General Purchasing Conditions

of NoviTech GmbH Vehicle Dashboard Folders

§1 Scope
(1) These purchasing conditions apply to NoviTech GmbH Salzburg, registered in the Commercial Register under FN 288240h (hereinafter “NoviTech”).

(2) These purchasing conditions apply to the exclusion of any general terms and conditions of business and delivery of the contractor or supplier (hereinafter “Supplier”) to all purchase, work and supply contracts, as well as all other contracts relating to services provided to NoviTech (hereinafter “Supply Contracts”). Any conflicting terms and conditions of purchase and delivery of the Supplier shall not be binding on NoviTech even if NoviTech does not expressly object to them.

(3) These Terms and Conditions of Purchase shall also apply to all further Supply Contracts with the Supplier until they are amended, even if no separate reference is made to them.

§2 Orders
(1) NoviTech is entitled to accept the Supplier’s offers by placing a written order by post, fax or email.

(2) The nature and scope of the services to be provided by the Supplier shall be governed primarily by the supply contract. Notwithstanding any specific provisions in the supply contract and/or any specifications, the goods to be delivered must, as a minimum, possess the characteristics and functionalities stated in the Supplier’s brochures and product descriptions and must be state-of-the-art. The Supplier undertakes to carry out its deliveries or services in accordance with the latest recognised state of the art and to comply with safety regulations and the agreed technical specifications.

(3) Should an order from NoviTech not be confirmed immediately – at the latest within 14 days of receipt – NoviTech shall be entitled to cancel the order free of charge.

§3 Delivery
(1) Goods shall be delivered at the supplier’s expense and risk to the place of performance (§5).

(2) Unless otherwise stipulated in the supply contract, NoviTech reserves the right to determine the route of dispatch, the method of dispatch, the means of transport and the type of packaging.

(3) Where a specific obligation to use a particular carrier has been expressly agreed in individual cases, the supplier is obliged to commission a reliable carrier to deliver the goods.

(4) For materials which, due to laws, regulations, other provisions or due to their composition and their impact on the environment, require special treatment with regard to packaging, transport, storage, handling and waste disposal, the Supplier shall, upon submitting its quotation to NoviTech or at the latest upon receipt of the order by the Supplier, provide a fully completed safety data sheet and an accurate accident information sheet. The Supplier shall take out adequate liability insurance for the transport.

(5) Goods delivered in breach of the contract may be returned at the supplier’s expense and risk. If delivery is repeatedly made in breach of the contract, NoviTech shall be entitled to withdraw from the contract.

(6) Agreed delivery dates are binding and apply in relation to the contractually agreed place of performance. NoviTech is entitled to withdraw from the contract in the event of late delivery. In the event of a delay, NoviTech is entitled to claim a contractual penalty of 0.3% of the delivery sum per working day, up to a maximum total of 10% of the net order value, irrespective of fault. The right to assert further claims remains unaffected. Any right of judicial mitigation is excluded.

§4 Warranty
(1) The obligation to give notice of defects under commercial law (Section 377 HGB) is waived. NoviTech shall notify the Supplier of any defects in writing or verbally within the warranty period at the latest. In the event of defects, NoviTech is entitled to claim additional compensation for expenses rendered futile by the defect. In urgent cases, NoviTech is also authorised to remedy the defects immediately at the supplier’s expense, or to have them remedied by a third party, or, if this is not possible, to procure the goods from another supplier at the supplier’s expense.

(2) The warranty period shall be 24 months from the date of acceptance of the goods or from the date of full performance of the service, unless a longer warranty period applies by law. Defects in the goods and services shall be presumed to have existed at the time of delivery if they become apparent within the warranty period.

(3) The Supplier guarantees that the delivered goods are free from any defects and faults, mechanical defects and faults in workmanship.

(4) Defective goods may be returned at the supplier’s expense and risk.

(5) NoviTech is entitled, at its discretion, to demand from the supplier rescission, a price reduction or – in the case of rectifiable defects – rectification of the defect or the provision of the missing item.

§5 Place of performance
The place of performance is the place of receipt (delivery address) or the place where the service is provided. In case of doubt, NoviTech’s business premises in Salzburg shall be deemed the place of performance.

