Terms & Conditions
General Terms and Conditions of AggregatX FlexKapGes (in formation) — as of April 2026
1. Scope
1.1 These Terms apply exclusively to B2B transactions — the supply of goods and the provision of services, including consulting and development services.
1.2 The current version is available at aggregatx.com/en-terms.html.
1.3 Buyer's terms and conditions require our express written consent.
1.4 All trademark and copyright rights are reserved. The technologies used — in particular the ceramic powder and manufacturing process — are company-owned, proprietary developments; know-how and trade secrets are secured by appropriate measures.
2. Offer
2.1 Offers are non-binding and subject to change, unless expressly marked as binding.
2.2 Offer documents must not be copied or disclosed to third parties without written consent.
3. Conclusion of contract
3.1 A contract is concluded by written order confirmation or by delivery.
3.2 Oral statements outside the contract do not constitute warranty claims.
3.3 Amendments and additions require written confirmation.
4. Delivery
4.1 The delivery period starts on the latest of the following dates: (a) order confirmation; (b) fulfilment of all obligations to be performed by the Buyer; (c) receipt of any agreed down-payment.
4.2 Partial and advance deliveries are permitted.
4.3 Force majeure, official interventions, raw-material shortages or the default of suppliers extend the delivery period accordingly.
5. Transfer of risk
5.1 Delivery is EXW pursuant to INCOTERMS® 2020, unless expressly agreed otherwise.
5.2 For services, the risk transfers to the Buyer upon provision of the service.
6. Payment
6.1 Unless otherwise agreed: 1/3 on order confirmation, the balance upon delivery.
6.2 Payments are made without deduction, free to the Seller's payment office.
6.3 Set-off against counter-claims is excluded.
6.4 In case of default: suspension of performance, acceleration of outstanding claims, statutory default interest.
6.5 Retention of title on delivered goods until full payment.
7. Warranty
7.1 We warrant the remedy of defects existing at handover and provably attributable to design, material or execution faults.
7.2 The statutory warranty period from transfer of risk applies.
7.3 Defects arising from installation not performed by the Seller, non-observance of operating conditions, overload, natural wear or unauthorised modifications are excluded.
8. Intellectual property & know-how
8.1 For manufacture according to Buyer specifications, the Buyer indemnifies the Seller against claims of third parties arising from infringement of intellectual property rights.
8.2 All documents provided to the Buyer and the underlying technologies remain the Seller's intellectual property. Transfer or use for purposes other than those contractually agreed is prohibited without written consent.
9. Liability
9.1 Liability exists only in the event of intent or gross negligence. Total liability is limited to the net order value, but not more than EUR 50,000 — whichever is lower.
9.2 Liability for slight negligence, consequential damages, loss of profit and pure financial losses is excluded.
10. Export control
The Buyer undertakes to comply with all national and international (re-)export provisions, in particular those of the European Union and the United States. Performance of the contract is subject to the proviso that no embargoes or sanctions preclude it.
11. Data protection
Processing of personal data is based on Art. 6(1)(b) and (f) GDPR. For details see our Privacy Policy.
12. Compliance & anti-corruption
Both parties undertake to comply with all applicable anti-corruption laws, in particular the provisions of the Austrian Criminal Code.
13. General
Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected. They shall be replaced by an economically equivalent, valid provision. The German-language version is authoritative.
14. Jurisdiction & applicable law
Exclusive place of jurisdiction is the court with substantive competence in Lilienfeld or St. Pölten, Austria. Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).