General Terms and Conditions

‍I. General – Terms and Conditions Available on www.bio-oil.biz

‍For all present and future deliveries and services, the following General Terms and Conditions (GTC) apply unless otherwise agreed in writing.
Changes to the GTC shall apply from the date of their implementation.
Unless otherwise regulated in these GTC, statutory provisions apply.
Deviating, conflicting, or supplementary GTC of the contractual partner shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
By placing an order, but at the latest by accepting the goods following a valid contract, the contractual partner acknowledges these conditions.

II. Samples

Samples and specimens provided before contract conclusion are non-binding reference samples.
Any analysis data, even regarding maximum and minimum values, are to be considered approximate unless specific characteristics are expressly guaranteed.

III. Prices – Delivery Terms Are Net Prices (Excluding VAT)

1. Unless otherwise agreed, prices refer to the specified unit (liters or tons) and delivery condition as net prices (excluding VAT).
2. Special requests by the buyer are not included in offer prices unless explicitly agreed and must be separately compensated.
Trade terms like FOB, FCA, DDU, etc., are interpreted according to the currently valid INCOTERMS.

IV. Delivery – Immediate Acceptance Unless Otherwise Agreed

1. Deliveries occur at contractually agreed and confirmed prices and conditions, plus VAT.
In the case of delayed delivery deadlines, the buyer must set a reasonable grace period of 6 weeks before withdrawing from the contract.
Further claims are excluded. Partial deliveries are permissible and may not be rejected by the buyer.
2. Quantities
The weight or volume determined at the supplying plant or warehouse is binding.
3. Transport Media (STZ/KWG)
Transport vehicles must be clean and certified with a cleaning certificate upon collection.
Without a cleaning certificate, loading under FCA/EXW terms is the buyer's responsibility.
Quality issues and consequential damages resulting from contaminated transport media are not the liability of Bio Oil.
4. Biodiesel Deliveries
The buyer is responsible for the technical condition of tanks and measuring devices.
Damages from defective tanks or contamination are the buyer’s liability.
5. Immediate Acceptance
Goods must be taken in full quantity promptly.
In case of default, Bio Oil is entitled to withdraw from the contract without a grace period.
The buyer must ensure necessary connections and supervise the acceptance.

V. Notice of Defects – Within 3 Days, Unmixed Storage, Specified Retention Samples

The buyer must inspect the goods immediately.
Defects must be reported in writing within 3 days before any use or resale, accompanied by two retention samples of at least two liters each.
In case of justified complaints, the buyer and seller will agree on appropriate compensation.
Bio Oil is only liable for damages caused by gross negligence or intent; liability for indirect or consequential damages is excluded.

VI. Force Majeure
‍
1. Events like floods, fires, strikes, or supply chain disruptions beyond Bio Oil's control entitle Bio Oil to suspend or terminate deliveries.
If delivery or acceptance is delayed by more than 8 weeks, both parties may withdraw from the contract without claims for damages.
2. Self-Supply Clause
Contracts are concluded under the condition of correct and timely supply by Bio Oil's suppliers.
3. Mitigation Efforts
Both parties will inform each other immediately of obstacles and strive to minimize impacts.

VII. Containers

1. Rail Tank Cars
Must be unloaded within 72 hours; otherwise, demurrage is charged.
Buyers are liable for damage during possession.
2. Road Tankers
Must be unloaded immediately; delays over 3 hours incur demurrage costs.
3. Loaned Containers
Must be returned at the buyer’s expense in good condition. Losses or damages must be compensated.

VIII. Payment – Immediately Upon Receipt of Invoice Unless Otherwise Agreed

1. Payments are due immediately upon invoice receipt unless otherwise agreed in writing.
2. Bio Oil reserves the right to adjust payment terms according to credit insurance coverage.
3. Checks and bills of exchange are accepted only as fulfillment upon final credit.
4. Offsetting is only permitted with recognized or legally established claims.
5. In case of late payment, Bio Oil charges default interest 8% above the Austrian National Bank’s base rate.
6. Bio Oil reserves the right to withdraw from the contract in case of default or insolvency.
7. Future deliveries may require advance payment if payment delays occur.
8. Joint purchasers (e.g., partners, co-owners) are jointly and severally liable.

IX. Retention of Title

1. Delivered goods remain property of Bio Oil until full payment is received.
2. Claims arising from resale by the buyer are assigned to Bio Oil.
3. If processed or mixed, Bio Oil retains a proportional co-ownership share.
4. In the event of resale, the buyer assigns their claims to Bio Oil up to the amount of outstanding debts.
5. The buyer must safeguard the reserved property free of charge.
6. Pledging or transferring reserved goods without consent is prohibited.

X. Duty to Inform

The buyer must immediately inform Bio Oil in writing of any problems or delays in acceptance.

XI. Loyalty ClauseI

f unforeseen economic or legal circumstances make the contract unreasonably burdensome for one party, adjustments will be negotiated fairly.
If no agreement is reached within 30 days, the requesting party may withdraw from the contract within another 30 days.

XII. Jurisdiction

These GTC are subject to Austrian law.
Exclusive jurisdiction is with the competent court in Vienna, unless otherwise agreed.
For customers with a registered office outside Austria, all disputes are settled by arbitration under the Vienna Rules of the International Arbitration Court of the Austrian Economic Chamber.
The arbitration language is German.
Both parties waive the right to contest the agreement on grounds of changed circumstances.