Disclosure pursuant to § 25 Media Law (Mediengesetz) as well as disclosure of information pursuant to E-Commerce Law
Media holder and Head office:
Frenkenberger Rohstoffhandels GmbH
Werner Bader Straße 8
Tel 00 43 6274 20176
Fax 00 43 6274 20176 13
Register of Commerce: FN 37586z
VAT number: ATU 37203708
Programming and Implementation:
Connetation Web Engineering GmbH
A-5020 Salzburg, AUSTRIA
Objective („Editorial concept“)
The objective of this website shall be the dissemination of comprehensive information on the products and on the services of the Frenkenberger Rohstoffhandels GmbH as well as the raising of the awareness on various relevant topics and an overview and description of the type and scope of all services rendered by Frenkenberger Rohstoffhandels GmbH.
Chamber of Commerce
Wirtschaftskammer Salzburg (Salzburg Chamber of Commerce)
Professional Group Iron and Hardware Retail Trade, Occupational Group Iron, Steel and Metal Goods. Member of the Association of Notaries of the European Capitals.
A-5020 Salzburg, Julius Raab Platz 1 Tel +43 (0)662 88 88 -0
Fax +43 (0)662 88 88 -240
Responsible for text, image and content:
Thomas Frenkenberger, GF Frenkenberger Rohstoffhandels GmbH (Managing Director) and the stahlrohr.at team.
Copyright and Proprietary Rights:
All contents © 2012 by www.stahlrohr.at, a project of the Frenkenberger Rohstoffhandels GmbH. Photo copyright by Thomas Frenkenberger and iStock.
All contents on this website are protected by copyright law. All texts, pictures, graphics, sounds, animations and videos are subject to protection by copyright law as well as by other protective legislation. Any utilization other than for the purpose of this project requires the approval of the operator resp. of the author.
Links to this website are welcome as long as they are external links. Framing, hot and deep linking require the explicit consent of Frenkenberger Rohstoffhandels GesmbH. Should a website, actively linked via eval.at, contain unlawful contents, we kindly ask you for your information. Such link will be removed immediately.
Exclusion of Liability:
Despite utmost care is applied in the compilation of this website, the Frenkenberger Rohstoffhandels GmbH shall not be able to ensure absolute absence of errors and correctness of the information contained. The Frenkenberger Rohstoffhandels GmbH accepts no liability for any damage arising directly or indirectly from the use of this web-site. This website and all services connected therewith are operated under utmost terms of care, reliability and availability. For technical reasons it is not possible that such ser-vices are available on a permanent basis without any interruptions, i. e. that the desired connection can be established at any given point in time or that data stored shall always be available. Thus, a constant availability cannot be assured. IP connectivity to other net operators shall be accomplished according to the possibilities and according to avail-ability. No liability whatsoever shall be assumed for problems that originate in third-party networks. Usage of other nets shall be subject to the terms of the other respective licensee. In case of force majeure, strike, restrictions caused by other network providers or in case of repair and maintenance work service restrictions or interruptions may be the case, for which no liability exists. With regard to the features of the internet there can be no liability concerning the authenticity, correctness and completeness of the information provided on the internet. Moreover, no warranty shall be taken over for the operation of the respective website or its contents. All liability for direct, indirect or any other dama-ges, regardless of cause resulting from the use or non-availability of data and information of this homepage, shall, to the extent permissible by law, expressly be excluded.
General Conditions of Business, Sales and Delivery
1.1. We exclusively work in line with these General Conditions of Business, Sales and Delivery. Such shall represent an integral component of any and all contractual agreements and shall also be valid for all further transactions and contracts concluded by us in the future.
1.2. Our company shall hereinafter be referred to as “Company”. The respective contractual partner shall hereinafter be referred to as „Buyer“.
1.3. Should individual provisions of the General Conditions conflict with existing or future mandatory law, the decision on whether or not other provisions shall cease to be in force, shall explicitly be decided by the Company. In case it shall acknowledge the validity of the remaining provisions, the invalid provisions shall be replaced by conditions which are most similar to the economic purpose of the invalid provisions.
1.4. All executive bodies and representatives of the Company shall only be entitled to bind the Company within the framework of these provisions.
1.5. Any side-agreements or changes shall only be valid in writing and must show the written acknowledgement of the authorized bodies of the Company with the company´s authorized signature.
