General Terms and Conditions

1.) Scope of the general terms and conditions and deviations

a) The following general terms and conditions apply for all current and future contracts between the customer and the engineering firm.

b) Deviations from these terms and in particular terms presented by the customer only apply if they are explicitly recognised and approved in writing by the engineering firm.

c) As long as the contracts with consumers are concluded according to the Austrian buyer protection act, the binding provisions of this act have priority over the following general terms and conditions.

 

2.) Offers, side agreements

a) The offers of the engineering firm, unless specified otherwise, are unbinding and apply to all the specified data including the fee.

b) Should an order confirmation of the engineering firm contain changes to the contract, these will be apply as approved by the customer, as long as said customer does not object in writing. 

c) Any agreements as a rule require written form. 

 

3.) Order placing

a) The nature and extent of the service agreed result from the contract, power of attorney and these general terms and conditions.

b) Changes and supplements to the contract require written confirmation by the engineering firm to become subject of this contractual relationship.    

c) The engineering firm commits to the proper implementation of the contract awarded in accordance with the generally accepted engineering standards and the principles of sound financial management.

d) The engineering firm can enlist the services of others to fulfil the contract and place orders on behalf and for the account of the principle. The engineering firm is however obligated to inform the customer of such intent in writing and provide the customer with the possibility to reject an order to a third party within 10 days.

d) The engineering firm can enlist the services of others as subcontractors to fulfil the contract and place orders on behalf and for the account of the principle. The engineering firm is however obligated to inform the customer in writing if it intends to have a subcontractor work on the contract and provide the customer with the possibility to reject a contract with a subcontractor within one week. If this is the case, the engineering firm must work on the contract on its own.

 

4.) Warranty and damage compensation

Warranty claims can be filed only after a complaint has been made. Complaints must be sent in a written letter within 14 days from the date of service or partial service.

b) Claims for changes or price reductions are excluded. Claims for improvements or replacements of missing parts are to be carried out by the engineering firm within a reasonable time which in general should be a third of the time agreed to perform the service. A claim for damage due to delay cannot be invoked within this time.

c) The engineering firm shall perform its services with the diligence expected of it as a professional company (§ 1299 Austrian Civil Code - ABGB)

 

5.) Withdrawing from the contract

a) Withdrawal from the contract is permitted for exceptional reasons.

b) In the case of a delay with a service on the part of the engineering firm, a withdrawal by the principle is possible only after extending a reasonable grace period; this grace period should be agreed in writing. 

c) In the case of a delay by the customer with a partial service or an agreed collaboration activity which makes fulfilling the contract by the engineering firm impossible or significantly impede activity, the engineering firm is entitled to withdraw from the contract.

d) If the engineering firm is entitled to withdraw, it reserves the right to claim the entire fee agreed, also in the case of an unjustified withdrawal on the part of the customer. Furthermore, § 1168 of the ABGB applies; in the case of a justified withdrawal by the customer, the services already performed by the engineering firm should be honoured.

 

6.) Professional fees, scope of service

a) In not otherwise indicated, professional fees are expressed in EURO.

b) Sales tax (VAT) is not included in the professional fees provided, this is payable by the customer separately.

c) Offsetting claims with any counterclaims is not permitted, for whatever reason.

d) Unless otherwise agreed, the “Non-binding calculation recommendations” published by the engineering firm’s trade association constitute a part of the contract.

 

7.) Place of fulfilment

Place of fulfilment for all office services is the office of the engineering firm.

 

8.) Confidentiality

a) The engineering firm is committed to maintaining the confidentiality of any information provided by the customer.

b) The engineering firm is also committed to maintaining the confidentiality of the customer’s planning activities, as long as the customer has a legitimate interest in such confidentiality. Once the contract is completed, the engineering firm is entitled to publish the work related to the contract in its entirety or partially for promotional purposes, as far as nothing else in agreed.

 

9.) Protection of plans

a) The engineering firm reserves all copyrights and usage rights to all documentation created by the firm (in particular plans, brochures, technical documentation).

b) Any use (especially processing, design, reproduction, distribution, public display, provision) of the documentation or a part thereof is permitted only with the explicit approval of the engineering firm. All documentation may be used only for placing an order or purposes specifically defined in a subsequent agreement.

c) The engineering firm is entitled and the customer obligated to provide the name (company name, trade name) of the engineering firm in any publications or announcements referring to the project.

d) In the case of acts contrary to these provisions for the protection of documentation, the engineering firm has the right to a penalty amounting to the double the respective fee for unauthorised use, whereas the right to assert claims for damage shall remain unaffected. The penalty is not subject to judicial mitigation. The burden of proof that the customer did not use the documentation of the engineering firms lies with the customer.

 

10.) Applicable law, place of jurisdiction

a) For contracts between the customer and the engineering firm, Austria law applies exclusively.

b) For all disputes arising from this contract, the court with jurisdiction over the subject matter in the engineering firm’s customer place of business applies.