Robert und Wolfgang OHG
General Terms and Conditions Angler Robert and Wolfgang OHG
§ 1
Scope
All deliveries, services and offers from us, Angler Robert und Wolfgang OHG – hereinafter also referred to as “the supplier” – are made exclusively on the basis of these terms and conditions.
We do not recognize any conflicting or deviating terms and conditions of the client/customer unless we have expressly acknowledged them in writing.
§ 2
General provisions
Any side agreements, changes, additions or other deviations from these terms and conditions are only valid if we, Angler Robert and Wolfgang OHG, have given our written consent.
Orders only become binding upon our order confirmation or its execution.
§ 3
Long-term and call-off contracts, price adjustment
Indefinite contracts can be terminated with six months' notice to the end of the month.
The client/customer is bound to their order until receipt of the order confirmation or execution, but for no longer than two months. The contract is considered concluded when the supplier confirms acceptance of the contract within this period or when the goods are accepted unconditionally upon delivery.
In the case of long-term contracts (contracts with a duration of more than 12 months and open-ended contracts), if a significant change in wage, material or energy costs occurs, each contracting party is entitled to a reasonable adjustment of the price, taking this into account.
Factors to demand.
Should the ordered quantities not be accepted by the client/customer within the agreed period (in the case of framework or call-off orders, within a maximum of 12 months from the date of order placement), the difference to the price per unit actually delivered must be paid.
For call-off contracts, unless otherwise agreed, the supplier must be notified of binding quantities at least four weeks before the delivery date by means of a binding call-off order. The supplier reserves the right to pre-produce parts (up to a maximum of the total quantity) at any time. No further action is required for this.
Technical changes are no longer possible. Additional costs caused by a delayed call-off or subsequent changes to the call-off regarding time or quantity by our client/customer will be borne by the client/customer; the supplier's calculation is decisive in this regard.
§ 4
Confidentiality
Each contracting party shall use all documents (including samples, models, drawings, and data) and knowledge obtained from the business relationship only for the jointly pursued purposes and shall treat them with the same care as it would its own corresponding documents and knowledge with respect to third parties, if the other contracting party designates them as confidential or has an obvious interest in their confidentiality. All documents created by us are our intellectual property and are protected by the intellectual property rights under DIN ISO 16016:2007. They may not be made accessible to third parties, particularly for tendering purposes, without our express permission.
If goods are manufactured and delivered in a design specifically prescribed by our contractual partner, the partner warrants that the design does not infringe upon the rights of third parties, in particular patents, utility models, other intellectual property rights, copyrights, and know-how. Should this nevertheless occur, the contractual partner shall indemnify us against all claims.
§ 5
Drawings and descriptions
If one contracting party provides the other with drawings or technical documents relating to the goods to be delivered or their manufacture, these remain the property of the providing contracting party. The same applies to all documents created or processed by us.
Intellectual property rights according to DIN ISO 16016:2007. In addition, the provisions of Section 4 of these General Terms and Conditions apply.
§ 6
Prices and payment terms
Our prices are net prices in EURO, plus statutory VAT. Packaging, freight, postage and insurance, as well as special services (e.g. customs duties and international transport), will be charged according to the effort involved.
The prices stated in the order confirmation are binding. They are ex-works and do not include packaging, freight, postage, insurance, assembly, or VAT.
Transport insurance is only provided upon request and at the expense of the client/customer.
Unless otherwise agreed, all invoices are due immediately and payable within 30 days of the invoice date.
§ 7
Delivery
Delivery is at the customer's risk even if, in exceptional cases, the supplier has agreed to bear the freight costs. If the supplier selects the shipping method, route, or carrier, they are only liable if they are grossly negligent in making that selection.
Delivery times and dates specified by the supplier are non-binding unless explicitly agreed upon as binding. Even bindingly agreed-upon dates are not fixed dates unless expressly designated as such.
The delivery time is determined by the agreements between the contracting parties. The supplier's adherence to this delivery time is contingent upon all commercial and technical issues between the contracting parties being resolved and the customer/purchaser having fulfilled all their obligations, such as providing the necessary official certificates or permits or making a down payment. If this is not the case, the delivery time will be extended accordingly. This does not apply if the supplier is responsible for the delay.
The supplier shall not be liable for delays in delivery or performance due to force majeure or events beyond its control and which significantly impede or render delivery or performance impossible, even if delivery dates and deadlines have been contractually agreed upon and even if the supplier is already in default of delivery. The delivery period shall be extended accordingly.
The client/customer can only withdraw from the contract or demand damages in lieu of performance if he has previously given the supplier a reasonable grace period with a threat of rejection.
If shipment is delayed for reasons attributable to the customer/purchaser, the customer/purchaser will be charged for the resulting storage costs after notification of readiness for shipment. In the case of storage at the supplier's premises, the charge will be at least 0.5% of the invoice amount attributable to the stored parts per month. The supplier is entitled to store the goods outside its premises as well.
If the supplier is in default and the client/customer incurs damages as a result, the customer is entitled to claim liquidated damages for delay. These amount to 0.5% for each full week of delay, but not exceeding 5% of the value of that part of the total delivery that cannot be used on time or in accordance with the contract due to the delay.
§ 8
Transfer of risk
The risk passes to the client/customer at the latest upon dispatch of the delivery parts from the factory, even if free delivery and installation have been agreed.
If shipment is delayed due to circumstances beyond the supplier's control, the risk passes to the customer/purchaser from the date of readiness for shipment.
Any discrepancies arising from the shipment must be reported to the supplier in writing immediately upon receipt of the goods.
Partial deliveries are permitted, provided they are reasonable for the client/customer.
