Last updated: 31 August 2026
These terms apply to business orders placed with AGRO-NEX GmbH. Private orders are not accepted. Individual written agreements in the respective quotation, contract, or order confirmation take precedence.
1. Scope and contracting party
1.1 These General Terms and Conditions of Sale and Delivery apply to all quotations, sales, deliveries, and related services of AGRO-NEX GmbH, Neubaugasse 24, 8020 Graz, Austria, FN 647777 p, VAT ID ATU81884908 (hereinafter “AGRO-NEX”), provided that the contracting party acts, when concluding the transaction, in the course of its entrepreneurial, commercial, agricultural, or self-employed professional activity.
1.2 They apply in particular to machinery, installations, spare and wear parts, agricultural supplies, packaging, feed additives, other merchandise, project-related services and—to the extent provided for in the individual contract—live animals.
1.3 Any terms and conditions of the customer that deviate from these terms apply only if AGRO-NEX has expressly agreed to their application in writing. Silence, delivery, or acceptance of payment does not constitute agreement to the customer’s terms.
1.4 In the event of a conflict, an individual written contract, an order confirmation, or an agreement expressly designated as binding takes precedence.
2. Quotations, orders, and conclusion of contract
2.1 Quotations, calculations, price lists, and other information provided by AGRO-NEX are subject to change and non-binding unless expressly designated as binding in writing.
2.2 A contract is concluded only upon written order confirmation by AGRO-NEX, signature of a contract by both parties, or actual performance of the delivery or service.
2.3 Oral collateral agreements and statements by employees or sales partners become binding only upon written confirmation by AGRO-NEX.
2.4 Changes to or cancellations of an order by the customer require AGRO-NEX’s prior written consent.
3. Scope of performance and product information
3.1 The individual contract and order confirmation determine the nature and scope of performance. Project planning, installation, commissioning, training, permit planning, or other additional services are owed only if expressly agreed.
3.2 Images, drawings, dimensions, weights, performance, consumption, capacity and yield data, and other technical information are indicative values. They constitute a warranted characteristic or guarantee only if AGRO-NEX has expressly confirmed this in writing.
3.3 Technical changes, model changes, customary deviations, and changes made by manufacturers or upstream suppliers remain permissible if they do not materially impair the contractually intended use.
3.4 The customer is responsible for selecting the goods and determining their suitability for the intended use, except to the extent that AGRO-NEX has expressly confirmed in writing their suitability for a specifically described purpose. Information and calculations based on customer data presuppose that such data is accurate and complete.
4. Prices and additional costs
4.1 All prices are net prices, exclusive of value added tax and any other taxes, duties, and charges payable at the applicable statutory rate.
4.2 Unless otherwise agreed, the price does not include packaging, freight, transport insurance, customs duties, import charges, veterinary and health certificates, inspection costs, storage costs, bank charges, documentary credit costs, or other order- or country-specific costs.
4.3 If, after conclusion of the contract, procurement, material, energy, transport, insurance, financing, customs, or levy costs demonstrably increase, or the exchange rate relevant to the calculation changes, for reasons beyond AGRO-NEX’s control, AGRO-NEX may adjust the price by the amount of the actual additional costs. If the total net price increases by more than ten per cent, the customer may withdraw from the part not yet performed within five working days after notification; further claims are excluded.
5. Payment and security
5.1 The payment terms specified in the individual contract or order confirmation apply. In the absence of such a provision, 50 per cent of the net order value is due within five banking days after order confirmation and the remaining amount is due before dispatch or availability for collection.
5.2 A payment is deemed made only upon irrevocable credit to the account designated by AGRO-NEX. The customer bears the costs and risks of the payment method.
5.3 The customer may set off only undisputed claims or claims finally established by a court. A right of retention may be exercised only in respect of claims arising from the same contractual relationship.
5.4 In the event of late payment, the customer owes the statutory default interest for business transactions, currently 9.2 percentage points above the base rate, as well as the statutory lump sum and all reasonable enforcement and collection costs. AGRO-NEX reserves the right to prove greater damage.
5.5 If payment deadlines are not met or, after conclusion of the contract, there are justified doubts about the customer’s ability or willingness to pay, AGRO-NEX may suspend all outstanding performance, demand advance payment or suitable security, and withdraw from the contract after an appropriate grace period has expired without result. In such a case, all outstanding claims become immediately due.
