General Terms and Conditions of Sale and Service
Status: August 2025
Scope of application
These General Terms and Conditions of Sale and Service, hereinafter referred to as GTCS, apply to all offers, sales, deliveries and all services and consultancy services, unless otherwise agreed and confirmed in writing by THB.
The customer’s terms and conditions are only applicable if THB has agreed to them in writing. By placing an order, accepting the order confirmation or the goods, the customer recognises the binding nature of these GTCS.
Offer and conclusion of contract
All offers made by THB are non-binding proposals and are subject to change.
The transaction is only concluded when THB accepts or fulfils the order. All agreements – including promises made by THB employees – must be confirmed in writing to be legally valid.
THB may assume that the information received from the Customer is complete and correct and complies with all technical norms and standards customary in the industry. THB may supplement information not provided by the Customer with assumptions customary in the industry, e.g. regarding material, external influences, area of use, temperature and load.
THB reserves all property rights, copyrights and other industrial property rights to all illustrations, calculations, drawings and other documents. The Contractual Partner may only pass these on to third parties with the written consent of THB, irrespective of whether these have been labelled as confidential.
Scope of services and delivery quantity
THB shall only owe the service described in the order confirmation and the documents referred to therein.
Technical advice
THB provides technical advice such as the selection or calculation of rolling bearings, fault analyses, lubrication and maintenance analyses on the basis of the information provided by the customer. THB is only liable for ensuring that the advice is provided in accordance with industrial standards and norms, not for its actual feasibility. Beyond this, THB is not liable, not even for a certain success.
Delivery time
Delivery periods that have not been expressly agreed as binding are exclusively non-binding and will be adhered to as far as possible.
The days stated are to be understood as working days. The delivery periods begin with the acceptance of the order documented by the order confirmation, but not before final clarification of all technical and commercial details.
Delivery times are extended due to factory holidays, especially during the Christmas period and the main holiday period in August.
Deliveries agreed on call must be accepted by THB within one year of acceptance of the order at the latest, otherwise the Customer shall be subject to the legal consequences of default of acceptance.
Unforeseen obstacles to delivery shall entitle THB to either extend the specified delivery period accordingly or to withdraw from the contract.
Such obstacles to delivery shall include, in particular, production stoppages caused by strikes, lock-outs, failure of material deliveries or the like, inadequate deliveries by our own suppliers, interruption of transport routes, official intervention or other cases of force majeure.
THB has the right to withdraw from the contract in particular if circumstances become known after acceptance of the order but before delivery, which make full fulfilment of the customer’s contractual obligations appear questionable.
Claims for damages by the customer due to late or non-delivery are excluded. If the delivery period specified by THB is exceeded by more than four months, the customer is entitled to withdraw from the contract after granting a grace period of one month.
Shipping
Unless otherwise agreed, dispatch shall be EXW Ebensee and at the expense and risk of the customer.
Unless the Customer specifies otherwise, THB is free to select the dispatch route, the means of transport and the type of packaging to the best of its judgement, but without guarantee.
The quality and quantity of the consignment and its packaging can only be objected to within 8 days of receipt of the goods.
If the complaint is recognised by THB as justified, THB is entitled to either supply a replacement or issue a credit note.
If dispatch is delayed at the request or through the fault of the buyer, we shall store the goods at the expense and risk of the buyer. In this case, notification of readiness for dispatch shall be equivalent to dispatch
Terms of payment and offsetting
Our prices are ex works without packaging, unless otherwise specified in the order confirmation. Our prices do not include the statutory value added tax. This is charged at the statutory rate on the day of invoicing.
separately on the invoice.
The minimum value per order is 100,- Euro. Orders below this amount will be charged with 25,- Euro.
Packaging will be charged at cost price and will not be taken back.
The purchaser shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, recognised by us or are undisputed. The buyer is only authorised to exercise a right of retention if his counterclaim is based on the same contractual relationship.
Additional service and consulting services
The price for consulting and services stated in the order confirmation is based on the requirements, scope and content of the service as known to THB when the order confirmation was signed on the basis of the documents stated therein.
Cost estimates are not binding and THB is only obliged to inform the customer if the cost estimate is significantly exceeded. If the requirements, scope and content of the service change and this leads to additional costs for THB, THB is entitled to an appropriate additional fee.
Fixed prices for services and consultations must be expressly labelled as such. If no price has been agreed, THB will charge its usual fees for services on a time and material basis.
In addition to the respective fee, THB is entitled to compensation for all expenses and outlays in connection with the performance of the service.
Default of payment
In the event of default, THB shall be entitled to default interest of 7% above the base interest rate announced by the European Central Bank.
THB is entitled to call in all claims against the customer prematurely if the customer is in arrears with his payments or if circumstances become known which make the fulfilment of his obligations appear questionable.
In this case, THB is also authorised to collect delivery claims by cash on delivery at the customer’s expense.
Bills of exchange and cheques are not accepted.
Counterclaims can only be offset if they have been recognised by THB by issuing a credit note.
Retention of title
THB retains title to all goods delivered until full payment of the purchase price including interest, costs and ancillary charges.
The customer is authorised to process the goods in the ordinary course of business or to sell them with express transfer of the retention of title. However, the customer is not permitted to pledge the goods or assign them as security.
