If no different conditions are offered in our proposal the following terms and conditions shall apply for the contract:
- The basis of proposals is the knowledge or expectation of expenditure at the time of preparation. If it should emerge after contract signage that the expenditure will be considerably higher or the conditions should be different than expected we will offer a modified proposal based on the calculation of the original proposal.
- The commitment period for proposals is 14 calendar days from the date of the proposal.
- Agreed prices will be fixed prices for 12 months from the date of contract. After that all prices will be subject of change according to the consumers price index (CPI) of Austria if exceeding 3% of the CPI (month of contract = 100%)
- In case of enhancement of the Austrian collective salary contract our remuneration will be enhanced by the same percentage for all works not being finished at that date.
- For contracts on basis of hourly rates our current charge rates shall apply added by VAT.
- Any surveying works, pumping or infiltration tests, soil examinations, chemical analyses or any other examinations not explicitly listed as part of the proposal will be offered and charged separately.
- Additional works, especially in case of changes or additional demands by the client or other consultants will be offered and charged on an hourly basis based on the calculation of the original proposal.
- Time of payment is given:
- For documents like projects, permit applications, calculations, assessments or expertises, at the time of transmission to the authorities or client
- For any other work like site supervision, testing, etc., at the end of a working period (e.g. monthly period) or the end of work.
- After the completion of each service phases a partial billing will be transmitted. If the net sum of the service phase exceeds a sum of Euro 1.000,--, excl. VAT, an additional invoice can be transmitted. All invoices shall be paid within a period of 8 calendar days after date of invoice, including time of invoice verification, without any deduction. Any discounts or cashbacks will not be accepted unless separate agreement.
- In case of default of payment of more than eight days BAUMANN Ingenieur-Consulting GmbH is authorised to stop all works without any further information to the client. Any delays or disadvantages for the client resulting of the abandonment will be at the expense of the client. The abandonment of work does not entitle the client to withhold any payments.
- Works will not continue before the complete payment of open invoices. Any additional works or overtime hours by BAUMANN Ingenieur-Consulting GmbH as a result of the abandonment of works to bring in delays will only be done after additional agreement and for additional payment.
- Open payments absolve BAUMANN Ingenieur-Consulting GmbH from the release of any documents, drawings or project information until full payment of all invoices.
- Regardless of default charges, fees of debt collecting agencies or any additional expenses, a handling fee of at least Euro 40,-- per dunning letter, excl. VAT, will be charged additionally for administrative works.
- Default charges will be charged according to the Austrian Commercial Code (UGB). Default charges, fees of debt collecting agencies, handling fees or any additional expenses will be part of our dept claim. In case of default the client agrees to pay the costs of dept collecting agencies according to BGBl. 1996/141.
- Additional expenses and VAT will be added to the proposed prices unless stated otherwise.
- Electronic invoices to BAUMANN Ingenieur-Consulting GmbH are not accepted unless explicit and written agreement. All invoices addressed to BAUMANN Ingenieur-Consulting GmbH have to be send by postal mail. Time of payment starts with the date of receipt at the office of BAUMANN Ingenieur-Consulting GmbH.
- For any differences the final decision of an arbitral tribunal organized by the Austrian Commercial Chamber (WKO) shall be agreed on.
- Assumption of liability is limited to intent or gross negligence and the acceptance of the insurance company of BAUMANN Ingenieur-Consulting GmbH within the limits of the insurance. Liability for consequential damages and lost income shall also be excluded in the case of gross negligence unless otherwise arranged in individual cases. Slight negligence of BAUMANN Ingenieur-Consulting GmbH will be excluded from any assumption of liability.
- All performances and documents ordered are intellectual property of BAUMANN Ingenieur-Consulting GmbH and are subject of use by the client only for the purpose of the contract Any transfer to third parties or use for other projects or purposes requires a written agreement of BAUMANN Ingenieur-Consulting GmbH.
- The client is obliged to indicate the company name, place of business and logo of BAUMANN Ingenieur-Consulting GmbH in publications, site wall charts and announcements about the project.
- Alterations and additions to the contract must be confirmed by BAUMANN Ingenieur-Consulting GmbH in writing to become part of the contract. Agreements shall generally require written form. In case of alteration or annulations of parts of the contract all other terms stay valid.
- In case of contracts with consumers as defined by the Austrian consumers protection act (Konsumentenschutzgesetz), the mandatory provisions of this act shall prevail over the terms of business.
- Austrian law shall apply exclusively to contracts between the client and BAUMANN Ingenieur-Consulting GmbH. US-American or Canadian law will never be accepted. This also applies if the general terms and conditions of the client were accepted. The court with jurisdiction over the subject matter at the principal place of business of BAUMANN Ingenieur-Consulting GmbH shall be agreed to have the competence with regard to all disputes under this contract. Unless stated otherwise the general terms and conditions of the Austrian Association of Consulting Engineers or the Austrian Association of Master-Builders shall apply in addition to this contract. In case of contradictions the present Terms of our company shall apply.
General Terms and Conditions – 2015-12-30
BAUMANN Ingenieur-Consulting GmbH
A-4600 Wels / Austria