The preparation of a cost estimate does not oblige the contractor to accept an order to carry out the services listed in the cost estimate. If an order is not accepted, the contractor must be reimbursed for any expenses incurred in connection with interventions with authorities, such as permits, commissions, etc., required to prepare a cost estimate. All technical documents remain the intellectual property of the contractor.
OFFERS:
Offers are made in writing.
PRICES:
Occur between conclusion of contract and performance
PERFORMANCE:
The contractor is not obliged to perform the service until all technical and contractual details have been clarified and the client has fulfilled his obligations and created the structural, technical and legal prerequisites for execution.
Required permits from third parties as well as notifications to the authorities or permits from the authority must be arranged by the client – unless explicitly agreed otherwise – at his expense.
PERFORMANCE PERIODS and DEADLINE:
If the start of the performance or the performance itself is delayed and the delay was not caused by circumstances attributable to the contractor’s sphere of rights, agreed performance periods will be extended accordingly or agreed completion dates will be postponed accordingly. The additional costs incurred as a result of delays shall then be borne by the client if the circumstances causing the delay are attributable to his sphere of rights.
ACCEPTANCE:
The contractor must notify the client of the handover date in good time. The client is hereby informed that in the event of his absence, the handover of the service provided is to be regarded as having taken place on the scheduled handover date.
PAYMENTS:
Goods (devices, installation materials) are due upon delivery – unless explicitly agreed otherwise. The client must arrange partial payments in accordance with the progress of the performance at the request of the contractor.
Dunning and exchange charges shall be borne by the client. The offsetting of claims of the client against the contractor with his claim is excluded, unless the contractor has become insolvent or the counterclaim is legally related to the payment obligation of the client, has been legally established or has been recognized by the contractor. In the event of default in payment by the client, the contractor is entitled to charge default interest at a rate of 9% per year; this shall not affect existing claims for compensation for higher interest.
RETENTION OF TITLE:
All delivered and installed goods remain the property of the contractor until full payment has been made. If the client is in default of payment, the contractor is entitled to take back the goods subject to retention of title without this being equivalent to a withdrawal from the contract.
LIMITATION OF THE SCOPE OF SERVICES: (Service description)
Cracks and breaks in pipelines, fittings, sanitary equipment and appliances are possible as a result of unrecognisable stresses or material defects, especially during assembly and repair work.
Wearing parts only have the service life corresponding to the respective state of the art. In the case of makeshift repairs, only a very limited durability can be expected. In the case of dilapidated or non-cohesive masonry, damage is possible due to chiselling work. If the course of pipes laid in the masonry is not recognisable, damage to them is possible due to chiselling work.
SUPPLIED GOODS:
If equipment or other materials are provided by the client, the contractor is entitled to charge the client a percentage of his selling price of these or similar goods, which is 15% for this order. Equipment and other materials provided by the client are not subject to warranty.
WARRANTY:
In contracts with entrepreneurs, the client must notify the contractor of any defect immediately, otherwise he will lose his warranty claim. The contractor may, at his discretion, remedy the defect by repair, subsequent delivery or replacement.
If this is not possible, the contractor may grant the client a reasonable reduction in price. If the defect is a material defect which prevents the ordinary use of the delivered item and this defect is not remedied by the contractor and no reduction in price is granted, the client is entitled to rescission.
Warranty is excluded if the parts affected by the defect have been processed, modified or repaired by the client or by third parties, with the exception of emergency repairs and default by the contractor in fulfilling the warranty.
The legally prescribed warranty on appliances / goods is up to 2 years with delivery / acceptance, depending on the manufacturer
DAMAGES:
The contractor is only liable for culpable damage to the items belonging to the client that he has taken over for processing in the course of the performance.
All other claims of the client, in particular those for compensation for any further damage, are excluded, unless there is gross negligence or intent on the part of the contractor.
PLACE OF JURISDICTION AGREEMENT:
The Regional Court of Korneuburg is agreed for legal disputes.