HAASPHALT®

General terms and conditions

of ACH GmbH for deliveries of HAASPHALT® products to business customers. Last updated: October 2026.

This English version is provided for convenience. In case of doubt, the German version shall prevail.

1. Scope

  1. These General Terms and Conditions (GTC) apply to all deliveries and services provided by ACH GmbH (hereinafter “Seller”) to its customers (hereinafter “Buyer”), in particular to products of the HAASPHALT® brand.
  2. The Seller concludes contracts exclusively with entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (UGB). No sales are made to consumers.
  3. These GTC apply exclusively. Deviating or supplementary terms of the Buyer shall not become part of the contract, even if the Seller does not expressly object to them.
  4. In an ongoing business relationship, these GTC also apply to all future transactions without the need to refer to them again.

2. Offers and conclusion of contract

  1. The Seller’s offers are subject to change and non-binding with regard to price, quantity and delivery time.
  2. A contract is only concluded upon the Seller’s written order confirmation or upon delivery of the goods. “Written” also includes email.
  3. Commitments, side agreements and declarations by employees or representatives of the Seller are only effective if confirmed in writing by the Seller.

3. Prices

  1. All prices are in euros ex works or ex warehouse, plus statutory VAT as well as packaging, freight and insurance.
  2. The price list valid at the time of the order confirmation applies. Earlier price lists become invalid when a new price list is published.
  3. Additional costs for urgent and express deliveries, deliveries with a tail lift and deliveries outside normal delivery times shall be borne by the Buyer.

4. Delivery and delivery times

  1. Within Austria, delivery is generally made within 14 working days of the order confirmation. Delivery times to other countries are agreed on a case-by-case basis.
  2. Agreed delivery dates only apply if the Buyer fulfils its obligations to cooperate (e.g. clarification of technical questions, down payments) in good time.
  3. If the Seller is in default of delivery, the Buyer must set a reasonable grace period of at least 4 weeks. After this period has expired without success, the Buyer may withdraw from the contract.
  4. The choice of shipping method and route is at the Seller’s discretion. The components of HAASPHALT® are shipped in compliance with the applicable dangerous goods regulations.
  5. Partial deliveries are permitted insofar as they are reasonable for the Buyer.
  6. Collection by the Buyer is possible by prior arrangement.
  7. If call-off dates are agreed and the Buyer does not accept the goods provided on time, the Seller may demand payment and store the goods at the Buyer’s expense and risk.

5. Force majeure

Events of force majeure and other circumstances for which the Seller is not responsible, such as operational and traffic disruptions, fire, severe weather, shortages of energy or raw materials, strikes, official measures or supply failures of upstream suppliers, release the Seller from its delivery obligations for their duration and to the extent of their effect. If the impediment lasts longer than 3 months, either party may withdraw from the contract.

6. Transfer of risk and transport damage

  1. The risk passes to the Buyer when the goods are handed over to the carrier or, in the case of collection, when they are made available to the Buyer, even if delivery is carriage paid.
  2. Transport damage must be noted on the delivery note or consignment note immediately upon delivery and confirmed by the delivery driver. The Seller must be informed immediately in writing, with photos.

7. Retention of title

  1. The goods delivered remain the property of the Seller until all claims arising from the business relationship have been paid in full.
  2. Asserting the retention of title shall not be deemed a withdrawal from the contract unless the Seller expressly declares this.
  3. The Buyer may neither pledge the goods subject to retention of title nor assign them as security. The Buyer must notify the Seller immediately of any seizure or other access by third parties.
  4. If the Buyer processes or combines the goods subject to retention of title, the Seller acquires co-ownership of the new item in proportion to the value of its goods.
  5. The Buyer hereby assigns to the Seller all claims arising from a resale of the goods subject to retention of title in the amount of the invoice value. The Buyer must record this assignment in its books.

