Paper-Equipment-Trading Ltd. – Consulting & Trading Services
With flexibility and innovation, we create new avenues of trade.

Terms & Conditions

As of October 2025, v.1.0

1. Scope
These General Terms and Conditions (hereinafter referred to as the GTC) apply to all contracts, deliveries and services of PET Paper-Equipment-Trading Handels & Consulting GmbH (hereinafter referred to as the Contractor), unless expressly agreed otherwise. They apply exclusively to entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (UGB) or as buyers (hereinafter referred to as the Client).
Conflicting or deviating terms and conditions of the Client shall only apply to the extent that the Contractor  has expressly agreed to them in writing.
The GTC are available on our website at www.pet-tc.com.
In the case of a permanent business relationship, the GTC apply, even without any special reference to them.


2. Conclusion of Contract
Our offers are subject to change. A contract is only concluded by our written order confirmation or delivery of the goods.


3. Prices and Payment
All prices are net, plus the statutory sales tax as well as any customs duties and levies. Payments are due within 14 calendar days of the invoice date without deduction.
If the Client is in default with an agreed payment, the Contractor may, without prejudice to its other rights:
a) postpone the fulfilment of its own obligations until payment or other services have been effected,
b) make outstanding receivables due and charge default interest on these amounts in the amount of 9.2% (nine point two percent) above the base interest rate of the European Central Bank  from the respective due date.
The Client shall be obliged to notify the Contractor immediately if (c) insolvency proceedings (or similar proceedings in the country in which the Client has its registered office) are opened in respect of its assets; or (d) other circumstances become known by which the fulfillment of his payment obligations is jeopardized or made more difficult.


4. Delivery and transfer of risk
Unless otherwise contractually agreed, the goods are sold "ex works" (EXW) (place of dispatch), Incoterms 2020 or INCOTERMS in the version valid on the day of conclusion of the contract.
In principle, the place of the Contractor's registered office shall be deemed to be the place of dispatch, unless another place of dispatch has been specified in the offer or in the contract.


5. Export control and sanctions
Deliveries and services are subject to compliance with all applicable export laws, sanctions, and permits. The Contractor is entitled to refuse deliveries if there are legal obstacles.


6. Retention of title
The goods remain our property until all claims have been paid in full.
If the goods are  combined or mixed with other items, the Contractor acquires co-ownership of the resulting intermediate and final products in proportion to the proportionate value of the goods. If the Client acquires  sole ownership of the new item when the goods are treated or processed  with other items, the Client and the Contractor agree that the Client grants the Contractor joint ownership of the new item in proportion to the value of the goods. In all cases, the Client shall keep the new item free of charge for the Contractor.
In the event of seizure or other claims  against the Client, the Client shall be obliged to   point out the Contractor's right of ownership and  to assert  this right in the name and for the account of the Contractor and to inform the Contractor thereof without delay.
If the Client is in default of payment, the Contractor is entitled to demand the return of the goods.
If the goods are sold by the Client to a third party, the Contractor is entitled to the consideration. For this purpose, the Client hereby assigns its claims against the third party to the Contractor with all ancillary rights, so that no special act of transfer is required  when these claims arise.


7. Warranty
Goods are shipped or handed over with the presumption that they are free of defects . Section 924 of the Austrian Civil Code is not applicable and the Client is responsible for proving the existence of a defect.
A defect in goods exists if the goods do not correspond to the contractually expressly agreed terms.
Visual impairments that do not significantly impair functionality do not constitute a defect. Features and/or possible uses and/or functionalities that have not been contractually agreed are also not covered by a warranty claim.
Goods that are repaired by the Client himself or by third parties without the prior consent of the Contractor are not subject to any warranty claims.
What to do in the event of a potential defect
Goods must be inspected in detail immediately within 5 (five) working days (Monday to Friday) of receipt and any defects must be reported immediately in writing to the Contractor (stating the goods and delivery note number or goods order number, clear description of the fault and meaningful photo documentation). In any case, the Client must  send a potentially defective product to the Contractor or hand it over to an employee of the Contractor within 14 (fourteen) calendar days and after receipt of the return note.
In the event of a planned replacement in the course of a potential warranty claim, with the Client otherwise bearing the costs, it must always be agreed in advance with the Contractor on the manner of dispatch/handover, time of dispatch/handover and recipient of the goods concerned.
Defective goods can be repaired or replaced at the discretion of the Contractor within a reasonable period of time. The Contractor may exercise this right for each defective product twice in a row, to the exclusion of other warranty remedies.
The replacement of the goods or parts of the goods does not per se constitute an acknowledgement of the existence of a defect.
The Contractor shall not be liable for erosion, corrosion, wear and tear, wear parts, repair by third parties, or reused or refurbished goods or parts of goods. Furthermore, the Contractor shall not be liable for errors caused by improper operation or faulty maintenance and for errors carried out during the warranty period by repairs by the Client or third parties without the consent of the Contractor. The warranty and/or defect remedy obligations mentioned in this point are conclusive. No other warranties or guarantees are provided, whether they be in express, implied, statutory or oral form. In particular, there are no implied warranties of merchantability or fitness for a particular purpose or for economic operation or a specific suitability or quality.
All warranty claims of the Client must be asserted in court within six months of delivery or hand over, failing which they are time-barred. This does not apply if the mandatory law prescribes longer periods.