5.6 Payments are applied first to costs, then to interest, and subsequently to the oldest claim in each case.
6. Delivery and performance periods
6.1 Delivery and performance dates are non-binding target dates unless a date has expressly been confirmed in writing as a fixed date.
6.2 Periods begin only once all technical and commercial issues have been clarified, the necessary documents and permits are available, agreed advance payments have been received in full, and agreed security has been provided in full.
6.3 AGRO-NEX is entitled to make early deliveries and reasonable partial deliveries. Each partial delivery may be invoiced separately.
6.4 If the customer delays cooperation, approval, payment, acceptance, unloading, or collection, periods are extended accordingly. The customer bears the resulting additional costs and risks.
7. Force majeure and supply-chain disruptions
7.1 Events outside AGRO-NEX’s reasonable control release AGRO-NEX from its performance obligation for the duration and to the extent of their effects. These include, in particular, natural events, extreme weather, fire, war, terrorism, unrest, strikes, epidemics, animal disease outbreaks, quarantine, official measures, export or import restrictions, sanctions, breakdown or unavailability of means of transport, flight cancellations, border closures, energy or raw-material shortages, cyberattacks, disruptions to banking or payment transactions, and late or defective supply to AGRO-NEX itself despite careful selection of the upstream supplier.
7.2 Agreed periods are extended by the duration of the disruption and an appropriate restart period. If the disruption lasts longer than 90 days, AGRO-NEX may terminate the affected part of the contract in whole or in part. Claims for damages by the customer due to such events are excluded.
8. Customer’s duties to cooperate
8.1 The customer provides, in good time and at its own expense, all information, permits, licences, certificates, and approvals required for manufacture, export, import, transport, authorisation, installation, commissioning, and use, unless AGRO-NEX has expressly assumed responsibility for them.
8.2 The customer ensures safe and suitable access, unloading, storage, installation, and operating conditions and provides the necessary personnel, equipment, energy, and utilities. The customer is responsible for delays or damage resulting from incorrect information or unsuitable conditions.
9. Delivery, transfer of risk, and Incoterms
9.1 If an Incoterms rule is agreed in the individual contract, it applies in the Incoterms® 2020 version, including the place specified therein. In particular, it governs the allocation of costs and transfer of risk but does not replace the other contractual provisions.
9.2 In the absence of an express delivery rule, delivery is made FCA (Incoterms® 2020) at the place of dispatch notified by AGRO-NEX. In the case of direct delivery, this may be the plant or warehouse of the manufacturer or upstream supplier.
9.3 If the customer delays acceptance, collection, or unloading, risk passes to the customer upon notification that the goods are ready for delivery. AGRO-NEX may store the goods at the customer’s expense and risk or hand them over to a suitable third party.
9.4 Transport insurance is taken out only upon express written instruction and at the customer’s expense.
9.5 For live animals, the selection, veterinary, quarantine, transport, and acceptance conditions specified in the individual contract additionally apply. Natural biological fluctuations occurring after the transfer of risk and any future performance, development, pregnancy, or health not expressly warranted do not constitute a warranted characteristic.
10. Retention of title
10.1 The goods remain the property of AGRO-NEX until full payment of the purchase price and all associated costs, interest, and expenses.
10.2 The customer must handle goods subject to retention of title with due care, insure them adequately, and store them separately and visibly identified as the property of AGRO-NEX. AGRO-NEX must be informed immediately of attachments, seizures, or other access by third parties.
10.3 Resale is permitted only in the ordinary course of business. The customer hereby assigns to AGRO-NEX the claims arising from resale up to the amount of all outstanding claims. AGRO-NEX accepts the assignment. Processing of the goods or their combination with other items is carried out for AGRO-NEX on a pro rata basis to the extent legally permissible.
10.4 In the case of cross-border delivery, the customer must take all steps required under the law of the country of destination to ensure that the retention of title remains valid and enforceable.
11. Inspection and notice of defects
11.1 The customer must properly inspect the goods immediately upon receipt. Apparent defects, shortages, or incorrect deliveries must be reported to AGRO-NEX in writing no later than five working days after receipt; hidden defects no later than five working days after their discovery.
11.2 The notice must describe the defect in a comprehensible manner and, where possible, include the order number, serial or batch number, photographs, test reports, and other evidence. Until clarification, the affected goods must not be further processed, modified, installed, or resold insofar as this is reasonable.
11.3 If timely and proper notice is not provided, the goods are deemed accepted in accordance with Sections 377 and 378 of the Austrian Commercial Code (UGB). Returns are permitted only with AGRO-NEX’s prior written consent.