8. Product use and advice

  1. The current technical data sheet, the processing instructions and the safety data sheets are authoritative for the processing of HAASPHALT®.
  2. Technical application advice and information on the website and in brochures are provided to the best of our knowledge but are non-binding. They do not release the Buyer from its own obligation to check whether the goods are suitable for the intended purpose and substrate.
  3. The Buyer is responsible for the proper preparation of the substrate, compliance with the processing conditions (in particular temperature, moisture, mixing ratio and working time) and securing the work site.

9. Warranty and notice of defects

  1. The Buyer must inspect the goods immediately upon receipt. Obvious defects must be reported in writing within 7 days of receipt and in any case before processing; hidden defects must be reported immediately after their discovery (Section 377 UGB). Otherwise, claims under warranty, for damages and on grounds of error are excluded.
  2. Together with the notice of defects, the Buyer must provide the Seller with sufficient samples of the goods complained about, as well as the batch number and photos.
  3. In the case of a justified notice of defects, the Seller shall, at its option, provide replacement with defect-free goods or a price reduction. If the replacement delivery fails, the Buyer may withdraw from the contract.
  4. The following in particular do not constitute a defect:
    • deviations in colour and texture compared with the surrounding asphalt or concrete
    • cracks, detachment or settlement attributable to a substrate that is not load-bearing, damp or contaminated
    • damage caused by failure to observe the technical data sheet, in particular when processing outside the specified temperatures or mixing ratios
    • goods whose expiry date had passed at the time of processing or which were stored improperly
    • natural wear and tear caused by traffic and weather
  5. The Buyer bears the burden of proof that a defect existed at the time of handover.

10. Liability

  1. The Seller is only liable for damage in cases of intent or gross negligence. Liability for slight negligence is excluded. This does not apply to personal injury.
  2. Liability for consequential damage, loss of profit, loss of production, costs of traffic safety measures and closures, and third-party claims is excluded to the extent permitted by law.
  3. Insofar as the Seller is liable, liability is limited in amount to the purchase price of the goods concerned.
  4. Claims for damages become time-barred within 6 months of knowledge of the damage and the party causing it.
  5. The provisions of the Austrian Product Liability Act remain unaffected.

11. Payment

  1. Invoices are payable without deduction within 14 days of the invoice date.
  2. In the event of late payment, the Seller is entitled to charge default interest pursuant to Section 456 UGB as well as the costs of appropriate reminder and collection measures.
  3. The Seller is entitled to demand payment in advance, in particular for first orders, orders from abroad or in the event of justified doubts about the Buyer’s solvency.
  4. The Buyer may only offset claims that have been acknowledged by the Seller or established by a court. The same applies to rights of retention.
  5. Down payments and advance payments do not bear interest.

12. Packaging and pallets

  1. Goods are delivered in single-use containers on pallets. Single-use containers are not taken back. The Buyer is responsible for their disposal in accordance with local regulations.
  2. Euro pallets must be exchanged upon delivery. If the Buyer does not provide equivalent exchange pallets, €15.00 plus VAT will be charged per pallet.

13. Return of goods

Defect-free goods will only be taken back with the Seller’s prior written consent and under the following conditions:

  • The goods have a remaining shelf life of at least 6 months.
  • The goods and packaging are unopened and in perfect condition.
  • The return is made at the Buyer’s expense and risk.

The Seller determines the amount of the credit note. It amounts to a maximum of 50% of the value of the goods.

14. Data protection

The Seller processes the Buyer’s personal data exclusively for the purpose of handling the business relationship and in accordance with the GDPR. Further details are set out in the privacy policy.

15. Choice of law, place of performance and jurisdiction

  1. Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.
  2. The place of performance for delivery and payment is the Seller’s registered office in Pörtschach, Austria.
  3. The exclusive place of jurisdiction for all disputes arising from this contract is the court with subject-matter jurisdiction for Klagenfurt, Austria. However, the Seller is also entitled to sue the Buyer at the Buyer’s general place of jurisdiction.

16. Final provisions

  1. Amendments and additions to the contract, as well as any waiver of this formal requirement, must be made in writing.
  2. Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
  3. ACH GmbH reserves the right to amend these GTC. The version valid at the time the contract is concluded applies.

Last updated: October 2026