1.6. If there is a conflict between the provisions of the Buyer and the prevailing conditions, such provisions of the Buyer shall be invalid, in case no amendment by mutual agreement and pursuant to the formal requirements as per item 1.5 shall be performed.
1.7. For all legal questions resulting from such business transactions and from the General Conditions Austrian right shall govern explicitly.
2. Offers, Prices, Terms of Payment:
2.1. All offers and prices stated by the Company shall only be valid for the parti-cular individual order.
2.2. Unless otherwise stated, all prices shall be cited net without VAT.
2.3. All offers are without obligation and non-binding. All information on weight, measurements, services and similar stated in our offers, catalogs, circular mails, advertisements, illustrations and price lists are only authoritative to the extent, they have explicitly been termed as binding.
2.4. All prices are stated and shall be paid in Euros only. The prices are quoted without packaging, assembly and transport as well as without all state and governmental levies.
2.5. Payments made to the Company shall only have a debt satisfactory effect if either having been performed by means of bank transfer to the account stated on the invoice or if having been performed by means of irrevocable letter of credit, verified by a bank located within the EU. Bills of exchange or checks shall only be accepted under express reservation of actual receipt of payment. All costs, fees and expenses resulting from such transaction shall be borne by the Buyer. The Company shall not be liable for a timely presentation and submittal of protest of a bill. An issue of own or of third-party bills of exchange shall not automatically be regarded as payment and shall thus not justify a claim for the granting of a discount. Upon acceptance of the bill of exchange the Company shall be entitled to call the claim due immediately and to initiate legal proceedings, irrespective of due dates, should the financial situation and/or the mode of payment of just one liable party from the bill of exchange not offer full security for its redemption.
2.6. The claims of the Company shall be due immediately upon accounting, unless something deviating has been explicitly agreed in the order. Should the necessary payment not be performed within 14 days upon accounting resp. maturity, the Buyer shall be bound to pay default interest in the amount of 1% per month. In case that higher bank default interest fees shall be charged at a higher percentage, the Company shall be entitled to charge such higher interest fee.
2.7. Any withdrawal of a Buyer from a closed contract shall only be permissible upon explicit approval of the Company. In case of withdrawal, the Buyer shall be bound to a contractual penalty to the amount of 30% of the purchase price agreed, which shall not be subject to the judge´s right to reduction.
2.8 The Company shall also be entitled to credit incoming payments, even if earmarked otherwise, towards the oldest debts. Payments by the Buyer shall firstly be credited towards the costs, accessory costs and interest and secondly towards the capital. Redemption of capital claims are firstly credited towards the oldest claim of the Company.
2.9. In case of default of payment, which shall automatically be the case without any further reminder, the Buyer shall be obligated, to entirely refund all costs, reminder fees and cash expenses in connection with the collection of the purchase price, so that at no time no costs shall arise for the Company from the collection of the claim.
2.10. In case of partial payment immediate maturity shall be agreed. In case of late payment or in case of non-payment of only one partial payment the entire outstanding receivable payment shall be due immediately as a whole. In the event of failure to meet the deadline, default interest pursuant to item 2.6. shall be charged.
2.11. Any offsetting of counterclaims on the part of the Buyer shall exclusively be excluded.
3. Terms of Delivery, Warranty:
3.1. Deliveries on the part of the Company are performed subject to the reservation that a complete and correct self-delivery is performed, unless a non-supply can be attributed to a fault of the Company. The terms of delivery shall be quoted upon precise coordination with the supplier. They are, how-ever, not binding. Also, a fixed delivery deadline decided upon in writing shall be considered agreed with the notification of readiness for dispatch, even if dispatch will not be performed in a timely manner, due to circumstances which are not justifiable by the Company. However, the Buyer shall commit himself to accept the goods after the agreed date. All terms of delivery not expressly la-beled as binding shall be considered non-binding.
3.2. In case of stoppage of work, strikes, operational breakdowns, etc. with the Company and in case of unavoidable events or force majeure the Company may, irrespective of who or how such event has been expressed, reasonably extend the delivery deadlines or terminate the contract, without such action constituting justification for the submission of claims for damages by the Buyer. Claims for damages on the part of the Buyer shall only be justified in case of at least gross negligence on the part of the Company or its management bodies. Compensation for collateral damage shall expressly be excluded.
