The creation of a cost estimate does not oblige the contractor to accept an order or to perform the services listed in the cost estimate. If an order is not accepted, the contractor must be reimbursed for expenses incurred during interventions with authorities, such as permits, commissions, etc., required for the creation of a cost estimate. All technical documents remain the intellectual property of the contractor.
OFFERS:
Offers are made in writing.
PRICES:
If between contract conclusion and service execution
SERVICE EXECUTION:
The contractor is obliged to perform the service at the earliest once all technical and contractual details have been clarified and the client has fulfilled their obligations and created the structural, technical, and legal conditions for execution.
Required third-party permits as well as notifications to authorities or permits from authorities are to be arranged by the client—unless explicitly agreed otherwise—at their own expense.
SERVICE PERIODS and DEADLINES:
If the start of service execution or the execution itself is delayed, and the delay was not caused by circumstances attributable to the contractor’s sphere of responsibility, agreed service periods will be extended accordingly or agreed completion dates will be postponed accordingly. Any additional costs incurred due to delays shall be borne by the client if the circumstances causing the delay are attributable to their sphere of responsibility.
ACCEPTANCE:
The contractor must notify the client of the handover date in a timely manner. The client is hereby informed that if they are absent, the handover of the rendered service shall be deemed to have occurred on the scheduled handover date.
PAYMENTS:
Goods (devices, installation materials) are due upon delivery—unless explicitly agreed otherwise. The client must arrange partial payments according to the progress of service execution upon the contractor’s request.
Dunning and bill of exchange charges shall be borne by the client. The offsetting of claims by the client against the contractor with the latter’s claim is excluded, unless the contractor has become insolvent or the counterclaim is legally related to the client’s payment obligation, has been legally established, or has been acknowledged by the contractor. In case of default of payment by the client, the contractor is entitled to charge default interest at a rate of 9% per annum; this does not affect existing claims for higher interest.
RETENTION OF TITLE:
All delivered and installed goods remain the property of the contractor until full payment. If the client defaults on 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 SCOPE OF SERVICES: (Service Description)
Cracks and breaks in pipes, fittings, sanitary fixtures, and devices are possible as a result of undetectable stresses or material defects, especially during assembly and repair work.
Wear parts only have the lifespan corresponding to the current state of technology. In the case of temporary repairs, only a very limited durability can be expected. In the case of dilapidated or unbound masonry, damage may occur due to chiseling work. If the course of pipes laid in the masonry is not recognizable, damage to them by chiseling work is possible.
SUPPLIED GOODS:
If devices or other materials are supplied by the client, the contractor is entitled to charge the client a percentage of their selling price for these or similar goods, which for this order amounts to 15%. Devices and other materials supplied by the client are not subject to warranty.
WARRANTY:
In contracts with entrepreneurs, the client must immediately notify the contractor of any defect, otherwise their warranty claim will be forfeited. The contractor can choose to remedy the defect by repair, subsequent delivery, or replacement.
If this is not possible, the contractor may grant the client a reasonable price reduction. If it is a significant defect that hinders the proper use of the delivered item and this defect is not remedied by the contractor and no price reduction is granted, the client is entitled to a right of rescission.
Warranty is excluded if the parts affected by the defect have been processed, altered, or repaired by the client or third parties, with the exception of emergency repairs and delay by the contractor in fulfilling the warranty.
The statutory warranty for devices/goods is up to 2 years from delivery/acceptance, depending on the manufacturer.
DAMAGES:
The contractor is only liable for damages caused to items belonging to the client that they have taken over for processing during the execution of the service.
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.
JURISDICTION AGREEMENT:
The Regional Court of Korneuburg is agreed upon for legal disputes.