The preparation of a cost estimate does not oblige the contractor to accept an order to perform the services listed in the cost estimate. If an order is not accepted, the contractor must be invoiced for any expenses incurred for interventions with authorities, such as permits, commissions, etc. required to prepare a cost estimate. All techn. Documents remain the intellectual property of the contractor.
OFFERS:
Quotations are issued in writing.
PRICES:
If there is a delay between the conclusion of the contract and
PERFORMANCE MANAGEMENT:
The Contractor shall be obliged to perform the service at the earliest as soon as all technical and contractual details have been clarified and the Client has fulfilled its obligations and created the structural, technical and legal prerequisites for performance.
Necessary third-party authorizations and notifications to the authorities or authorizations by the authorities must be arranged by the client-unless explicitly agreed otherwise-at the client’s expense.
PERFORMANCE PERIODS and DATE:
If the start of performance or the performance itself is delayed and the delay was not caused by circumstances attributable to the Contractor’s legal sphere, agreed performance deadlines shall be extended accordingly or agreed completion dates shall be postponed accordingly. The additional costs incurred due to delays shall be borne by the client if the circumstances causing the delay are attributable to the client’s legal sphere.
ACCEPTANCE:
The Contractor must inform 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 shall be deemed to have taken place on the scheduled handover date.
PAYMENTS:
Goods (appliances, installation materials) are due upon delivery – unless explicitly agreed otherwise. The Client shall arrange for partial payments in accordance with the progress of the performance of the service at the request of the Contractor.
Reminder and bill charges shall be borne by the client. The offsetting of the Client’s claims against the Contractor’s claim is excluded unless the Contractor has become insolvent or the counterclaim is legally related to the Client’s payment obligation, has been established by a court or has been recognized by the Contractor. If the Client is in default of payment, the Contractor shall be entitled to charge default interest in the amount of 9% per annum; 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 shall be entitled to take back the goods to which it retains title without this being equivalent to a withdrawal from the contract.
LIMITATION OF THE SCOPE OF SERVICES: (Service description)
Cracks and fractures in pipes, fittings, sanitary fixtures and appliances are possible as a result of undetectable stresses or material defects, particularly during installation and repair work.
Wear parts only have the service life corresponding to the respective state of the art. Only a very limited service life can be expected for makeshift repairs. Damage can be caused by chiseling work on broken or unbonded masonry. If the course of pipes laid in the masonry is not recognizable, they may be damaged by chiseling work.
WERE PROVIDED:
If equipment or other materials are provided by the Client, the Contractor shall be entitled to charge the Client a percentage of the sales price of these or similar goods, which shall amount to 15% for this order. Equipment and other materials provided by the client are not covered by the warranty.
WARRANTY:
In the case of contracts with entrepreneurs, the Client must notify the Contractor immediately of any defect or otherwise forfeit its warranty claim. The Contractor may, at its discretion, remedy the defect by repair, subsequent delivery or replacement.
If this is not possible, the Contractor may grant the Client an appropriate price reduction. If the defect is a significant defect that prevents the proper use of the delivered item and if this defect is not remedied by the Contractor and no price reduction is granted, the Client shall be entitled to claim conversion.
The warranty is excluded if the parts affected by the defect have been processed, modified or repaired by the Client or third parties, with the exception of emergency repairs and default by the Contractor in fulfilling the warranty.
The statutory warranty on devices / goods is up to 2 years from delivery / acceptance, depending on the manufacturer
DAMAGE REPLACEMENT:
The Contractor shall only be liable for damage caused to items belonging to the Client which it has taken over for processing in the course of performing the service.
All other claims of the Client, in particular those for compensation for any further damage, are excluded, unless gross negligence or intent on the part of the Contractor is present.
JURISDICTION AGREEMENT:
The Korneuburg Regional Court is agreed for legal disputes.