liability for any errors can be assumed. For the contents of all links that lead to pages outside www.rockster.at, no liability is assumed and the information contained therein is the responsibility of the respective service provider. We accept no responsibility for and do not endorse, the content of these websites.
The protection of your privacy is very important to us. In the following we inform you about how we have implemented the protection of your data on our website: 

General

The use of the website is basically possible for you, without registering as a user. No software or hardware techniques are used to collect personally identifiable information about the user's e-mail address or other data. Personal data are only collected if they are given to us expressly. Your data will always be kept confidential and will only be used for the purpose for which you have given us. You have the right, upon request, to obtain information about the personal data stored about you free of charge. In addition, you have a right to correct, block and delete these data in accordance with us. This website contains links to other websites or social media sites. If you click on a link that leads to other websites of third parties, please note that these websites have their own privacy policy. Please check their privacy policy when using these websites.

Use of cookies

The website, email traffic, online services, advertising and interactive applications may use "cookies" to optimize our services.

What is a "cookie"?

A "cookie" is a sequence of text characters which we transmit to the computer's hard drive via our web server to the cookie file of the browser. This will allow our site to recognize you when a connection is made between our web server and your browser. The main purpose of a cookie is to recognize visitors to the site, so that our web server can present you with a more personalized content, more tailored to your needs.

Two types of cookies are used on this website:

Session Cookies: These are temporary cookies that remain in the cookie file of your browser until you leave our website. These cookies are necessary for certain applications or features of the website to be properly executed.
Persistent cookies: We can use persistent cookies for better usability (for example, to provide optimal navigation). These are cookies that stay in the cookie file of your browser for a longer period of time. This period depends on the settings of your Internet browser. Persistent cookies allow you to submit information to a web server each time you visit the site. Persistent cookies are also known as tracking cookies. If you want to learn more about cookies, there are many publications available on this topic. See for example: http://www.allaboutcookies.org

 

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Google will in no case associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, please be aware that in this case you may not be able to fully use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Facebook

The social network Facebook is operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA. The plugin of Facebook is recognizable by one of the Facebook logos. If you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the share button will be sent by Facebook directly to your browser and integrated into the website. This gives Facebook the information that you have accessed the corresponding page of our website. If you are logged in to Facebook, Facebook can assign the visit to our page to your Facebook account. If you press the "LIKE" button, the corresponding information will be transmitted from your browser directly to Facebook and saved there. It can not be ruled out that your visit to our website by Facebook will be recorded, even if you do not click on the plugins. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and settings options for the protection of your privacy, please refer to the privacy policy of Facebook at http://www.facebook.com/policy.php.
If you are a member of Facebook and do not want them to collect data about you via our website and link them with your member data stored there, you must log out of the user account of Facebook before visiting our website.

Youtube

This website contains at least one plugin from Youtube. It is a plug-in from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States. If you click on the YouTube Share button, your browser will establish a direct connection with Google's servers. The content of the share button will be sent by Google directly to your browser and integrated into the website. This gives Google the information that you have accessed the corresponding page of our website. If you're logged in to Google, Google may associate your visit to our page with your Google Account. The purpose and scope of the data collection and the further processing and use of the data by Google, as well as your rights and settings options for the protection of your privacy can be found in the Google Privacy Policy at http://www.google.com/intl/de/policies/privacy/ 

 

LinkedIn

On this website you find a plugin of the social network LinkedIn. This is a plugin from LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. You can recognize LinkedIn's plugins by the appropriate logo or the "Recommend" button. When you visit our website, the plugin builds a connection between your Internet browser and the LinkedIn server. LinkedIn is informed that our website has been visited with your IP address. If you click on LinkedIn's "Recommend Button" and at the same time you are logged into your LinkedIn account, you have the option of linking content from our website to your Profile page on LinkedIn Profile. LinkedIn can thereby associate your visit to our website with your user account. For more details on collecting the data and your legal options, as well as setting options, visit http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv 
 

Newsletter

To receive our newsletter, we need your e-mail address. In this case, we will first send you an e-mail with a confirmation link, which you must click to verify your e-mail address and to confirm that you wish to receive our newsletter. You can terminate the subscription to the newsletter at any time. This requires clicking on the "unsubscribe link" attached to each newsletter e-mail sent. Your email address will only be used by us and will not be shared with third parties.

Changes to the privacy policy

We reserve the right to adapt this privacy policy to the current legal situation. We encourage you to read this Privacy Policy regularly to stay informed about the privacy of the information we collect. By continuing to use these websites or by maintaining an upright business relationship, you agree to be bound by this privacy policy and its up-to-dateness.