8. Liability
The Contractor shall only be liable outside the scope of application of the Product Liability Act if and to the extent permitted by law the Contractor is proven to have acted with intent or gross negligence on the part of the Client. The total liability of the Contractor, regardless of the legal title, is limited to the net contract value or to EUR 5,000,--, whichever is lower.
The reversal of the burden of proof under § 1298 ABGB is excluded.
The Contractor shall not be liable under any circumstances for loss of profit, loss of production, downtime, loss of earnings, loss of orders, pure financial losses, financing costs, costs for replacement energy, loss of energy, data or information, unrealized savings, loss of interest or other indirect and/or consequential damages, regardless of the legal grounds, as well as damages arising from claims by third parties against the Client.
In the event of non-compliance with any conditions for installation, commissioning and use (such as those contained in operating instructions) or the official approval conditions, any compensation for damages is excluded.
If contractual liquidated damages have been agreed at the expense of the Contractor, any further claims arising from the respective title shall be excluded.
The Contractor shall not be liable for damages that could not have been expected at the time of conclusion of the contract as a possible consequence of a breach of contract or other violation.
The provisions of Section 8 shall apply conclusively to all claims of the Client against the Contractor, regardless of the legal basis and title, and shall also apply to all employees, subcontractors and subcontractors of the Contractor.  All liabilities, regardless of the legal title, shall expire six months from the date of delivery or handover of the object of the contract to the Client and shall be asserted in court within this period. This does not apply if mandatory law prescribes longer periods.


9. Force majeure, impediments to performance
Force majeure events are events that are unforeseeable and unavoidable for the contracting parties, in particular fire, (civil) war, revolt, general unrest, general mobilization, or unforeseen military mobilization on the same scale, forced delivery, confiscation, lack of currency, insurrection and civil riots, acts of terrorism, sabotage and piracy, epidemics,  pandemic, Explosion, destruction of equipment, prolonged failure of means of transport, telecommunications, information systems or energy, natural disasters, currency or trade restrictions, embargoes, sanctions, official warnings as well as legal decisions by local, regional, national and international authorities, material and transport shortages or disruptions in supply chains.
If the provision of services becomes temporarily impossible or significantly more difficult for the Contractor in whole or in part due to extraordinary circumstances or  circumstances through no fault of the Contractor's fault  or events of force majeure ("impediment to performance"), the agreed performance period shall be extended by the duration of this impediment to performance. The same applies to a deadline set by the Client for the performance, in particular also to grace periods. Before the expiry of the extended performance period, the Client shall not be entitled to withdraw from the contract, nor to pay damages or to withhold any payment security (e.g. drawing a deposit guarantee).
Deadlines or deadlines that  cannot be met due to impediments to performance shall be extended by the duration of the effects of the impediments to performance; with the exception of the Client's payment obligations.
In the event of an obstacle to performance occurring, each contracting party undertakes to inform the other contracting party immediately in writing of this and the expected duration. If the contracting parties do not  find an amicable settlement within 6 months of the occurrence of an event of force majeure, the contractor may withdraw from the contract in whole or in part.


10. Costs in the event of unjustified complaints
The costs for unjustified complaints (in particular analysis, expert, employee, expense, travel, transport and repair costs) shall be borne by the Client. However, the Client will be charged at least EUR 500,-- (Euro five hundred) for the processing effort.


11. Incorrect orders and cancellations
Orders can only be cancelled with the consent of the Contractor. Incorrectly ordered or unneeded goods that have already been delivered will also not be taken back or credited for later goods enquiries.


12. Withdrawal from the contract
The Contractor is entitled to withdraw from the contract for the reasons set out in point 9, in particular:
• if the execution of the delivery of the goods or service or the commencement or continuation of the delivery of the goods or service is further delayed for reasons for which the Client is responsible or despite the setting of a grace period;
• if there are doubts as to the Client's solvency and the Client, despite being requested, neither makes advance payments nor provides suitable security before delivery of the goods or service;
• if the extension of the delivery period due to the above-mentioned circumstances amounts to more than half of the originally agreed delivery period;
• if the Contractor directly or indirectly violates industrial property rights and/or the confidentiality obligation pursuant to Section 15 by the Client.
The withdrawal can also be declared with regard to an outstanding part of the delivery and/or service for the above reasons.
Without prejudice to any claims for damages or other claims, in the event of withdrawal from the contract, services or partial services already provided shall be invoiced and these shall be due for immediate payment. This shall also apply to the extent that the delivery and service, including any preliminary services already rendered, has not yet been taken over by the Client. However, the Contractor shall also have the right to demand the restitution of goods and/or parts thereof that have already been delivered.


