Terms of service

1. Scope:

1.1 These General Terms and Conditions (“GTC”) of ALF-Italy, Niederstätter Alfred (“Seller”) apply to all current and future contracts (including contract negotiations) regarding the sale of the Seller’s products.

1.2 Terms and conditions of the buyer or third parties shall not apply, even if the buyer explicitly refers to them and the seller does not expressly object. They are always deemed rejected by these GTC.

2. Conclusion of contract:

2.1 All information provided by the Seller regarding products and prices (e.g., in any order forms prepared by the Seller) are non-binding and subject to change. They represent merely an invitation for the buyer to submit an offer by placing an order (“Order”).

2.2 A binding purchase contract (“Contract”) is only concluded when the Seller (a) expressly accepts the order in writing or (b) commences performance (e.g., by sending an invoice) and thus tacitly accepts the order.

3. Prices and payment:

3.1 Prices are quoted in Euro plus applicable VAT and, if applicable, shipping costs according to clause 4.2. If special VAT regulations apply (e.g., reverse charge mechanism), the buyer must provide all legally required information and documents fully and timely. Otherwise, the buyer shall indemnify the Seller against any third-party claims (e.g., tax authorities) and damages (e.g., legal costs).

3.2 If the agreed prices are based on the Seller’s price lists and delivery occurs more than three months after contract conclusion, the price lists valid at the time of delivery apply (less any agreed discounts).

3.3 Payment must be made in full and in advance via bank transfer upon receipt of invoice, unless otherwise agreed. Orders will only be processed after receipt of payment. Place of payment is the Seller’s registered office.

3.4 If the buyer fails to pay on time or in full, the Seller may (a) suspend performance and (b) demand payment within 8 days with a declaration that the contract will be terminated automatically if payment is not made within this period. Further statutory claims (e.g., for default interest) remain unaffected.

3.5 The buyer may not raise objections aimed at delaying or avoiding timely payment.

4. Delivery:

4.1 Delivery deadlines or dates stated by the Seller are approximate unless expressly agreed as fixed. They are never considered essential unless expressly confirmed as such.

4.2 Delivery takes place by collection at the Seller’s specified location. Products will only be shipped if explicitly agreed in writing. Risk of loss or damage passes to the buyer upon handover to the first carrier. Shipping costs are borne by the buyer and may be charged together with the products or separately.

4.3 The Seller will inform the buyer as soon as delivery is possible. The buyer is obliged to accept delivery promptly. Partial deliveries are permitted.

5. Warranty and liability:

5.1 The Seller warrants that the sold products are free from defects that make them unsuitable for their intended use or significantly reduce their value, subject to the modifications in this clause 5.

5.2 Products must be inspected promptly and carefully for defects upon delivery. If transport is required, inspection may be postponed until arrival at the destination.

5.3 The buyer forfeits warranty rights if obvious defects are not reported in writing within 8 business days after delivery (or after arrival at the destination if transport is involved), and hidden defects within 8 business days after discovery. Defects must be described adequately and documented by photos and videos so that the Seller can assess and initiate remedial action remotely.

5.4 If defects are attributable to the Seller, the Seller has the right and obligation to remedy the defects free of charge by repair or replacement or to reduce the purchase price accordingly.

5.5 The Seller’s liability for damages arising from the contract (including defects) is limited to intent and gross negligence, except for liability which cannot be contractually excluded.

6. Force majeure:

6.1 The Seller is not liable for failure to perform any obligation if the failure results from circumstances beyond its reasonable control, which it could not have foreseen or avoided at contract conclusion.

6.2 If non-performance is caused by a third party used by the Seller, the Seller is exempt if (a) it would be exempt under clause 6.1 and (b) the third party itself would be exempt under clause 6.1 if applicable.

6.3 The exemption applies for the duration of the impediment. If it lasts longer than three months, either party may withdraw from the contract.

7. Governing law and jurisdiction:

7.1 These GTC and contracts between Seller and Buyer are governed by the laws of the Republic of Italy, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980.

7.2 Exclusive jurisdiction for all disputes arising from or relating to these GTC and the contract is Bolzano (BZ), Italy.

Last updated: May 7, 2025