The customer is also obliged to notify us immediately of any seizure or other access by third parties to the goods.
If the Customer sells the goods delivered by THB, the claims arising therefrom, including all ancillary rights, shall be deemed assigned to THB until THB has been fully satisfied with all claims arising from its delivery to the Customer.
THB hereby accepts this assignment. Upon request, the Customer is obliged to disclose the assignment to its purchasers and to provide THB with the information and documents required to assert the assigned claims and rights.
THB is obliged to release the claims arising from the extended retention of title to the extent that their value exceeds the claims to be secured by more than 20 %.
The buyer must treat the goods with care and insure them adequately at his own expense against fire, water damage and theft, at least at replacement value. Any maintenance and inspection work that becomes necessary must be carried out by the buyer at his own expense.
own costs in good time.
Warranty and compensation
THB undertakes to restore or replace, at its option, in whole or in part, any rolling bearings supplied by THB which become demonstrably unusable within one year of commissioning, but no later than 15 months after delivery, as a result of a manufacturing or material defect.
Any further warranty or compensation obligation for direct or indirect damage resulting from a manufacturing or material defect is excluded for products.
THB accepts no liability for installation and maintenance suggestions made to the best of its knowledge. THB is not liable for natural wear and tear corresponding to the period of use or for damage resulting from improper use or handling, such as incorrect type selection or assembly, overloading, soiling, rust, disassembly or installation of third-party parts.
A replacement delivery or credit note will only be issued after the warranty obligation has been properly established by THB. For this purpose, the customer must send in the rejected goods unassembled and at his own expense. In urgent cases, the Customer shall receive a replacement delivery at the respective daily price if possible and a credit note after completion of the inspection in accordance with THB’s recognition of warranty claims.
In order to be able to make use of the warranty, the customer must fulfil all due payment obligations in full.
Any maintenance before THB issues a credit note is excluded. A replacement delivery or rectification of defects shall not result in an extension of the agreed warranty period.
THB will remedy proven defective services that are reported by the customer within six months of the provision of the service, at its own discretion by improvement, supplementation of the missing items or replacement, insofar as this is technically and financially feasible.
The warranty is limited to those defects that the customer notifies immediately after becoming aware of them. §Section 377 HGB shall apply accordingly. If it turns out that a defect is due to information provided by the Customer, disregard of THB’s instructions, improper use or wear and tear, any warranty and liability on the part of THB is excluded.
THB is only liable for damages to the customer, even if they were caused by a defect, in the event of intent or gross negligence. The fulfilment of warranty claims by THB does not extend the original warranty period.
The statutory warranty period of two years in accordance with the VGG applies to consumers.
Product liability
The description of products and their possible applications in brochures, programmes, websites and similar information is not a guarantee of specific areas of application and properties, but rather binding information intended to make it easier for the purchaser to assess the products and their area of application.
The Buyer must satisfy himself in good time, in any case before the final order is placed, by means of sufficient information, professional advice and tests, that the result desired by him can be achieved with THB’s products under the given conditions.
All claims for damages by the Buyer against THB or any of its vicarious agents, for whatever reason, in particular for non-performance, poor performance, delay, culpa in contrahendo, tort or any other legal reason, are excluded unless the Buyer proves that the damage is due to intent or gross negligence on the part of THB or one of its vicarious agents.
In any case, claims for damages by the customer against THB or its vicarious agents are limited to the amounts that THB actually receives from the liability insurance or other insurances or from third parties liable in recourse.
The customer may only assert a right to withdraw from the contract if he himself has complied with all the provisions of this contract.
The customer waives the right to contest a contract with THB on the grounds of error.
All claims against THB can only be asserted in court within a period of six months from the occurrence of the claim or from the due date.
Place of fulfilment, place of jurisdiction, applicable law
The place of fulfilment for all deliveries and payments is Ebensee. The place of jurisdiction for all disputes arising directly or indirectly from the business relationship between THB and the customer – including actions on bills of exchange and cheques – is agreed to be the regional court of Wels as the commercial court.
However, THB is also entitled to take legal action at the court responsible for the customer’s place of business or residence.
The contractual relationship between THB and the customer shall always be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
No Russia / Belarus clause
The Contractual Partner may not directly or indirectly sell, export or re-export goods supplied by THB that fall within the scope of Article 12g of Council Regulation (EU) No 833/2014 to the Russian Federation and/or Belarus or for use in the Russian Federation and/or Belarus.
The contracting party shall use its best endeavours to ensure that the purpose of the above paragraph is not frustrated by third parties in the wider commercial chain, including potential resellers.
The Contractual Partner shall inform THB immediately of any problems in the event of a breach of this agreement, including those of third parties.
Final provisions
These GCSD apply to all orders placed by the customer without the need for any special reference to them. Should individual provisions of these GCSD be ineffective, invalid or unenforceable, this shall not affect the binding nature of the remaining provisions and the legal transactions concluded on the basis of these GCSD.
In the event that one of these provisions is ineffective, invalid or unenforceable, a provision that comes closest to the economic result of this provision shall apply between the contracting parties.
In case of doubt, the German version of the AVSB is preferable to other language versions.