terms and conditions
ARO Fluid and Tool Technology GmbH Stand 2026
1. Scope
Sales and deliveries by ARO Fluid und Tooltechnik GmbH (hereinafter referred to as "the Company") are made exclusively in accordance with the following General Terms and Conditions (hereinafter referred to as "GTC"), which the buyer accepts by placing an order or accepting delivery. We only accept the buyer's terms and conditions of purchase insofar as they do not deviate from our contractual terms and conditions, even if the former contain provisions to the contrary. Any legal invalidity of individual provisions of these contractual terms and conditions shall not affect the legal validity of the remaining provisions.
2. Conclusion of contract
2.1 Orders shall only be deemed accepted once they have been confirmed by us in writing. Until then, our offer shall be considered non-binding. Any ancillary agreements, additions, or amendments made by telephone, electronically, or verbally shall also require our written confirmation in order to be valid.
2.2 For prices not expressly designated as fixed in our offers and order confirmations, we reserve the right to adjust prices accordingly if, after conclusion of the contract and before delivery, the cost factors (materials, personnel costs, energy such as general charges, tariff and transport costs, etc.) change significantly. We are not bound to adhere to previous prices for follow-up orders.
3. Prices, terms of payment
3.1 If the parties have not agreed on a specific price, the price shall be determined in accordance with the company's price list valid at the time of conclusion of the contract.
3.2 All prices quoted by the Company are ex works (INCOTERMS 2000), excluding applicable value-added tax and excluding costs for special packaging, insurance fees, foreign taxes or fees, and other charges applicable to the export or import of the goods. All such costs will be invoiced separately.
3.3 The available payment methods will be displayed to the buyer during the ordering process. There is no entitlement to a specific payment method.
3.4 Private customers (B2C) can only complete orders using the online payment methods offered at checkout. Purchase on account is not available to private customers.
3.5 Business customers (B2B), institutions, and public institutions may also use the "purchase on account" payment method, subject to review. Selecting this payment method does not constitute a claim to its approval.
3.6 The Company reserves the right to check the buyer's creditworthiness before or after conclusion of the contract and to request appropriate evidence for this purpose, in particular a current extract from the commercial register, a valid VAT identification number, and proof of authority to represent the company.
3.7 The company is entitled to change the originally selected payment method at its own discretion, particularly in the case of first-time orders, incomplete information, or negative credit checks, and to specify a different payment method (e.g., prepayment) instead.
3.8 Unless expressly agreed otherwise in writing, invoices issued by the Company are due for payment within 14 days net from the invoice date. For existing customers, the individually agreed payment terms apply.
3.9 Bills of exchange and checks shall only be accepted upon special written agreement and free of costs and expenses for the company.
3.10 Payments shall only be deemed to have been made when the invoice amount in the currency stated on the invoice has been received by the Company.
3.11 If the buyer is in default of payment, the company is entitled to charge default interest at a rate of 4 (four) percentage points above the base rate of the Austrian National Bank per annum. The assertion of further damages caused by default remains unaffected.
3.12 The Company shall be entitled to make outstanding deliveries only against advance payment or security if, after conclusion of the contract, circumstances become known which give rise to doubts about the Buyer's solvency. If advance payments or security are not provided within a reasonable period of time, the Company shall be entitled to withdraw from the contract in whole or in part.
4. Delivery times and dates
4.1 Delivery dates and delivery periods shall only be binding if they have been confirmed in writing by the Company and the Buyer has provided the Company with all information and documentation necessary for the execution of the delivery in good time and the Buyer has made any agreed down payment in accordance with the agreement. The delivery periods agreed between the parties shall commence on the date of the order confirmation; in the event of additional or extended orders placed at a later date, the delivery periods shall be extended accordingly.
4.2 Unforeseeable, unavoidable events beyond the Company's control and for which the Company is not responsible, such as force majeure, war and natural disasters, riots, delays in obtaining official approvals, labor disputes, rejection of an important workpiece or breach of the buyer's obligations to cooperate shall release the company from its obligation to deliver or perform on time for the duration of such events. Agreed deadlines shall be extended by the duration of the disruption and the buyer shall be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than two months, each party shall be entitled to withdraw from the contract.
4.3 With regard to delivery items that the company does not manufacture itself, clause 4.2 shall apply accordingly to events affecting the supplier.
4.4 If deliveries by the Company are delayed, the Buyer shall only be entitled to withdraw from the contract if the Company is responsible for the delay and a reasonable grace period set by the Buyer for delivery has expired without success.
4.5 If the buyer defaults on acceptance or violates other obligations to cooperate, the company shall be entitled, without prejudice to its other rights, to store the delivery items appropriately at the buyer's risk and expense.
