General Terms and Conditions:
If no different conditions are
offered in our proposal the following terms and conditions shall apply for the
contract:
1.
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.
2. The commitment period for proposals
is 14 calendar days from the date of the proposal.
3. 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%)
4. 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.
5. For contracts on basis of hourly
rates our current charge rates shall apply added by VAT.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Open payments absolve BAUMANN
Ingenieur-Consulting GmbH from the release of any documents, drawings or
project information until full payment of all invoices.
13. 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.
14. 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.
15. Additional expenses and VAT will be
added to the proposed prices unless stated otherwise.
16. 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.
17. For any differences the final
decision of an arbitral tribunal organized by the Austrian Commercial Chamber
(WKO) shall be agreed on.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
Holterstraße 17/12
A-4600 Wels / Austria
www.baumann-ic.at