General Terms and Conditions

All content provided on this website (texts, images, animations, etc.) is protected by copyright and may not be reproduced or distributed without express written permission.

Disclaimer for linked sites

We hereby expressly distance ourselves from all content of all linked pages on our entire website and point out that we have no influence on the design and content of the linked pages, nor do we adopt this content as our own.

I. Validity

The services and offers as well as all contracts concluded with the client (AG) are made exclusively on the basis of these terms and conditions, regardless of the type of legal transaction. All of our declarations of intent under private law are to be understood on the basis of these terms and conditions. Conditions of the client that contradict or deviate from our terms and conditions are not applicable, unless we have expressly agreed to their validity in writing. Actions on our part to fulfil the contract do not constitute consent to contractual conditions that deviate from our terms and conditions. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.

II. Conclusion of a contract

A) Our (fee) offers are non-binding and non-binding. Verbal promises, side agreements and the like that deviate from these terms and conditions or other verbal agreements, in particular those made by employees, deliverers, etc., are not binding on us. The content of the brochures, advertisements, etc. used by us does not become part of the contract, unless expressly referred to. The period of validity of a (fee) offer is generally one month, unless a different period of validity is agreed in the offer.

B) If our order confirmation contains changes compared to the order, these are deemed to have been approved by the contractual partner, unless the contractual partner immediately contradicts them. If offers are sent to us, the person making the offer is bound to it for a reasonable period of at least eight days from receipt of the offer.

C) The content of the contract concluded with the contractual partner results primarily from the written contract including attachments, the power of attorney and these terms and conditions.

III. Fee

A) Our services are measured on the basis of the relevant service target for the subject area, the scope of services, the service time and the circumstances in which the service is provided. If the parameters for the calculation change during the processing time, the services provided will be charged on the basis of the new parameters.

B) Should the wage costs between the conclusion of the contract and the provision of services be due to collective bargaining agreements in the industry or internal agreements, or should other cost centers relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing etc change, we are entitled to increase or decrease the prices accordingly.

C) Additional services due to changes that are not attributable to our sphere and require reworking or reworking of individual areas, in particular as a result of official requirements, changes to relevant regulations and laws and as a result of changed customer requests, are to be additionally remunerated in accordance with the increased scope of services.

IV. Terms of payment, interest on arrears

A) We are entitled to make our claims due by submitting partial invoices, which may include sales tax at the statutory rate. Partial invoices or individual invoices are due within 5 days, the final fee note within 10 calendar days, in each case after receipt of the invoice by the client. Without a special agreement, the deduction of a discount is not permitted.

B) In the event of default in payment, we are entitled to charge default interest at the statutory rate from the due date.

V. Withdrawal from the contract

A) In addition to the general legal reasons, we are also entitled to withdraw from the contract in the event of default in acceptance or other important reasons, such as in particular if the client interrupts the service for more than three months and the client prevents the service Contract entitled. In the event of withdrawal, the provisions of the ABGB apply.

B) In the event of default in payment by the contractual partner, we are released from all further performance and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or securities or - if necessary after setting a reasonable grace period - to withdraw from the contract .

C) If the contractual partner withdraws from the contract - without being entitled to do so - or if he / she unjustifiably requests its cancellation, we have the choice of either insisting on the fulfilment of the contract or consenting to the cancellation of the contract; in the latter case point A) last sentence applies.

D) In ​​the event of a justified withdrawal by our contractual partners, we are only entitled to the remuneration for the services until the withdrawal becomes effective.

E) The withdrawal must be declared in writing by means of a registered letter.

VI. Reminder and collection charges

In the event of default in payment, the contractual partner has to reimburse us for the reminder fees incurred in the amount of € 150 plus postage for each reminder, as well as an amount of € 50 per half-year for keeping records of the obligation in dunning . In addition, we are to be reimbursed by the debtor for all costs and expenses that we incur from the reminder or the collection of due payments, in particular the extrajudicial legal fees etc. necessary for appropriate legal prosecution.

VII. Reservation of title

A) All items and documents (plans, calculations, etc.) are handed over by us under retention of title and remain our property until full payment has been made. In the event of default, we are entitled to take them back at any time.

B) If we reclaim or take back the item subject to retention of title, we shall only withdraw from the contract if this is expressly declared.

C) The AG bears the full risk for the reserved item, in particular for the risk of destruction, loss or deterioration.

VIII. Offsetting prohibition

A) The compensation of any counterclaims with our (fee) claim, for whatever reason, is not permitted.

B) Claims against us may not be assigned without our express consent.

IX. Copyright

A) Regardless of whether the work we have produced (e.g. plans, sketches, models, diagrams, other documentation and documents) is protected by copyright or not, the client shall receive the right to use the work for the contractually stipulated purpose use, only under the condition of the complete fulfilment of the contract.

B) The contractor has the right to use the data and information collected by him / her in the course of order processing (also in digital form) without restriction. In particular, they can also be used to fulfil a new order.

X. Storage or release of documents

A) Original plans, original drawings and documents are generally kept with us, although we can also use the electronic document archive for this. We are obliged to hand over copies of these documents in paper form to our contractual partner at his / her request for reimbursement of costs. If the handing over of documents in digital form is agreed, we do not assume any liability whatsoever. The client has to hold us harmless and harmless in this regard. We assume no liability for errors or damage that could arise on the EDP system of the recipient of the digital data. We use IT programs to avoid aggressive IT programs (viruses, worms, etc.).

B) Our storage obligation ends 3 years after the final fee has been submitted to the client. During this time, we can release ourselves from our duty of safekeeping by handing over the original documents to the contractual partner.

XI. Retention

In the event of a justified complaint, the contractual partner is not entitled to withhold the entire gross fee amount, but only up to a portion of the gross fee that corresponds to the expected repair effort or damage.

XII. Loss of appointments

A) Insofar as the contractual partner has to pay his payment obligation in partial amounts, it is agreed that if only one installment is not paid on time, all outstanding partial services will be due immediately without setting a further grace period.

XIII. Warranty, inspection and notification obligation

A) In the event of a remediable defect, we shall meet the contractual partner's warranty claims either by replacement, repair within a reasonable period or a price reduction, at our option. Claims for damages by the client aimed at remedying the defect can only be asserted if we are in default with the fulfilment of the warranty claims.

B) The contractual partner must notify us in writing of defects that were not complained about in writing at the time of acceptance, but no later than two weeks after their discovery. If a complaint is not made or not made in good time, our service is deemed to have been approved.

C) The warranty period for all services provided by us is two years from the conclusion of the contractually agreed overall service.

XIV. Compensation for damages

A) All claims for damages are excluded in cases of slight negligence. The injured party has to prove the existence of slight or gross negligence.

B) Claims for damages become statute-barred one year from the end of our activity, but at the latest within two years from the submission of the final fee, unless the law provides for a shorter limitation period. The provisions on damages contained in these GTC or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

C) Our plans and other documents may only be used for execution with any other exclusion of claims for damages after any necessary official approval and express approval by us.

XV. Choice of law, place of jurisdiction

Austrian law applies. The applicability of the UN sales law is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. The competent court at our office - District Court of Zell am See - has exclusive local jurisdiction to resolve all disputes arising from this contract.

XVI. Place of performance

The place of performance is our office.

XVII. Change of address

The contractual partner is obliged to notify us of any changes to his / her residential or business address, as long as the contractual legal transaction has not been completely fulfiled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last known address.

XVIII. Severability clause

Should individual provisions of these terms and conditions be or become wholly or partially ineffective or unenforceable, this does not affect the validity of the remaining conditions.