1. APPLICATION OF THE GENERAL CONDITIONS OF BUSINESS AND DIVISIONS
The following general terms and conditions apply to all current and future contracts between the client and SD Engineering e.U. Deviations from these conditions, and in particular the terms and conditions of the customer, shall only apply if they are acknowledged and confirmed by the company SD Engineering e.U. explicitly and in writing. If the contracts are made with consumers i.S. of the KSchG, the mandatory provisions of this act shall be subject to the following general terms and conditions.
2. OFFERS, SUBJECTS
The offers of the company SD Engineering e.U. unless otherwise stated, shall be binding on all data, including the fee. If an order confirmation from SD Engineering e.U. contains changes to the order, these shall be deemed approved by the client, unless the latter immediately objects in writing. Agreements are generally require written form.
The type and the amount of the duties that are agreed upon, originate from the contract, authority and general enterprise conditions. Alterations and additions to the order must be confirmed by SD Engineering e.U. in writing to become part of the contractual relationship in question. SD Engineering e.U. commits itself to carry out the order given to it in accordance with generally accepted rules of technology and the principles of profitability. The company SD Engineering e.U. is entitled to consult other compliant authorities for the fulfillment of the contract and to place orders in the name and on behalf of the customer. However, the company SD Engineering e.U. is obliged to inform the client of this intention in writing and to inform the customer of the possibility to notify the latter of their right to veto this placing of an order to a third party within 6 days. The company SD Engineering e.U. also has the right to hire other contractors as subcontractors and to place orders in the name and on behalf of the engineer's office. The company SD Engineering e.U. is, however, obliged to notify the client in writing of these intentions. To allow contracts to be carried out by a sub-planner and to allow the contracting authority to object to this subcontractor within one week; in this case the company SD Engineering e.U. must execute the order itself.
4. WARRANTY AND DAMAGE
Warranty claims can only be raised after complaints which have to be made exclusively by registered letter within 14 days from delivery of the service or partial service. Claims for conversion and price reduction are excluded. Claims for improvement or supplementation of the missing items are fulfilled by the company SD Engineering e.U. within a reasonable period of time, which may generally be more than one third of the deadline agreed upon for the performance of the service. A claim for delays cannot be made within this period. The company SD Engineering e.U. has to perform its services with the diligence to be expected of it as a professional (§1299 ABGB).
5. RETURN FROM CONTRACT
Rescission from the contract is only permitted for important reasons.
If SD Engineering e.U. is in default with a performance, the customer can only rescind the contract after setting a reasonable deadline; the deadline shall be set by registered letter. If it is the client that is in default with a partial service or agreed cooperation activity, that makes the execution of the order by the company SD Engineering e.U. impossible or significantly impeded, the company SD Engineering e.U. is entitled to withdraw from the contract.
If the company SD Engineering e.U. is entitled to withdraw from the contract, the latter retains the right to the entire agreed fee. The same applies in the case of unjustified rescission of the customer. Furthermore, §1168 ABGB applies; if the customer is entitled to rescind the contract, services provided by SD Engineering e.U. are to be honored/paid for by the customer.
6. HONORARY, PERFORMANCE
The fees charged by SD Engineering e.U. are based on the fee-guidelines and work scopes published by the Fachverband Technische Büros-Ingenieurbüros. All fees are in EURO. The value-added tax (VAT) is not included in the fees indicated and is to be paid separately by the customer. It shall not be permissible to offset claims with any counterclaims, for whatever reasons. Unless otherwise agreed upon, the non-binding calculation advice issued by the Fachverband Ingenieurbüros (Fachverband Ingenieurbüros) is contract content.
7. PLACE OF PERFORMANCE
The place of performance for all office services is the seat of the company SD Engineering e.U.
The company SD Engineering e.U. is obliged to maintain confidentiality concerning all information given by the customer. The company SD Engineering e.U. is also obliged to keep its planning activities secret, if and for as long as there is a legitimate interest in this secrecy on the side of the customer. After the execution of the order, the company SD Engineering e.U. shall be entitled to publish the work of the contract in whole or in part for advertising purposes, unless otherwise agreed in the contract.
9. PROTECTION OF PLANS
The company SD Engineering e.U. retains all rights the documents it has produced (in particular, plans, brochures, technical documentation). Any use (in particular processing, execution, duplication, distribution, public presentation, or making documents available to others) of the documents or parts thereof is only permitted with the expressed consent of the engineer's office. All documents may therefore only be used for purposes which are explicitly stated upon order placement or by a subsequent agreement. The company SD Engineering e.U. is entitled to and the customer is obliged to specify the name (company, business name) of the engineer's office in publications and announcements concerning the project.
10. PLACE OF JURISDICTION AND GOVERNING LAW
For contracts between clients and SD Engineering e.U. Austrian law applies exclusively. For all disputes arising from this contract, the jurisdiction of the factually competent court at the seat of the company SD Engineering e.U. is agreed upon.