Terms & Conditions
SMI – Steel Market Intelligence GmbH General Terms and Conditions
Publication from SMI – Steel Market Intelligence GmbH (SMI GmbH) are made available only on the following terms and conditions, which form part of every SMI GmbH agreement. Please read the following terms carefully:
1. General Terms and Conditions / Scope
1.1 All legal transactions between the Buyer and SMI – Steel Market Intelligence GmbH (named SMI GmbH thereafter) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the contract is concluded shall be applicable.
1.2 These General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.
1.3 Any conflicting General Terms and Conditions on the part of the Buyer shall be invalid unless they have been explicitly accepted in writing by SMI GmbH.
1.4 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2.1 SMI sells its Publications only to registered companies on a B2B basis.
2.2 SMI does not sell to consumers and thus all consumer protection laws are not valid.
3. Price / Taxes / Fees
3.1 All prices are in Euro (EUR) and do not include sales tax. They are valid only for the present order. The quoted prices are ex business domicile of SMI GmbH (Reutte, Austria). If reports are requested in printed paper format or on program carriers (e.g. CD’S) the costs of the printout/program carrier as well as the shipping fees to the client shall be billed separately.
3.2 The quoted prices are only valid for the Publication in its existing form (a table of contents is provided for each Publication). The prices do not include any additional services (e.g. any consultancy by telephone or in person, training, etc.). All such services will be charged separately according to the daily or hourly fee of SMI GmbH at the time of the purchase.
3.3 All costs of travel (flights, accommodation, taxi, visa fees, etc.) will be invoiced separately to the Buyer. Transit time is to be considered as working time.
4. Payment / Invoices
4.1 Generally, 100 % pre-payment is required to obtain any SMI GmbH Publication.
4.2 The invoices submitted by the seller are payable at the latest 14 days from receipt of the invoice without any deductions and free of charges. For partial invoices, the terms of payment for the entire order obtain analogously.
4.3 SMI GmbH may raise separate invoices for different SMI Publications or for annual payments where applicable.
4.4 SMI GmbH is entitled to send out invoices electronically. The Buyer agrees explicitly to accept invoices transmitted electronically by SMI GmbH.
4.5 Payment on the agreed-upon dates is an essential condition for delivery and for fulfilment of the contract by SMI GmbH. Failure on the part of the Buyer to comply with the agreed payment schedule entitles SMI GmbH to discontinue current work and to withdraw from the contract. All costs connected therewith are to be borne by the Buyer. In case of delayed payment, interest on payment in arrears will be charged at customary bank rates.
5. Delivery Dates
5.1 In accordance with 4.1 SMI GmbH will send Publications only after the full amount of the invoice was credited to the SMI GmbH’s bank account.
5.2 All delivery dates are approximate and are based on the current project schedule of SMI GmbH a the time of the purchase. As the project schedule can change on a daily basis, Buyers are advised that delayed payment on the part of the Buyer may result in longer delivery times. Delivery times are only confirmed by SMI GmbH after receipt of the payment.
5.3 In the case of orders that encompass a number of Publications, SMI GmbH is entitled to make partial deliveries and to submit partial invoices.
6.User restrictions and copying
6.1 Buyers shall not copy, transmit or disclose any SMI Publication, whether in print or electronic or other form, or any information therein. All rights in SMI GmbH Publications are reserved to SMI GmbH.
6.2 Buyers shall use all information contained in any SMI GmbH Publication solely for their own internal business purposes. Buyers shall not disclose any such information (also parts of the information) to any other person, and shall take all reasonable measures to ensure its security.
6.3 Buyers shall allow access to all SMI Publications (in any printed or electronic format) only to employees of the Buyer. If an employer leaves the Buyer’s company, the Buyer has to ensure that no copy of an SMI Publication or parts thereof are transferred to a new employer.
6.4 All SMI GmbH Publications shell only be used within the premises of the Buyer’s office. The usage of any Publication or parts thereof in branch offices or associated companies of the Buyer requires the written approval of SMI GmbH.
6.5 Customer may create one single print copy of any SMI GmbH Publication delivered electronically, for purposes of internal circulation only within the premises of the Buyer’s office, and may make one back-up copy of such a Report.
7.Cancellation by the Buyer
7.1 Cancellation by the Buyer is only possible before the Publications were submitted the Buyer with the written agreement of SMI GmbH. If SMI GmbH agrees to the cancellation, it is entitled to charge not only for services rendered and accrued costs, but also a cancellation fee that represents 30% of the value of the total order not yet settled.
7.2 After the Publication was made available to the Buyer in printed, electronic or any other form, the Buyer cannot cancel the order or claim a refund of the purchasing price.
8. Warranties, Liability
8.1 SMI GmbH has made every reasonable effort to ensure that the information presented within its Publications is accurate and was obtained from reliable sources but it may include errors or inaccuracies. The reader is advised that the material contained within the Publications is for general information purpose only. In no event shall SMI or its staff be liable or responsible to any person for any special, indirect or consequential loss, damage, or injury, resulting from the use of the information contained in any Publications of the company in printed, electronic or any other format, unless caused by gross negligence or intentional misconduct.
8.2 The information within the SMI GmbH Publications is provided "as is" and without warranty of any kind. It is the Buyer’s responsibility to verify the accuracy, completeness and fitness of all details, services and other information provided on the website relative to the Buyer’s purpose, before acting upon them.
9. Final Provisions
9.1 Modifications of and amendments to these General Terms and Conditions shall be made in writing.
9.2 If not otherwise agreed, the statutory regulations applicable to registered merchants are exclusively those in force under the law of the Republic of Austria. This is the case also when the order is carried out outside of Austria. In case of conflict, it is agreed that only the responsible local court in the SMI GmbH’s place of business has jurisdiction.