We retain ownership of the delivered goods until all claims arising from the business relationship with the business partner/customer have been settled.
The return of the delivered item by the supplier does not constitute a withdrawal from the contract, unless the supplier has expressly declared this.
The customer/purchaser may neither sell, pledge, nor assign the delivered item as security. In the event of seizure, attachment, or other disposition by third parties, the customer must notify the supplier immediately.
§ 10
Warranty and notice of defects
We warrant proper manufacture of the goods delivered by us in accordance with the agreed technical delivery specifications. If we are required to deliver goods based on drawings, specifications, samples, etc. provided by our contracting partner/customer, the customer shall bear the risk of suitability for the intended purpose.
No warranty is provided for defects caused by unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, normal wear and tear, faulty or negligent handling, or environmental influences, nor for the consequences of improper modifications or repair work carried out without our consent by the customer or third parties.
Materials provided for processing must be free from substances that may interfere with surface treatment and must be technologically suitable for the intended processing. We assume no responsibility for dimensional accuracy, adhesion strength, color retention, corrosion resistance, or visual properties.
Supplied parts as well as other materials provided by the customer (e.g. data carriers, drawings, etc.) or by third parties engaged by the customer are not subject to any inspection obligation on our part. The customer is only entitled to return delivered goods if they are returned in their original packaging and we have given prior written consent. In the event of fault on the part of the customer (e.g. incorrect or duplicate orders), we are entitled to invoice the costs incurred under the contract.
The warranty period is 1 (one) year from provision or delivery. No warranty is provided for used goods.
For goods received for processing and/or repair, we only warrant the work performed by us. Obvious defects must be reported by the customer immediately upon receipt of the goods at the destination, but no later than within 2 (two) weeks of delivery. In the case of hidden defects, such defects must be reported in writing immediately upon discovery in order to preserve warranty claims. The customer is obliged to inspect the goods immediately upon delivery. Otherwise, the delivery shall be deemed approved.
Defective items must be kept available for inspection by us in the condition in which they were at the time the defect was discovered. Liability for normal wear and tear is excluded.
We must be given the opportunity to determine the reported defect. Upon request, defective goods must be returned to us immediately; we will bear the transport costs if the defect claim is justified. If the customer fails to comply with these obligations or makes changes to the goods without our consent, any warranty claims shall be void.
In the case of justified and timely notice of defects, we shall, at our discretion, either repair the defective goods or provide replacement goods free of defects. In the case of batch deliveries, the customer shall grant us the opportunity to sort out defective goods within a short period of time. A defect in a partial delivery does not entitle the customer to cancel the contract.
§ 11
Place of performance, place of jurisdiction, applicable law and competent court
The place of performance for delivery and payment is exclusively the supplier's registered office for both parties.
For all legal disputes arising from the contractual relationship, including those concerning its formation and validity, the place of jurisdiction for both merchants is the court with jurisdiction over the supplier's place of business, i.e., the Regional Court in I-39100 Bolzano. The supplier may, at its discretion, also bring an action at the customer's place of business.
This contractual relationship is governed by Italian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
§ 12
Force Majeure Clause
§ 1. Definition: "Force majeure" means the occurrence of an event or circumstance ("force majeure event") that prevents Angler Robert und Wolfgang OHG from fulfilling one or more of its contractual obligations under the contract, if and to the extent that Angler Robert und Wolfgang OHG proves that:
a) this obstacle is outside of her reasonable control;
b) it could not reasonably have been foreseen at the time the contract was concluded;
c) the effects of the obstacle could not have been avoided or overcome in a reasonable manner by Angler Robert and Wolfgang OHG.
§ 2. Non-performance by third parties: If Angler Robert und Wolfgang OHG fails to perform one or more of its contractual obligations due to a failure by a third party whom it has commissioned to perform part of the contract, Angler Robert und Wolfgang OHG may invoke force majeure insofar as the requirements for assuming the existence of force majeure, as defined in paragraph 1 of this clause, apply not only to Angler Robert und Wolfgang OHG but also to the third party.
§ 3. Presumed Force Majeure Events: Until proven otherwise, the following events concerning Angler Robert and Wolfgang OHG are presumed to meet the requirements for force majeure under Article 1, paragraphs (a) and (b). In this case, Angler Robert and Wolfgang OHG only needs to prove that the requirement under Article 1, paragraph (c) is actually met:
a) War (declared or undeclared), hostilities, attack, actions of foreign enemies, large-scale military mobilization;
b) Civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;
c) Currency and trade restrictions, embargo, sanctions;
d) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization;
e) Epidemic, pandemic, natural disaster or extreme natural event;
f) Explosion, fire, destruction of equipment, prolonged failure of means of transport, telecommunications and information systems or energy;
g) general labor unrest such as boycott, strike and lockout, go-slow, occupation of factories and buildings.
§ 4. Notification: Angler Robert and Wolfgang OHG must notify the buyer of the event immediately.
Section 5. Consequences of Force Majeure: Angler Robert and Wolfgang OHG is released from the obligation to fulfill its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract if it successfully invokes this clause. The release becomes effective from the date of notification.
Section 6. Temporary Impediment: If the effect of the claimed obstacle or event is temporary, the consequences set out in paragraph 5 apply only as long as the claimed obstacle prevents Angler Robert und Wolfgang OHG from fulfilling its contractual obligations. Angler Robert und Wolfgang OHG must notify the buyer/customer as soon as the obstacle/event no longer hinders the fulfillment of its contractual obligations.
§ 7. Duty to mitigate: Angler Robert und Wolfgang OHG is obliged to take all reasonable measures to limit the effects of the event on which the performance of the contract is based.
As of June 2026