4.6 A fixed-date transaction shall only exist if it is expressly designated as such by the Company in writing.
5. Shipping
5.1 Unless the buyer specifies otherwise, the company shall determine the mode of transport, including any storage space that may be required, in accordance with the shipping conditions applicable at the time of delivery or during delivery. At the buyer's request, the company shall arrange sea freight space, take out sea transport insurance (including the usual door-to-door insurance cover) and insurance against war risks, and commission freight forwarding services. All fees and costs incurred in this connection shall be borne by the buyer.
5.2 Shipping is always at the expense of the buyer. If shipping is delayed because the buyer pays late or not in full, or provides shipping instructions late, the buyer shall bear the storage costs starting from the time the company notifies the buyer that the goods are ready for delivery. If the goods are stored at the company's premises, the fee shall be no less than 0.5 percent of the invoiced price for each month of storage.
5.3 Partial deliveries are permitted and payment for them is due in accordance with the provisions of these General Terms and Conditions as soon as the goods have been shipped and the invoices have been issued.
5.4 The buyer must notify us of any claims due to incorrect delivery immediately upon receipt of the goods.
6. Transfer of risk
6.1 The risk shall pass to the buyer at the company's loading ramp, even in the case of partial deliveries. If acceptance takes place at the company's factory, this shall be decisive for the transfer of risk. The buyer may not refuse acceptance in the event of a minor defect.
6.2 The Company accepts no liability whatsoever for the transport of the goods to the Buyer, even if the transport or shipping costs are to be paid by the Company.
6.3 If shipment is delayed due to circumstances beyond the Company's control, the risk shall pass to the Buyer from the date on which the goods are ready for shipment.
7. Packaging In the absence of other express agreements expressly acknowledged by us in writing, we shall select the packaging at our discretion. It shall be charged at cost price and shall not be taken back.
8. Specifications
8.1 Upon transfer of risk, the delivery item shall have the agreed quality; this shall be determined exclusively by the specific agreements made in writing between the parties regarding the properties, features, and performance characteristics of the delivery item.
8.2 Unless expressly provided otherwise, the Company's specifications in relation to the goods are subject to change by the Company during the course of their manufacture without notice to the Buyer. The Company reserves the right to make changes in design and other alterations whenever the Company considers that such changes will improve its goods, but is not obliged to do so.
8.3 Information in sales catalogs, price lists, and other informational literature provided by the company, as well as other product descriptions, do not constitute a guarantee of a particular quality or an agreement regarding the specific quality of the delivered item.
9 Liability for defects, obligation to inspect
9.1 Unless otherwise agreed, the Company warrants that the goods are free from defects attributable to non-compliant workmanship, unsuitable materials, or poor workmanship. In order to maintain its warranty claims, the buyer is obliged to inspect the goods immediately after delivery and to notify the company of any defects in writing and without delay, at the latest two weeks after delivery. Hidden defects must be reported to the Company in writing immediately after their discovery. If the buyer fails to provide this written notification, all claims for these defects are excluded.
9.2 In the event of a complaint, the Company shall be entitled to inspect and examine the goods complained about. The Buyer shall grant the Company the necessary time and opportunity to do so. At the Company's request, the Buyer shall be obliged to return the delivery item complained about to the Company at the Company's expense.
9.3 If the delivered item has a defect covered by warranty, the Company shall be entitled, at its own discretion, to remedy the defect free of charge for the Buyer or to deliver a replacement item free of defects.
9.4 The buyer shall give the company the necessary time and opportunity to remedy the defect or deliver a replacement. Only after immediately informing the company of the appropriate action to be taken shall the buyer be entitled to remedy the defect itself or have it remedied by a third party and to demand compensation from the company for its necessary expenses in emergencies where the safety of handling is endangered or in order to avert disproportionately greater damage, or if the company is in default with the remedy of the defect.
9.5 Parts replaced by the Company shall be returned to the Company upon request and shall become the property of the Company.
9.6 The Company shall not be liable for damage caused by unsuitable or improper use, in particular by failure to observe the operating instructions, incorrect commissioning, incorrect handling or incorrect installation by the Buyer, or by unsuitable accessories or spare parts, or unsuitable repair measures, or by natural wear and tear, wear and tear or corrosion or operating materials that do not meet specifications or chemical or electrical influences, unless the Company is responsible for the damage.
9.7 The company shall bear the transport, travel, labor, and material costs incurred for the purpose of repair or replacement.
9.8 If the defect is not remedied or a replacement delivery is not made within the reasonable period set by the buyer, or if it fails, is unreasonable for the buyer, or has been refused by the company, the buyer may, at its discretion, withdraw from the contract, reduce the purchase price appropriately, or demand compensation or reimbursement of its expenses.