13. Place of jurisdiction and law
Substantive Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is the court with jurisdiction over the subject matter at the Contractor's registered office.


14. Compliance
The Client expressly undertakes to comply with all applicable laws, statutes and regulations relating to anti-money laundering, terrorism and corruption as well as with regard to trade embargoes and sanctions provisions.
In particular, the contracting authority is prohibited from offering, granting, or demanding or accepting any advantage, either directly or indirectly, if it serves as consideration for the act, performance or omission of an act that is to be regarded as unlawful or unfair or may give the appearance of such an illegal or unfair act.
In addition, the client undertakes to respect the fundamental rights of its employees, to refrain from child labour, slavery and human trafficking. Furthermore, the Client declares itself obliged to strictly comply with all laws, statutes and regulations relating to occupational health and safety and environmental protection.
Any breach of this provision by the Client shall entitle the Contractor to suspend its performance and/or to terminate the contract immediately at its discretion. All adverse consequences and costs resulting from a suspension of the service(s) and/or termination of the contract shall be borne by the Client.
Client shall transfer all obligations arising from this clause to its representatives, employees and affiliated companies .


15. Confidentiality
The contracting parties undertake to treat confidential information of the other contracting party confidentially for a period of ten years after the termination of the contract, in particular not to disclose this to third parties, to protect it against unauthorised access by means of appropriate technical, organisational and legal measures and to use it exclusively within the framework of the contract, the initiation of the contract and its execution. Confidential Information is (i) the conclusion and content of the contract; (ii) information jointly developed in the context of the contract or the settlement; (iii) all information or documents disclosed to one party by the other party in the context of the contract, the initiation and/or execution of the contract, and (iv) the knowledge of the operational or organizational processes of the parties in the course of the contract, the initiation and/or execution of the contract. This obligation shall not apply if and to the extent that (i) confidential information was already known to the other party at the time of conclusion of the contract or subsequently becomes lawfully known by a third party, i.e. without violating a confidentiality agreement, statutory provision or official order; (ii) Confidential Information is in the public domain at the time of the conclusion of the Agreement or thereafter becomes public knowledge without a culpable breach of the foregoing obligation; (iii) Confidential Information has been independently developed or obtained by the other Party; (iv) the disclosure is necessary in the context of the contract, the initiation of the contract and its execution or to protect the legal interests of the contracting party and this is made in accordance with the above-mentioned obligation to auxiliary persons or consultants who are bound to secrecy in writing (v) one party has released the other party from the obligation or (vi) on the basis of statutory regulations, other applicable legal provisions or a judicial or administrative decision. In such event, the parties shall promptly notify each other thereof in writing or in text form and shall jointly determine the scope of the disclosure to the extent permitted by law.
If the Client passes on  the  goods or services  subject to the contract or their parts to third parties and these contain confidential information,  the  Client is also obliged to impose the confidentiality obligations on these third parties to the extent and in accordance with the above provision. In  particular, the Client is obliged to ensure that third parties do not disclose or exploit confidential information discovered through decryption or reverse engineering.
In the event of a breach of the duty of confidentiality by the Client, the Client shall pay the Contractor contractual liquidated damages of at least 100% of the contract value, regardless of fault and not subject to the right of judicial moderation. Any further claims of the Contractor shall remain unaffected.


16. Data storage
The Client declares his express consent to the storage of all data that is important for the business relationship and processing of the orders placed or the delivery obligations.
Personal data that is transmitted will be stored and used exclusively for the purpose of processing the contractual relationship and, if necessary, will also be forwarded to parties involved in the execution of the contract, insofar as this is necessary for the performance of the contract. The Client shall give its consent to this.
Insofar as personal data is stored or otherwise processed, this is done in compliance with and observance of the relevant data protection laws.


17. Final provisions
Should individual provisions or contractual clauses be invalid, this shall not affect the validity of the remaining provisions. The legally invalid clause of the contract is to be replaced by another clause that is legally effective and comes as close as possible to the intended economic meaning of the invalid clause of the contract or the contract.
There are no oral ancillary agreements. Changes and additions to these GTC and/or the contract itself and/or its enclosures must be made in writing in order to be valid. This also applies to a deviation from this provision itself.
For delivery and payment, the place of performance shall be the registered office of the Contractor, even if the delivery or handover takes place at a different location as agreed.
In the event that contracts or the GTC are drafted by us in the German language and another language, the provisions in German shall prevail.