General Terms & Conditions
for wood fuel and timber trade

The following terms apply to every quotation we issue and every goods we put on a truck. They are written to be read, not skimmed past — if any clause is unclear for your kind of order, ask us before signing and we will put the practical answer in writing.

1 Scope of Application

These General Terms and Conditions (GTC) apply to all offers, quotations, supply contracts, deliveries, and related services of BVG Firewood KG, a limited partnership (Kommanditgesellschaft) registered with the Regional Court Ried im Innkreis under FN 607526x (EUID: ATBRA.607526-000), business address Stötten 8, 4941 Mehrnbach, Austria (industry code C 16.26-0 — fuels from plant biomass). They govern sales to commercial buyers, resellers, and private consumers across Europe.

They also apply to all future business relations, even if not expressly agreed again. Terms of the buyer that conflict with or deviate from these GTC only apply if we confirm them in writing for the individual contract. Verbal side agreements are effective only once we confirm them in writing or by email.

2 Quotations & Conclusion of Contract

Quotations issued through our website enquiry, by email, or by telephone are non-binding until confirmed with a formal Proforma Invoice or Sales Confirmation. Quotations are prepared from the product, species, packaging, and destination postal code you give us; freight is calculated per delivery postal code, so a complete destination address is part of every binding quote.

• Prices quoted are valid for the validity period stated on the quotation. Where no period is stated, 14 calendar days apply.
• A contract is concluded when we accept your order in writing (Proforma Invoice, Sales Confirmation, or written order confirmation by email).
• Product descriptions, dimensions, moisture levels, packaging weights, and stacking norms on our product pages are approximate trade data, verified against the applicable EN / DIN / EPAL norms where the product carries such certification.

3 Prices & Payment Terms

All prices are quoted in Euros (EUR) and shown on the invoice with any applicable VAT (UST/MwSt.) stated separately. Freight, packaging, and, where booked, tail-lift or unloading services are itemised as separate lines on the quotation and invoice — we do not bury transport costs in the goods price.

• Payment terms are stated on each invoice. Unless otherwise agreed in writing, payment is made by bank wire transfer to the account stated on the invoice, against the transport and certification documentation issued with delivery.
• New customers and large first orders may be asked to pay in advance or against proforma before dispatch; we agree this openly at the quotation stage, never at the loading dock.
• In the event of late payment, statutory default interest may be charged. We reserve the right to make further deliveries dependent on settlement of open invoices.
• The buyer may only offset claims that are legally established or undisputed.

4 Delivery, Freight & Transfer of Risk

Delivery terms (e.g. DAP, FCA, CIP under the current Incoterms) are agreed individually in each order confirmation. We deliver full truckloads (FTL) and consolidated part loads, with tail-lift curbside delivery available for orders that arrive by smaller vehicle.

• Delivery dates are given as expected dispatch or arrival windows. If a date we promised as binding is missed by more than a reasonable grace period and the delay is our fault, the buyer may — after setting a written extension of at least 14 days — withdraw from the affected part of the contract. Further claims for delay are limited to the direct, proven damage.
• Partial deliveries are permissible if reasonable for the buyer, for example when a mixed order is booked on separate trucks.
• Tail-lift curbside deliveries require a clear, accessible, paved approach road suitable for heavy freight trucks and a responsible person present to accept the goods. If the delivery vehicle cannot reach or unload at the agreed address for reasons within the buyer's sphere (access, weight limits, missing unloading equipment), the resulting costs are borne by the buyer.
• For full trailer loads, buyers are responsible for adequate unloading equipment (e.g. forklift) unless an unloading service has been expressly booked with us in writing.
• Risk passes to the buyer at the point in time and place resulting from the agreed Incoterms. In the absence of an agreed term, risk passes on handover of the goods to the carrier.

5 Product Quality & Certification

We state openly what every product is and what it carries:

• Kiln-dried firewood is dried to a residual moisture of below 18% at the time of dispatch.
• Wood pellets sold as ENplus A1 or DINplus are supplied from audited production and accompanied by the corresponding certificate references on request.
• Pallets sold as EPAL are EPAL-licensed products and comply with EPAL interchange conditions.

Firewood, sawn timber, and logs are natural products. Minor deviations in length tolerance, split geometry, bark share, and colour are inherent to the material and not defects, provided the stated specification is met. Residual moisture can shift slightly in storage after handover, depending on the buyer's storage conditions; our moisture specification refers to the state at dispatch from our yard.

6 Inspection, Claims & Retention of Title

Transport inspection: Delivered goods must be inspected immediately upon arrival. Visible damage to crates, pallets, or packaging must be noted directly on the freight transport document (CMR) before the driver departs, and reported to us within 48 hours by email to [email protected] with photographs. A consignment properly noted on the CMR is deemed accepted in the condition so recorded; the claim route then runs through the carrier or transport insurance as agreed in the order confirmation.

Hidden / non-visible defects: Defects that are not apparent at delivery (e.g. moisture above specification discovered on splitting the stack) must be reported in writing without delay after discovery, and within a reasonable period, accompanied by evidence such as moisture measurements and photos.

Warranty: Statutory warranty provisions under Austrian law apply to consumers. For business buyers, we remedy warranted defects at our choice by replacement goods or price reduction. The buyer must give us the opportunity to assess the goods before any resale of the affected batch where practicable.

Retention of title: Delivered goods remain our property until full payment of the purchase price including all incidental claims. Notwithstanding retention of title, the buyer may resell the goods in the ordinary course of business.

7 Consumer Orders & Right of Withdrawal

For private consumers domiciled in the EU, the following applies in addition:

• Consumers generally have a statutory 14-day right of withdrawal for distance and off-premises contracts, starting from the day the goods come into their possession. Goods made or cut to individual specification (custom lumber profiles, custom stacking) are exempt from withdrawal to the extent provided by law.
• A withdrawal can be declared in text form (email to [email protected] is sufficient) without giving reasons within the period. The return shipment of goods, if applicable, follows the instructions we send with the confirmation of withdrawal.
• The statutory warranty (Gewährleistung) and other mandatory consumer rights are not affected by these GTC.

8 Liability

We are liable without limitation for intent and gross negligence, for personal injury, and under mandatory product liability provisions. In the case of simple negligence, we are liable only for breach of essential contractual obligations (cardinal duties) and limited to the foreseeable damage typical for this type of contract, in any event to the net order value of the affected consignment. Liability for indirect damage, loss of profit, or loss caused by improper storage of the goods after handover is excluded to the extent permitted by law.

9 Force Majeure

Events of force majeure — including but not limited to storms and flood damage in the supplying forest districts, official logging or transport bans, border closures, energy rationing affecting kiln operation, and strike action in freight forwarding — extend delivery periods by the duration of the disruption and entitle either party to withdraw from unfulfilled parts of the contract if the disruption continues for more than 60 days and no reasonable alternative fulfilment is possible. We will notify you of such events without undue delay and propose alternatives that keep your project supplied.

10 Governing Law & Jurisdiction

The contract and these GTC are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance is our business address in Mehrnbach; the agreed jurisdiction for all disputes arising from or in connection with contracts with business buyers is the competent court at the seat of the company, Regional Court Ried im Innkreis. For contracts with consumers, the statutory jurisdiction rules apply — including the courts of the consumer's domicile where mandatory law provides.

11 Final Provisions

If any provision of these GTC is or becomes invalid, the remainder of the contract remains unaffected. The invalid provision is replaced by a valid provision that comes closest to its economic purpose. Assignments of the buyer's claims against us require our written consent. Notices under these terms are effectively given in writing or by email to the addresses last used between the parties.