Heliofloat

 

 

 

 

1.) The validity of the General Terms of Business and exceptions thereto

 

a) The following General Terms of Business shall apply to all current and future contracts between the Client and HELIOFLOAT.

 

b) Exceptions to these Terms of Business and, in particular, also terms of business laid down by the Client shall only apply if they have been expressly agreed to and confirmed in writing by HELIOFLOAT.

 

c) In case of contracts with consumers as defined by the Konsumentenschutzgesetz (consumer protection act), the mandatory provisions of this act shall prevail over the following General Terms of Business

 

 

 

2.) Offers, subsidiary agreements

 

a) Unless stated otherwise, offers made by HELIOFLOAT shall be subject to change with regard to all data stated therein, including the fee.

 

b) If an order confirmation by HELIOFLOAT deviates from the order, the deviation shall be deemed to be acceptable to the Client if the Client does not promptly state disagreement in writing.

 

c) Agreements shall generally require written form.

 

 

 

3.) The placing of orders

 

a) The nature and scope of the agreed services shall be as specified by the Contract, the Power of Attorney and these General Terms of Business.

 

b) Alterations and additions to the order must be confirmed by HELIOFLOAT in writing to become part of the contractual relationship in question.

 

c) HELIOFLOAT undertakes to execute the order as placed properly, in conformity with generally accepted engineering standards and in accordance with the principles of economic efficiency.

 

d) In the completion of the Contract, HELIOFLOAT can enlist the services of others who possess the necessary competence and place orders with them on behalf of and for the account of the Client. HELIOFLOAT shall however be obliged to inform the Client in writing of that intention and to give the Client the possibility of objecting within 10 days to the placing of such an order with a third party.

 

e) In the completion of the Contract, HELIOFLOAT can also enlist the services of others who possess the necessary competence as sub-planners and place orders with them on behalf of and for the account of HELIOFLOAT. HELIOFLOAT shall however be obliged to inform the Client in writing of its intention to have orders carried out by a sub-planner and to give the Client the possibility of objecting within one week to the placing of such an order with the sub-planner. In the event of objection, HELIOFLOAT shall execute the order him/her/itself.

 

 

 

4.) Warranties and damages

 

a) Warranty claims can only be lodged after a notification of deficiencies has been made. Such a notification of deficiencies must be made by registered letter within 14 days of the time the work or part of the work is delivered.

 

b) Claims for cancellation of the contract or a reduction in price shall be barred. HELIOFLOAT shall satisfy claims for the remedying of defects or the subsequent completion of omitted work within a reasonable period of, in general, one third of the period agreed for the execution of the order. Claims for compensation for damage caused by delay cannot be asserted within that period.

 

c) HELIOFLOAT shall render services with the care that can be expected of HELIOFLOAT as an expert (§1299 ABGB: Austrian general civil code).

 

 

 

5.) Revocation of the Contract

 

a) Revocation of the Contract shall only be permitted for grave and weighty reasons.

 

b) In the event of a delay in performance on the part of HELIOFLOAT, the Client can only revoke the Contract after a reasonable period of grace to be set by registered letter.

 

c) In the event of a delay in part performance or agreed co-performance on the part of the Client that makes it impossible for HELIOFLOAT to execute the order or significantly hampers HELIOFLOAT therein, HELIOFLOAT shall be entitled to revoke the Contract.

 

d) If HELIOFLOAT is entitled to revoke the contract, HELIOFLOAT shall remain entitled to the entirety of the agreed fee. That shall also be the case in the event of unjustified revocation by the Client. Furthermore, § 1168 ABGB shall be applicable; in the event of justified revocation by the Client, the Client shall pay for services rendered by HELIOFLOAT.

 

 

 

6.) Fee, Scope of service

 

a) Unless otherwise agreed, all fees shall be denominated in Euro.

 

b) The specified fees do not contain sales (value added) tax. That shall be paid by the Client as a separate item.

 

c) It shall not for any reason whatsoever be permissible to offset the fee against counterclaims.

 

d) Insofar nothing else is regulated, the non-binding calculation recommendations issued by the Fachverband Technische Büros-Ingenieurbüros (Association of Consulting Engineers) are a part of the contract.

 

 

 

7.) Place of performance

 

The place of performance with regard to any office services shall be the principal place of business of HELIOFLOAT.

 

 

 

8.) Maintenance of secrecy

 

a) HELIOFLOAT shall be obliged to secrecy with regard to any information divulged by the Client.

 

b) HELIOFLOAT shall also be obliged to secrecy with regard to HELIOFLOAT’s planning activities if and for as long as the Client has a legitimate interest in such secrecy. When the order has been executed, HELIOFLOAT shall be entitled to publish the work that is the subject matter of the Contract either as a whole or in part for advertising purposes unless it has been contractually otherwise agreed.

 

 

 

 

 

9.) The protection of plans

 

a) HELIOFLOAT reserves all rights and types of utilization to the documentation (in particular plans, brochures, reports, technical documents) it has drafted.

 

b) Every form of use (in particular editing, drafting, duplication, dissemination, public presentation, provision) of documents or its parts is only admissible with the express permission of HELIOFLOAT. All documents may therefore only be used for the express purposes determined at the time of order placement or based on a subsequent agreement.

 

c) HELIOFLOAT is authorized, the Client obliged to indicate the name (company, business name) of HELIOFLOAT in publications and announcements about the project.

 

d) In the case of infringement of these provisions for the protection of the documents HELIOFLOAT is entitled to a penalty double the amount of the appropriate remuneration for unauthorized use, in which case HELIOFLOAT reserves the right to assert an exceeding damages claim. The penalty is not subject to a judge’s mitigation. The Client must provide evidence that the Client did not utilize the documents of HELIOFLOAT.

 

10.) Choice of law and legal venue

 

a) Austrian law shall apply exclusively to contracts between the Client and HELIOFLOAT.

 

b) The court with jurisdiction over the subject matter at the principal place of business of HELIOFLOAT shall be agreed to have competence with regard to all disputes under this Contract.