Estimates:
Estimates are only made in writing; the submission of an estimate does not bind the contractor to accept an order for the performance of services detailed in the estimate. Estimates are in principle chargable and are non-binding; however any payment made for the preparation of an estimate is credited in full on placement of an order. The prices quoted in the estimate are the prices ruling on the date of the estimate (for more information see under "prices"). All technical documentation remains the property of the client.
Quotations:
Quotations are only made in writing. The acceptance of a quotation made by the contractor is only possible for the totality of the services quoted.
Prices:
In the event that:
a) a wage or salary increase is implemented by law, regulation or collective agreement OR
b) an increase in material costs
should occur between the signing of the contract and the performance of the services, then those prices affected will be increased pro-rata unless the period between placing of the order and performance of the services is less than two months. The price increase will be calculated in line with price changes published by the office of the Salzburg provincial government, department X and/or the Federal Ministry for Economic Affairs.
Management of services:
The contractor is obliged to perform the services at the earliest when all technical and contractual details have been clarified and when the building, technical and legal preconditions for execution have been established. The client must provide the contractor with the necessary electric power and lockable rooms to accommodate the workforce during execution on a free of charge basis: he must also provide storage for tools and materials. In the event that the nature of the order is urgent or if the client requires urgent completion, the overtime hours required and the additional costs incurred by speeding up the supply of materials will be charged.
Performance deadlines and dates:
In the event that start date for the performance of services or the execution itself is delayed and if the delay is not attributable to circumstances within the legal sphere of the contractor, the agreed performance deadlines will be extended or the completion dates extended accordingly. Completion dates are to be extended by each day of bad weather as well as for the duration of other hold-ups and failings of other companies or persons on site and delays due to Force Majeure (fire etc.)
Ö-Normen (Austrian standards):
It is agreed that all relevant Austrian standards will apply. Where these are not extant, the relevant DIN standard will apply. These standards only apply inasmuch as they contradict the legal regulations or these terms and conditions.
Hand-over:
The contractor must advise the client of the date of hand-over in good time: the client is advised that in his absence the hand-over of the services performed will be deemed to have taken place on the date of the proposed hand-over.
Payments:
Upon the request of the contractor, the client is make partial payments in accordance with the progress of construction. Costs of reminders and expenses associated with bills of exchange are to the account of the client. In the event of late payment by the client the contractor is entitled to charge interest for late payment at 13% p.a.; this does not affect existing claims for reimbursement of higher interest charges.
Title retention:
All goods supplied or assembled remain the property of the contractor until payment in full.
Warranty:
Regardless of a cancellation claim by the contractor, the warranty is to be carried out by free of charge by rectification of proven defects within an appropriate time frame. If rectification is not possible or associated with disproportionate costs then an appropriate reduction in the price must be granted.
Warranty claims will be turned down if the parts affected by the defect are modified or repaired by third parties or the client himself with the exception of emergency repairs or in the event of a delay by the contractor in fulfilling his warranty obligations.
Compensation:
The contractor is only liable for damages to objects belonging to the client, which are attributable to him and which he has taken over in the course of the execution of the order. All other claims by the client are excluded, in particular those for compensation for consequential loss providing no case of gross negligence or malicious intent by the contractor has occurred.
