General Terms and Conditions for Purchasing Contracts
(May 2018 Version/RWA)
Unless otherwise agreed in the Contract, the following terms and conditions shall apply:
- The Buyer and Seller shall acknowledge the practices of the Agricultural Products Exchange in Vienna (Börse für landwirtschaftliche Produkte in Wien) and the authority of this Arbitral Court in disputes. The authority of the Arbitral Court of the Agricultural Products Exchange in Vienna (Schiedsgericht der Börse für landwirtschaftliche Produkte in Wien) is certified by this Contract and is valid for all future contracts concluded between the Buyer and Seller in all negotiable instruments of this Exchange. However, the efficacy of this agreement for other transactions to be concluded later on may be revoked unilaterally in writing at any time. This authority also extends to disputes between the Contracting Parties and the Broker, provided that the latter is an agent legitimized to act as a broker on the Agricultural Products Exchange in Vienna and the Contracting Parties have received, without objections, contracts signed by the Broker containing the provisions that disputes arising from the transaction shall be settled by the Arbitral Court of this Exchange.
- The agreed price on the overleaf is based on the ship, truck and railroad freight rates, currency exchange rates, public fees, duties, taxes, and charges that are valid on the day of completion of the sale. Regarding the payments cited above as examples, the Buyer is not obligated to pay increases or new introductions occurring from the conclusion of the contract until the complete fulfillment of the contract.
- In the case of loading on vessels, the Seller shall accept as binding on itself the terms and conditions of the shipping companies, of the shipping authorities, and of the freight contracts concluded by the Buyer.
- Unforeseen official dispositions and market control regulations may lead to the entire or partial repeal or modification of the terms and conditions of this Contract.
- Any sample taking shall be conducted in accordance with the practices of the Agricultural Products Exchange in Vienna and in agreement with the Seller.
- If the goods do not fulfill the terms and conditions of the Contract, they shall be accepted at the reduced value established on the basis of an expert assessment or by the arbitral court of the competent exchange, unless a refusal of the goods is decided.
- RWA reserves the right to withdraw from the contract in the event that the Contracting Partner is in arrears with its deliveries or in the event that bankruptcy proceedings on its assets are initiated or dismissed for lack of assets covering the expenses, provided that difficulties with deliveries or complying with deadlines or insufficient funds are anticipated as a result.
- Data processing:
The Seller undertakes to process the personal data provided by us according to the currently valid data protection regulations exclusively for the purpose of fulfilling the contract and to delete these data promptly in the absence of a reason justifying the processing thereof.
Regarding our information duties under data protection law according to Articles 13 and 14 of the General Data Protection Regulation, please refer to the data protection statement on our website.
Upon request, the Seller shall be provided with a copy of this data protection statement at no charge.
- Amendments to this contract require the written confirmation of the other Party. Oral agreements and arrangements made over the telephone require written confirmation in order to be binding.
- General terms and conditions, retentions of title, or the like, of the Seller are not part of the agreement and it is therefore mutually agreed that they shall be excluded. With the exception of UN sales law and the reference standards of the Code on International Private Law (CPIL), this Contract is subject to Austrian law.