9.9 The limitation period for claims for defects is twelve months from delivery. The statutory limitation period applies to claims for damages based on reasons other than defects in the delivered item or to the buyer's rights in relation to fraudulently concealed defects or defects caused intentionally, as well as to defects in buildings.
10. Damages Unless such claims for compensation by the buyer are already excluded by law or contract, we shall not be liable for any damages of any kind incurred by the buyer, unless such damages are attributable to intentional or grossly negligent conduct on our part, for which, however, the buyer shall bear the burden of proof.
11. Product liability and liability for nuclear damage
11.1 If the buyer sells the goods unchanged or after processing, transformation, or combination with other goods, it shall indemnify the company internally against product liability claims by third parties, insofar as it is responsible for the defect giving rise to the liability.
11.2 In the event that deliveries made by the Company are used in nuclear facilities, the following shall apply: The buyer shall indemnify the company and its suppliers against all claims by third parties arising from damage caused by a nuclear incident and shall not assert any claims against the company in the event of damage caused by a nuclear incident inside or outside a nuclear facility.
11.3 Acceptance and inspection If acceptance is mandatory or necessary for the delivered products, acceptance must take place at our premises or our factory immediately after notification of readiness for shipment. If the buyer fails to accept the goods, they shall be deemed to have been delivered in accordance with the terms and conditions upon leaving the factory. The costs of acceptance shall be borne by the buyer.
12. Ownership
12.1 The Company retains ownership of the delivered items until the Buyer has paid the Company or its legal successor (in the event of a transfer of claims from sales, all rights of the Company, including the right of ownership, are transferred to the legal successor) the purchase price and all associated costs (shipping costs, insurance fees, etc.) for the goods. If a lien, mortgage, or similar right has been specifically established for the goods sold, the above sentence shall apply with regard to ownership rights, with the exception of the transfer of the Company's rights to the legal successor.
12.2 The Company permits the goods to be resold by the Buyer in the ordinary course of business.
12.3 If the goods are resold or incorporated into another product, the Company's rights in the goods shall pass to the proceeds of sale of the goods or product, which shall be collected on behalf of the Company and paid to the Company immediately upon request.
12.4 Ownership of the goods sold by the Company shall only pass to the buyer once the Company has access to the amount.
12.5 The buyer shall store or mark the goods in such a way that they are clearly identifiable as the property of the company. The buyer shall ensure careful, proper, and secure storage as well as insurance at replacement value and, upon request, shall provide appropriate proof of insurance coverage. If the value of the securities exceeds our claims by more than 25%, we shall be obliged, at the buyer's request, to release securities of our choice in the amount of the excess value.
13. Electronic ordering system If the sale and delivery under this contract are processed using the company's electronic ordering system (the "System"), the following applies:
13.1 User passwords or other security measures may be required to use the system. The buyer shall treat their user password and other security measures, if any, as confidential and, in particular, shall not disclose them to third parties who are not authorized to access the system. The buyer shall be liable for any unauthorized access to the system by third parties.
13.2 All information that becomes available to the buyer through access to and use of the system is confidential information and may not be disclosed to unauthorized third parties.
13.3 Insofar as the data entered into the system by the buyer is personal data, such personal data will be processed and stored in accordance with the respective data protection regulations.
14. General provisions
14.1 Amendments or additions to this contract and/or these General Terms and Conditions, as well as any subsidiary agreements, must be made in writing. This also applies to any amendment to this written form requirement. The rights arising from this contract may only be transferred with the consent of the other party. The assignment of the company's payment claims for financing purposes is permitted.
14.2 If any provision of this contract and/or these General Terms and Conditions is wholly or partially invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall endeavor to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.
14.3 The buyer undertakes not to resell, export, or re-export the deliveries directly or indirectly to persons or countries insofar as this would not be in accordance with the export control regulations of the EU or other applicable export control regulations.
14.4 The Company is not bound by any provisions and is not obligated to comply with any regulations or provisions (whether from orders, offers, guarantees, or similar documents, or from regulations of any kind) if this would result in the Company or an affiliated company violating export regulations, tax regulations, or other regulations from the country of manufacture or the country to which the deliveries in question are to be exported or whose regulations apply to the deliveries in question.
14.5 The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Sankt Pölten. However, the company is entitled to sue the buyer at any other legal place of jurisdiction.
14.6 The law of the Republic of Austria shall apply, excluding conflict of law rules and, in particular, excluding the United Nations Convention on Contracts for the International Sale of Goods.
ARO Fluid and Tool Technology GmbH Stand 2026