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Prices:
are in euros and are subject to change. Our prices are subject to change without engagement ex distribution warehouse.

Prices are based on currently valid price lists and costs. It is agreed upon that witasek may adapt prices at any time.

Minimum order:
40 € net. For orders below 40 €, an additional fee of 3 € is charged.

Orders:
Collective orders with a maximum of five invoice recipients and only one shipping address are accepted.

Delivery:
As a general rule, all products are shipped from the warehouse of witasek Pflanzenschutz GmbH (A-9560 Feldkirchen - this may be subject to change). Within Austria, products included in the section “Classic Plant Protection” are delivered carriage paid if invoice sum equals or exceeds 1,700 €. All Goods are shipped at the risk of the recipient. Payment shall be effected in advance or on delivery. We are committed to deliver your order as fast as possible. Exceedance of delivery time shall, however, not entitle to damages of any kind.

Transport:
The carrier (railway undertaking, shipper, post) shall be liable for transport. Additional costs arising from express deliveries shall be paid by the orderer. Unexpected occurrences can prolong delivery times agreed upon.

General:
Upon placing an order, the orderer accepts the General Terms and Conditions o witasek Pflanzenschutz GmbH. The orderer’s terms and conditions on purchase are not binding for witasek. Orders placed shall be binding for witasek only upon written confirmation by witasek. The purchaser of our products agrees to not reproduce or imitate these products in whatever way, or to distribute or sell such reproduced or imitated products.

Payment:
Payment of invoices shall be made in full without any deduction within 14 days of the date of invoice. Payment shall be regarded as effected on the date when witasek Pflanzenschutz GmbH can dispose of the payment. All discounts and bonuses are conditional on the invoice being paid in full on the due date. All costs incurred in connection with the recovery of outstanding amounts are invoiced. There shall be no retention of payments for defects, alleged damage claims or counterclaims of whatever kind or legal cause; set-off with such claims shall be excluded.

Retention of title:
Title to the goods delivered shall remain vested in the seller and shall not pass to purchaser until full payment has been effected. If goods subject to retention of title are re-sold all rights and claims resulting from the resale are hereby already assigned to us. The purchaser is liable for any damages arising from the failure to comply with this agreement.

Default interests:
In case of late payment, applicable default interests are charged from the day when payment is due.

Notice of defects:
Notice of defects must be given immediately after receipt of the goods. If the notice of defect is materially true, the customer is entitled to the exchange of the defective parts or the remedy of defects. Variation in material of up to 10% shall be tolerated. There is no quality guarantee on special orders. Further claims, e.g. damages, secondary damages or transport costs, are excluded. Our liability is restricted to the representations and warranties of our preliminary suppliers. Relevant instructions on safety and use are to be observed and shall be passed to customers and users, respectively. The orderer shall indemnify us and hold us harmless from and against all claims and actions and for and against all costs and expenses arising from the failure to fulfil these obligations.

Return of goods:
As a general rule, goods cannot be returned. This rule does not apply if otherwise agreed. In the latter case, a processing fee of 10% is charged and the customer has to pay the fright costs and give notice of our delivery note number within 14 days.
Products not included in our product range that were delivered on special order are expressly excluded from returns. Goods shipped abroad (outside Austria) cannot be returned. As a general rule, pheromones cannot be returned either (due to regulations on storage and quality).

Place of performance:
The place of performance of all our deliveries shall be the company seat Feldkirchen (Carinthia/Austria). The competent court in Feldkirchen shall have the exclusive jurisdiction over all claims and legal disputes arising from and in connection with the performance of the obligations and duties under this relationship.

Differing terms and conditions:
Agreements differing from the present General Terms and Conditions shall only be binding for us, if we expressly agree to them in writing, and such differing agreements shall only be relevant for the orders or business relations they were made for.
Differing terms and conditions of the recipient of the goods are not binding for witasek Pflanzenschutz GmbH.

Applicable law:
Only Austrian law, excluding any and all eventual rules on conflicts of laws, is applicable.