3.3 For a delivery of goods with a factory certification the Company guarantees a faultlessness of the object of purchase according with the relevant state of technology. In case of enforcement of warranty claims the Buyer shall be obliged to allow a period of at least six months for improvement. He shall only be entitled to price reduction or conversion provided that all the remedies im-plemented by the Company within a reasonable period of time have not achie-ved the envisaged effect.
3.4 For used goods resp. grade 2A goods warranty claims shall expressly be excluded. Moreover, liability for defects caused by improper handling or wear and tear shall also expressly be excluded.
3.5. In case goods delivered shall further be processed and/or be built in by the Buyer, such goods shall be considered approved and thus all warranty claims shall also expressly and wholly be excluded.
4. Transfer of Risk:
4.1. The risk is passed to the Buyer in any case with the dispatch of the individual parts of the delivery item. In case of a delay in dispatch due to the conduct of the Buyer, the risk is already passed to the Buyer upon the notifi-cation of the readiness for shipment.
4.2. Transport insurance will only be taken out by the Company upon the explicit demand of the Buyer and all costs shall be covered by him to hold the Company harmless in this respect.
5. Retention of Title:
5.1. The Company shall retain title of the goods delivered until all claims of the Company against the Buyer arising from the current as well as from other transactions have all been settled. The same shall be valid especially for all reminder fees, cash expenses and costs as well as for all default interest.
5.2. The Buyer shall not have the right to dispose of the object of purchase until all outstanding claims have been settled and he shall inform the company immediately on any execution and confiscation, etc.
5.3. The Buyer shall furthermore be obliged to orderly insure all goods still subject to retention and to render proof of such insurance upon request. Should the Buyer fail to meet this requirement, the Company shall be entitled to take out such insurance at the cost of the Buyer and it already now wants to declare that the Company shall be kept harmless in this regard. In the event of damage, the Buyer´s insurance claim shall be considered ceded.
5.4. In case of procession, combination and commingling of goods still under retention of title with other goods by the Buyer, the Company shall be entitled to co-ownership of the new product up to the share resulting from the invoice value of the goods delivered under retention of title, in the ratio of the value of the invoice value of the other good used. Should the retention of title expire due to combination or commingling, the Buyer shall already now assign the property rights on the new goods, he shall be entitled to, to the extent of the value of the invoice of the good delivered under retention of title and shall be bound to maintain the goods in custody for the Company free of charge. The resulting joint ownership shares shall be considered goods delivered under re-tention of title.
5.5. The Buyer shall cede claims arising from the resale of goods under reten-tion of title to the Company and such shall serve as security to the same extent as the good itself has served. In case of sale of goods in which the Company has co-ownership, the transfer of the claim shall be in proportion with the extent of the degree of co-ownership.
5.6. The Buyer shall not be entitled to an assignment of the claim, also not within the framework of factoring transactions, unless he is able to finally obtain the full equivalent value of the claim.
5.7. In case of default of payment, the Company shall be entitled to take possession of the purchase object under retention of title and to best sell on the most favorable terms available. The Buyer shall be liable to provide all information necessary for an assertion of rights and shall allow access to the business premises, especially for inspection. Any enforcement of the retention of title including subsequent utilization shall not have any influence on the va-lidity of the contract. On the contrary, the Buyer is obliged to immediately cover the remaining purchase price, which may possibly remain after the utilization of the purchase object.
6. Illegal further delivery: Sold goods that are not expressly designed and declared for export shall not be exported by the Buyer or his customers in un-altered condition. In case of violation of this provision the Buyer shall be bound to a contractual penalty to the amount of 30% of the purchase price which shall not be subject to the judge´s right to reduction.
8. Non-assignment clause: The client may online assign claims resulting from this contractual relationship with the Company to any third-party only, if based on an explicit corresponding consent pursuant to item 1.5.
9. Place of Performance and Place of Jurisdiction: The place of performance for all disputes arising out of this business activity between the contractual parties shall be the competent court of the City of Salzburg as the exclusive court. Such agreement on jurisdiction shall also be valid for possible proceedings on behalf of bills of exchange.
10. Data Storage: Pursuant to § 22 of the (Austrian Data Protection Act) the Company announces that the following data and information are automatically processed for accounting: Name (corporate name), address, if necessary telephone number as well as job and invoice data, terms of delivery and payment as well as turnover. Such data will be used in the Company within the framework of the corresponding legal provisions. All employees of the Com-pany are obliged to maintain data confidentiality pursuant to § 20 of the Data Protection Act.
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