Terms and Conditions (T&C)

1. General

These Terms and Conditions form an integral part of all legal transactions concluded with NIROPLAN GmbH (hereinafter referred to as “NIROPLAN”) and apply exclusively to businesses and legal entities under public law.

NIROPLAN provides its services solely on the basis of the following terms. Any deviating terms of the customer shall only apply if they have been expressly confirmed in writing.

2. Offers and Contract Conclusion

All offers made by NIROPLAN are non-binding, including all data provided, prices, and fee agreements, and are subject to these Terms and Conditions. Technical changes, process modifications, production changes, and possible errors are reserved.

A contract shall only be concluded upon written confirmation of the order (order confirmation).

Price lists and verbal quotations are indicative only and non-binding.

The minimum order value is EUR 250 plus statutory VAT.

3. Scope of Services and Obligations of the Contractor

Any descriptions, drawings, or technical specifications provided by the client form the basis of the order and are binding. NIROPLAN is not obliged to verify such documents for completeness or accuracy.

The customer shall be liable for any damages resulting from incorrect or incomplete documentation.

NIROPLAN shall perform its services in accordance with generally accepted engineering standards and economic principles.

If changes become necessary due to incorrect documentation, any additional costs shall be borne by the client.

Subsequent changes to properly delivered services shall be subject to additional charges. Changes must be agreed separately.

In case of defects present at the time of risk transfer, NIROPLAN shall provide remedial action at its discretion, subject to timely notification of defects.

NIROPLAN may engage qualified subcontractors or sub-planners to fulfill contractual obligations. The client shall be informed in advance and may object within 10 days. This does not apply to minor subcontracted tasks (e.g. analyses).

4. Obligations of the Client

The client shall provide all necessary materials (samples, plans, documents, reports, etc.) free of charge and supply all relevant information required for contract fulfillment.

The client must also disclose all information that may affect safety or influence the results (e.g. material characteristics, sampling location).

If services are performed outside NIROPLAN’s premises, the client must grant access to the required locations.

The client must ensure that all objects are accessible for proper execution of services and must protect third-party rights.

All required permits and approvals must be obtained by the client at their own expense.

5. Delivery, Transfer of Risk, Insurance

All deliveries are ex works and at the client’s risk.

Risk transfers to the client upon handover to the carrier.

Shipments may be carried out via railway, ship, aircraft, freight carrier, or postal service.

Transport insurance shall only be arranged upon request and at the client’s expense.

Goods stored at NIROPLAN premises are not insured. NIROPLAN assumes no liability for theft, fire, or similar risks unless explicitly agreed.

Unless stated otherwise, the insured value per order is EUR 10,000. Liability is limited to this amount. Liability for consequential damages is excluded.

6. Pricing

All prices are stated in EURO unless otherwise specified.

Prices are net of VAT and are ex works, excluding transport and packaging costs.

Payment shall be made exclusively to the bank account specified in the invoice.

7. Performance Period and Delay

Delivery times begin only once all required documentation has been received.

Changes to the scope of services shall extend deadlines accordingly.

If acceptance is delayed by the client, any resulting additional costs shall be borne by the client.

Delivery deadlines are binding. NIROPLAN shall only be liable for delays in cases of gross negligence or intent.

If delivery is delayed by more than four weeks, the client may withdraw from the contract after granting a reasonable grace period, provided NIROPLAN is at fault.

8. Test Material

NIROPLAN is entitled to retain test materials for the duration of the warranty period. Samples are retained for a maximum of 3 months.

If samples are sent without instructions, they will be stored for 6 months and may then be disposed of or transferred into NIROPLAN’s ownership.

9. Quality Assurance, Warranty, Liability

Specified surface characteristics are general in nature and may vary. Only written guarantees are binding.

No liability is assumed for defects not detectable by standard quality control methods.

Visible defects must be reported within 14 days, hidden defects within 8 days of discovery.

In case of justified complaints, remedial action shall be provided.

Unauthorized modifications void all warranty claims.

Liability is limited to cases of intent or gross negligence.

The limitation period is 12 months from transfer of risk.

10. Payment Terms

Invoices are issued electronically. The client must ensure receipt of emails.

Payment term: 30 days net.

Discounts (cash discounts) require written agreement.

In case of late payment, statutory default interest shall apply.

Set-off is excluded.

11. Retention of Title, Documents, Confidentiality

Delivered goods and services remain the property of NIROPLAN until full payment has been made.

All documents remain the property of NIROPLAN and may not be disclosed without prior consent.

In case of violation, a contractual penalty equal to twice the appropriate fee shall apply.

Both parties are obliged to confidentiality.

12. Right of Withdrawal

In case of payment default or insolvency, NIROPLAN may demand the return of unused services or materials.

The client agrees to inclusion in NIROPLAN’s reference list but may object in writing.

13. Place of Performance, Jurisdiction, Applicable Law

Place of performance and jurisdiction: Waidhofen / Thaya, Austria

Applicable law: Austrian law exclusively