Conditions
1. Validity of general terms and conditions (GTC)
Unless expressly agreed otherwise, our general terms and conditions announced to the contractual partner apply.
Our contractual partner agrees that if he uses the General Terms and Conditions, our terms and conditions are to be assumed in case of doubt, even if the contractual partner's conditions remain uncontradicted.
In this respect, actions on our part to fulfill the contract do not constitute consent to contractual conditions that deviate from our conditions. If any ambiguities remain in the interpretation of the contract, these must be resolved in such a way that the contents that are usually agreed in comparable cases are deemed to have been agreed.
Danger! The contractual terms and conditions overleaf will become part of this contract upon your signature, provided we can prove that you have actually read them and agreed to them.
2. Offer
Our offers are subject to change.
3. Protection of plans and documents / confidentiality
Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like remain our intellectual property. Any use, in particular the distribution, reproduction, publication and making available, including copying, even of only extracts, requires our express consent.
All of the documents listed above can be requested back by us at any time and must in any case be returned to us immediately without request if the contract is not concluded.
Our contractual partner also undertakes to maintain the confidentiality of the knowledge gained from the business relationship from third parties.
4. Price (purchase price, wages)
Unless otherwise agreed, we are entitled to invoice the work to be provided by us based on the actual amount incurred and the expenses we incur as a result. These invoices must be paid within 14 days of receipt of the invoice.
If no justified objection is raised in writing against our invoice within 2 weeks, it is considered approved.
We are expressly entitled to make partial invoices if the service is provided in parts.
Unless otherwise expressly stated, all prices quoted by us are exclusive of sales tax. In the event of offsetting, the statutory sales tax will be added to these prices.
4.1. Value protection clause
Stability of value of the claim including additional claims is expressly agreed. The consumer price index published monthly by the Austrian Central Statistical Office or an index that replaces it serves as the measure for calculating the stability of value.
The index number calculated for the month in which the contract was concluded serves as the reference value for this contract. Fluctuations in the index number up or down up to 15% are not taken into account and will only be charged in full if this margin is exceeded. This margin must be recalculated each time it is exceeded, up or down, whereby the first index number outside the applicable margin must always form the basis for both re-determining the claim amount and for calculating the new margin. The resulting amounts must be commercially rounded to one decimal place.
If it is a consumer transaction, no price changes will be invoiced during the first two months from the conclusion of the contract - unless these have been expressly negotiated in detail.
5. Terms of payment (due date, partial payment, discount)
The buyer/work orderer undertakes to pay the purchase price/work wages in full upon conclusion of the contract.
6. Late payment interest
Even if the buyer/work orderer defaults on payment through no fault of his own, we are entitled to charge default interest at an annual rate of 10% above the base interest rate; This does not affect claims for compensation for proven higher interest.
7. Transport - Assumption of risk
Unless expressly agreed otherwise, our contractual partner bears the costs and risk of transport for deliveries.
Alternative:
The buyer bears the costs of transport. The risk of transport passes to the buyer as soon as the goods are delivered to him or to a third party designated by him and other than the carrier. If the buyer has concluded the transport contract himself without using any of the options offered, the risk is transferred to the carrier or the buyer upon delivery of the goods.
8. Retention of title
The goods remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been informed of this in good time in advance, stating the name or company and the exact business address of the buyer, and if we agree to the sale. If we agree, the purchase price claim is deemed to have been assigned to us and we are authorized to inform the third-party debtor of this assignment at any time. If we have a number of claims, the debtor's payments will primarily be allocated to those of our claims that are no longer secured by retention of title or other means of security.
In the event of default, we are entitled to assert our rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
9. Place of performance
The place of performance is both for our service and the consideration... (e.g. company headquarters, address, if necessary exact details of the location such as shelf, construction site, etc.).
10. Non-fulfillment/delay in delivery and performance
In any case , the buyer /work orderer must accept minor delivery deadline delays without being entitled to a claim for damages or a right of withdrawal .
11. Unilateral performance changes
Objectively justified and appropriate changes to our performance or delivery obligation, in particular reasonable delivery times or short-term payment deadlines exceeded on our part, are deemed to have been approved in advance.
We can make objectively justified and minor changes that do not affect the price. This applies in particular to such delivery deadlines being exceeded. If the actual deadline exceedance can be estimated, but at the latest one week before the originally agreed delivery date, we will announce how long the delay can be expected.
1 2 . 1 . General changes Any objectively justified changes to our services or delivery obligations that affect both parties and do not affect the price will be examined and discussed by both parties in good faith . We will endeavor to reach agreement on such changes .
1 2 . 2 . Exceeding delivery deadlines In the event of exceeding delivery deadlines that affect our site , we undertake to inform the buyer /work orderer as early as possible and to provide a clear estimate of the delay . Together we will develop solutions to minimize the impact of the delay and ensure that delivery goes as smoothly as possible .
13. Damages
Apart from personal injury, we are only liable if the injured party can prove that we were grossly negligent.
14. Damages
1 4 . 1 . Limitation of liability Our liability for damages is regulated as follows :
a ) We are fully liable for damage caused by us intentionally or through gross negligence .
b ) We are only liable for damages caused by simple negligence on our part if essential contractual obligations are breached . Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance you as a customer can rely . In this case, our liability is limited to foreseeable , contract-typical damage .
c ) We are liable for personal injuries in accordance with the statutory provisions .
15. Offsetting
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency or to counterclaims that are legally related to our claim, have been determined by a court or have been recognized by us. In these cases, consumers have the option of offsetting.
16. Prohibitions of refusal of performance and prohibitions of retention
Justified complaints do not entitle the customer to withhold the entire invoice amount, but rather only a reasonable portion of it.
17. Formal requirements
All agreements, subsequent changes, additions, side agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.
Declarations, notifications, etc. addressed to us - with the exception of notifications of defects - must be in writing in order to be legally valid, including the original signature or a secure electronic signature.
18. Choice of Law
Austrian substantive law applies to this contract.
19. Place of Jurisdiction Agreement
The court having jurisdiction at our company's headquarters has local jurisdiction to decide all disputes arising from this contract. However, we also have the right to sue at the contractual partner's general place of jurisdiction.
For all actions brought against a consumer whose domicile, habitual residence or place of employment is within the country due to disputes arising from this contract, one of the courts in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction. For consumers who are not resident in Austria at the time the contract is concluded, the statutory places of jurisdiction apply.
20. Arbitration Agreement – Arbitration Clause
Any dispute or claim arising out of or in connection with this Agreement, including disputes regarding its validity, breach, dissolution or invalidity, shall be settled in accordance with the Arbitration Rules (Vienna Rules) of the International Arbitration Institution of the Austrian Economic Chamber (VIAC) of one or three The final decision is made by the arbitrators appointed according to these rules.