Contact

If you have any questions or comments on the subject of "Privacy", you can send us your inquiries and suggestions via the contact form. Go to the Contact Form

Terms of Use

Please read the legal notices, terms of use and the disclaimer carefully before sending your registration to us or using this website. By accessing this website, you agree to the following terms:

1. Ownership

This website is owned and operated by Kormann Rockster Recycler GmbH, hereinafter referred to as Rockster. It has been set up to inform, educate and communicate with you.
The website and all components thereof, including but not limited to text, images, video and sound files, are the intellectual property of Rockster and have been copyrighted, patented, and / or trademarked by this company.

2. Usage restrictions

This website may only be used by authorized persons. You may not copy, reproduce, publish, distribute, transmit or otherwise modify any part of this site without the express written consent of Rockster.

3. Copyright

All names, logos, patents, copyrights, marks and marks are the property of Rockster. You may not use these materials without the express written consent of Rockster.

4. Ideas submitted unsolicited

Rockster welcomes your comments and will be happy to answer your questions about our services and our company. We also welcome responses to our website, but Rockster reserves the right, in its sole discretion, to use or disclaim any ideas, materials or suggestions that Rockrose owns upon its submission to Rockster and, in its sole discretion, may be used, in whole or in part, by Rockster can be. If you submit ideas, materials or suggestions, you will not receive any compensation. It also creates in no way a contractual relationship.

5. Confidentiality and use of your address data

Except as provided in any written agreement between Rockster and some separately designated users, all communications through this Site and electronic mail ("e-mail" stating the username) sent to Rockster are not confidential and Rockster can not All addresses and other materials (including, but not limited to, unsolicited ideas, suggestions, or materials) that you email or otherwise send to the Site or to Rockster are and will remain sole responsibility and Rockson's exclusive property and may be used by Rockster for any purpose whatsoever, whether commercial or otherwise, without compensation to the party sending it in. Rockster has taken precautions to protect this site, but in no way guarantees the security or confidentiality d data and materials transmitted over the Internet. You also agree to be solely responsible for transmitting your accurate, current and complete personal information as requested in the online forms. You further agree to keep this information accurate, current and complete.

6. Usage

By using this website you declare your agreement with the above terms of use and agree that you are responsible and liable for all activities and use by you. You further agree not to reverse engineer, hack or spoil any portion of this site, nor to block, interfere or otherwise alter it. Violations will be prosecuted. Rockster will, in its sole discretion, take all reasonable legal action and procedures in the event of a breach of this provision. You also agree not to share usernames or passwords with others. This is expressly prohibited unless explicitly authorized by Rockster. You are solely responsible for the security of your password.

7. Exclusion of warranty; limitations of liability

Rockster makes no warranty, representation or warranty as to the accuracy, reliability, confidentiality (except as otherwise provided in written agreements) or completeness of the content (text and / or images) of this website. To the extent permitted by law, Rockster excludes all warranties, express or implied. In addition, Rockster makes no guarantee that this website or the server that makes it available will work properly or that the website will be uninterrupted and free of defects. These include in particular computer "viruses", "worms", "bugs", "timebombs" and similar problems and / or defects. Rockster shall not be liable for any damages, including but not limited to direct or indirect damages, indemnities, including penalties, reimbursement of expenses, lost profits, lost sales and / or consequential damages arising out of your access or inability to access the Website, or your use of or reliance on this website or the content of this website. In addition, Rockster is not obligated to update this website or its content and Rockster is not liable for any deficiency arising from the update of this information. Rockster is also not responsible or liable for the use of any other websites that you access through links from this website. These links or other "resources" appearing on the Site are offered as an additional service to Internet users only, and their appearance on Rockster's website does not imply Rockster's affiliation with, or affiliation with, Rockster. Exclusions of warranty and liability shall not apply if the cause of the damage is due to intent or gross negligence or personal injury, nor shall it apply in the absence of any properties expressly warranted , typically limited damage.


8. Reservation of rights

Rockster reserves the right, in its sole discretion, to take or not to take any action permitted by law, including but not limited to:
(1) changing these Terms of Use,
(2) the monitoring and deletion of electronic mail, and / or
(3) removing this website from the Internet with or without notifying users at any time. Should any provision or condition of these Terms of Use be unlawful, void or outright
is not legally enforceable for any other reason, the validity and enforceability of the remaining provisions shall not be affected in any way.

These Terms of Use constitute all statements made by Rockster regarding this matter. Further use of the Website includes the knowledge and acceptance of the current Terms of Use, which can be viewed on the Website.

IF YOU DO NOT AGREE TO THE CONTENT OF THESE TERMS OF USE, YOU ACCEPT AND / OR DO NOT USE THIS WEB SITE.

Social Media

Contact

Wirtschaftszeile West 2
A-4482 Ennsdorf

Tel: +43(7223)81000
Fax: +43(7223)81000-329

E-Mail: office@rockster.at