General Terms and Conditions (GTC) of

Stepptex Ges.m.b.H., FN 655840x, Rhombergstraße 9 | A-6067 Absam

(As of 8/2025)

General information, General Data Protection Regulation (GDPR)

The following “General Terms and Conditions” form the basis of all our offers, services, purchases, and sales, unless otherwise agreed with us in writing. Austrian substantive law applies to this contractual relationship. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. We treat your data confidentially in accordance with the DSVG (Data Protection Act). For details, see our homepage.

Offers, order acceptance, and deliveries

Our offers are non-binding, delivery times are always given without obligation and at our discretion within the scope of our production capabilities. Orders are only accepted in accordance with and subject to the terms and conditions of our written order confirmation. For each quilting order, the type of quilting must be clearly specified in writing (accompanying note). Goods entrusted to us for processing are not insured against any risks, including natural hazards. If the economic situation of a client changes during the term of a contract, we are entitled to renegotiate during the performance phase and, if necessary, to stop any outstanding deliveries or withdraw from the contract.

Prices

Our stated euro prices for goods and services are net, excluding sales tax, excluding other discounts, Incoterms 2020. If the cost factors relevant to pricing change significantly in the period between the conclusion of the contract and the contractually agreed date of delivery/service, we shall be entitled to renegotiate the offer or order confirmation, otherwise we may withdraw from the contract.

Invoicing and terms of payment

The invoice shall be issued on the date of delivery or provision of the goods. The agreed term of payment shall commence from this date. In the event of late payment, we shall charge 8% interest on arrears. We shall not be obliged to make any further deliveries under any current contract until the invoice amounts due have been paid in full. The customer shall only be entitled to offset our claims against undisputed claims. We may withdraw from the contract with regard to outstanding partial deliveries if the customer is in default of timely acceptance or payment. In this case, we shall be entitled to dispose of the remaining goods elsewhere at the customer's expense.

Delivery quality

With regard to the suitability and processing of our products, we will advise you to the best of our knowledge prior to delivery, but cannot assume any guarantee or legal consequences for specific uses of the goods we deliver, unless expressly agreed otherwise in individual cases. The content of our technical descriptions does not form part of the contract unless the customer or we expressly refer to it.

Dimension and weight tolerances

We reserve the right to exceed or fall short of the order quantity by 10% due to production-related reasons. Such fluctuations do not constitute defects. This applies both to fluctuations within a production batch and to different production batches of the same quality. Dimensional deviations of up to +/-3 % are deemed to have been accepted by the customer due to the high elasticity of our products. The raw widths of goods to be quilted must be determined in consultation with us in such a way that the finished widths requested by the customer can be achieved technically. If raw widths that are too small are delivered, we shall not be liable for any resulting defects or damage. In the event of justified complaints, replacements shall be delivered free of charge, provided that the goods have not already been processed. We are not obliged to provide replacements for items in which defective goods have been processed. Further claims for damages or compensation for lost profits are expressly excluded.

Goods provision, delivery, and storage

We deliver the goods in standard packaging domestically “EXW” (Incoterms 2020) and internationally CPT. If it has been agreed that we will organize shipping for EXW, this will always be on behalf of the customer, at their expense and risk, using a fast, secure, and cost-effective transport service that is customary in the region. The customer must arrange for value insurance separately. It is agreed that we will charge the customer for the pure transport costs. Losses or damage during transport must be reported by the customer directly to the carrier immediately upon receipt by means of a statement of facts.

Goods reported by us as ready for shipment must be called off by the customer as agreed. If no call-off is made, we shall be entitled to store the goods at our discretion at the expense and risk of the customer and to charge them as EXW. If the customer delays collection of goods stored by us and ready for shipment, the risk shall pass to the customer upon receipt of the notification of readiness for shipment.

Complaints and compensation for damages

Delivered goods must be inspected immediately for defects. Losses or damage during transport must be reported by the customer directly to the carrier immediately upon receipt by means of a statement of facts. Defects that are not immediately apparent must be reported in writing within 14 days of discovery, and in any case within 30 days of receipt. Once the delivered goods have been cut to size or otherwise processed, any complaints regarding obvious defects are excluded.

Property rights

Our quilting patterns, dimensional drawings, and descriptions are our property and may not be disclosed without our prior written consent. When ordering items not listed in our catalog that are provided to us based on sketches or documents supplied by the customer, the customer is responsible for ensuring that the manufacture of these items does not infringe on any third-party property rights or patents. The customer shall indemnify and hold us harmless. If any third-party property rights are nevertheless asserted, we shall not be obliged to verify the validity of these claims, but shall be entitled, to the exclusion of all claims for damages by the customer, to discontinue production of the delivery items and to claim reimbursement of the costs incurred. The client shall be fully liable for any direct or indirect damages incurred by us as a result of the infringement or assertion of property rights. We shall be entitled to claim reasonable advance payment of any legal costs. We shall be free to publish all delivery items or goods or samples from our production in any manner after the “season.”

Product liability

Any recourse claims against us under product liability law within the meaning of the PHG (Product Liability Act) are excluded, unless the party entitled to recourse can prove that the fault was caused within our sphere of influence and was at least due to gross negligence.

Retention of title

All delivered goods remain our property until all claims have been settled, even if they have been processed. If they are combined or processed with items that do not belong to us, we acquire co-ownership of the new item in proportion to the invoice value of our reserved goods to the total value. In the event of resale before full payment of the goods belonging to us or the new item manufactured from them, the customer must inform its customers of our ownership.

Warranty and liability

We guarantee the quality of the material and the proper execution, taking into account customary deviations in quality, color, width, weight, finish, or design, etc., or minor, technically unavoidable waste. We accept no liability for defects and damage unless these are due to intent or gross negligence, nor for defects attributable to the nature of the base material, provided these were already present when the goods arrived at our factory. We accept no liability for incorrect or incomplete information provided when placing the order or on accompanying delivery notes. The assignment of warranty claims to third parties is excluded. If warranty claims exist due to a defect, we may, at our discretion, effect improvement (repair or addition of the missing item), or replacement of the item, or reduce the remuneration appropriately, or cancel the contract. Instead of a price reduction, we are entitled to issue the customer with a credit note corresponding to the amount of the reduction and to withdraw from the contractc. In the event of slight negligence, we shall only be liable for personal injury. In the event of gross negligence, we shall only be liable for personal injury and property damage, but not for financial loss or loss of profit. If there is a claim for damages, our liability shall be limited to the amount of the agreed remuneration for goods or services; rejected goods must be presented to us. Insofar as our liability is not excluded, we must first be given the opportunity to repair or replace the goods, at our discretion. In the event of a replacement delivery or other necessity, the customer shall provide us with the necessary raw materials at cost price, at which they can be manufactured or purchased.

When placing orders with suppliers we always order in accordance with Incoterm 2020 “DAP, A-6067 Absam, Rhombergstraße 9.”

Place of fulfillment and the place of jurisdiction is Innsbruck, Austria, and the language of business is German. As of August 2025