12. Warranty
12.1 The warranty period is twelve months from the transfer of risk unless otherwise agreed in the individual contract. For used goods, warranty rights are excluded except with respect to specific characteristics expressly promised in writing. For live animals, the special provisions of the individual contract take precedence.
12.2 At its discretion, AGRO-NEX may remedy a justified defect by repair, replacement delivery, or an appropriate credit note. The customer may demand a price reduction or termination of the contract only if the remedy selected by AGRO-NEX is impossible, is refused, or definitively fails despite an appropriate period.
12.3 The customer grants AGRO-NEX and the manufacturer reasonable access for inspection and remedial work. Unauthorised repairs or replacement purchases are reimbursed only if AGRO-NEX has agreed to them in writing in advance or they were demonstrably necessary to avert an imminent danger.
12.4 Excluded from the warranty are, in particular, normal wear and tear, improper storage, installation, operation, or maintenance, failure to follow instructions, unsuitable operating materials, excessive strain or loading, modifications or repairs by third parties, and damage caused by external influences.
12.5 The presumption under Section 924 of the Austrian Civil Code (ABGB) and recourse under Section 933b ABGB are excluded to the extent legally permissible. Manufacturer guarantees apply exclusively according to their terms and do not establish any additional guarantee by AGRO-NEX.
13. Liability
13.1 AGRO-NEX has unlimited liability in cases of intent, for personal injury, and under mandatory product liability law. In cases of gross negligence, liability is limited to the typical, foreseeable direct damage and, at most, to the net order value of the affected contract. Liability for ordinary negligence is excluded.
13.2 To the extent legally permissible, AGRO-NEX is not liable for loss of profit, production or use, business interruption, loss of yield, feed or animal performance, financing costs, contractual penalties, indirect damage, consequential damage, or third-party claims.
13.3 The customer is responsible for compliance with local import, authorisation, operating, safety, environmental, feed, veterinary, and other regulations governing use in the country of destination, unless AGRO-NEX has expressly confirmed in writing that it assumes such responsibility.
13.4 Claims for damages must be asserted in court within twelve months from knowledge of the damage and the party responsible, but no later than three years after the transfer of risk or performance of the relevant obligation. Mandatory statutory periods remain unaffected.
14. Documents, intellectual property rights, and confidentiality
14.1 Drawings, calculations, quotations, technical documents, software, images, and other know-how remain the property of AGRO-NEX or the respective rights holder. They may be used only to perform the specific contract and may not be reproduced or made accessible to third parties without consent.
14.2 Non-public commercial and technical information must be treated as confidential. Statutory disclosure obligations remain unaffected.
15. Export control, sanctions, and lawful use
15.1 Performance of the contract is subject to there being no applicable export-control, sanctions, customs, embargo, or other mandatory provisions preventing it. AGRO-NEX may conduct necessary checks and request evidence concerning the end customer, final destination, and intended use.
15.2 The customer may neither directly nor indirectly resupply, make available, or use goods and documents in breach of applicable law. Where there is justified suspicion, AGRO-NEX may suspend performance or terminate the contract without being liable for damages.
16. Cancellation and return
16.1 The customer has no entitlement to cancel, return non-defective goods, or exchange them.
16.2 If AGRO-NEX exceptionally agrees to a cancellation, the customer reimburses all costs incurred up to that point which can no longer be avoided and, in addition, 20 per cent of the net value of the cancelled part of the contract as liquidated damages. The customer may prove that no damage or substantially less damage occurred; AGRO-NEX may prove greater actual damage.
16.3 For goods procured, manufactured or reserved specifically for the customer, or already dispatched, all costs and obligations that can no longer be avoided must in any event be reimbursed.
17. Data protection
Personal data is processed to initiate, perform, document, and administer the contract and to comply with legal obligations. Further information is provided in the Privacy Policy on this website.
18. Governing law, jurisdiction, language, and final provisions
18.1 Austrian law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
18.2 The court having subject-matter jurisdiction in Graz, Austria, has exclusive jurisdiction over all disputes. AGRO-NEX may additionally sue the customer at its registered office or at any other place of jurisdiction provided by law.
18.3 The place of performance for payments is Graz. For deliveries, the place specified in the individual contract or determined under Section 9 applies.
18.4 The German version is legally controlling. Translations are provided for information only.
18.5 If individual provisions are invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision replaces the affected provision; the parties will agree on a permissible provision that comes as close as possible to the economic purpose.