§6 Terms of payment
Payment shall be made exclusively against a valid invoice. Payments are due within 60 days of receipt of the invoice by NoviTech. In the event that an invoice is issued prior to the agreed delivery date, the agreed delivery date shall be deemed the date of invoicing and receipt shall be deemed to have taken place on the third working day following that date.

§7 Confidentiality
(1) The Supplier is obliged to keep confidential all trade and business secrets, as well as any other information, documents and data carriers belonging to NoviTech, which are entrusted to it or become known to it arising from or in connection with the performance of the contract, and not to use them for its own or third-party purposes, but solely for the lawful performance of its duties within the scope of the respective contract. The Supplier shall also impose a corresponding obligation in writing on the employees it employs to fulfil its obligation, as well as on any other third parties involved by it.

(2) However, the obligation of confidentiality shall not apply to information that is already in the public domain or becomes publicly known without the involvement of the supplier bound by confidentiality. Further statutory obligations of confidentiality remain unaffected.

(3) This confidentiality obligation shall remain in force even after the termination of the contract.

(4) The Supplier shall comply with the relevant regulations on data protection and the maintenance of professional and banking secrecy, and shall only employ staff who are subject to corresponding obligations to perform the services.

§8 Infringement of Property Rights
The Supplier shall be liable for ensuring that its products or services, and the use of its products or services by NoviTech, do not infringe any patents or other intellectual property rights of third parties, either domestically or abroad. Should property rights nevertheless be infringed, the Supplier shall be obliged, at NoviTech’s discretion, either to modify the delivery so that it can be used by NoviTech in accordance with the contract without infringing the rights of third parties, or to indemnify and hold NoviTech harmless against all possible claims by third parties.

§9 Packaging
(1) Packaging must be chosen to be as environmentally friendly as possible. It must be easy to remove and dispose of.

(2) The Supplier is obliged to take back the packaging at its own expense. The place of performance for the Supplier’s obligation to take back the packaging is the place where the goods are handed over or the service is provided.

(3) The use of Euro pallets is permitted.

(4) Notwithstanding the delivery and shipping conditions applicable to transport, the following applies:

– The packaging must be designed in such a way that stresses occurring during transport do not result in damage to the delivered goods. In this regard, a drop from a height of at least one metre must be taken into account.

– The packaging materials used must ensure that shipping containers are stackable as a prerequisite for efficient use of storage space and remain dimensionally stable and undamaged even when stored as bottom layers.

– Shipping containers/cartons must be secured with sufficiently strong fastenings to prevent them from opening accidentally.

– For identification purposes, shipping containers/cartons must be marked with the material number, material description and quantity of the container’s contents. When stacked, this marking must be visible on every container.

§10 Miscellaneous
(1) Insofar as services are to be performed on NoviTech’s premises, the Supplier retains its status as the employer of the staff deployed, with the corresponding authority to issue instructions. However, these staff members are subject to NoviTech’s health and safety regulations.

(2) Any additions, amendments or ancillary agreements to these terms and conditions must be in writing to be valid. This also applies to the waiver of the written form requirement.

(3) Should any individual provisions of these Terms and Conditions of Purchase be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

(4) The parties shall replace any such invalid or unenforceable provision with a new provision that most closely approximates the economic purpose of the invalid or unenforceable provision.

(5) The assignment of rights and obligations arising from the supply contract by the Supplier without the prior written consent of NoviTech is excluded.

(6) The contractual relationship between the Supplier and NoviTech shall be governed exclusively by Austrian law, to the exclusion of the Austrian International Private Law Act (IPRG) and other international conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(7) The court with subject-matter jurisdiction for the City of Salzburg shall have exclusive jurisdiction over any disputes arising from or in connection with the contractual relationship between the Supplier and NoviTech, in particular regarding the formation of the contract.

§11 Code of Business Ethics
NoviTech has committed itself to conducting its business activities free from unlawful, unethical or fraudulent conduct. We expect our suppliers to align their conduct with these ethical and business principles, which are set out in the NoviTech Code of Business Ethics. This includes, in particular, the immediate reporting of unlawful, unethical or fraudulent conduct. To this end, NoviTech has established a system to enable such incidents to be reported quickly and easily. It is expressly prohibited to prevent such reports or to impose adverse sanctions for making them.

As of 2026

Stand 2026