1) Applicability of the General Terms and Conditions and Deviations

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a) The following General Terms and Conditions apply to all current and future contracts between the client in their capacity as an entrepreneur and the engineering office.
b) Deviations from these terms, and especially any terms from the client, are only valid if they are explicitly acknowledged and confirmed in writing by the engineering office.

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2) Offers, Side Agreements

a) The offers of the engineering office are non-binding, unless otherwise stated, with regard to all stated data, including the fee.
b) If an order confirmation from the engineering office contains changes compared to the order, these are considered approved by the client unless they immediately object in writing.
c) Agreements must generally be made in writing.

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3) Order Placement

a) The nature and scope of the agreed services are defined by the contract, power of attorney, and these General Terms and Conditions.
b) Changes and additions to the order require written confirmation from the engineering office in order to become part of the present contractual relationship.
c) The engineering office undertakes to properly execute the assigned order according to generally recognized technical standards and principles of economic efficiency.
d) The engineering office may engage other appropriately authorized persons for the fulfillment of the contract and issue orders to them in the name and on behalf of the client. However, the engineering office is obligated to inform the client of this intention in writing and to give the client the opportunity to object to the issuance of the order to a third party within 10 (ten) days.
e) The engineering office may also engage other appropriately authorized persons as subcontractors to fulfill the contract and issue orders to them in the name and on behalf of the engineering office. However, the engineering office is obligated to inform the client in writing if it intends to have orders carried out by a subcontractor and to give the client the opportunity to object to the issuance of the order to the subcontractor within one week. In such a case, the engineering office must carry out the order itself.

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4) Warranty and Compensation for Damages

a) Warranty claims can only be made after a formal complaint of defects, which must be made exclusively in writing by registered letter within 14 (fourteen) days of the delivery of the service or partial service.
b) Claims for rescission and price reduction are excluded. Claims for improvement or subsequent delivery of missing items must be fulfilled by the engineering office within a reasonable period, generally one-third of the time agreed for the execution of the service. Claims for delay damages cannot be asserted within this period.
c) The engineering office must perform its services with the care expected of a professional (§1299 ABGB – Austrian Civil Code).
d) If the engineering office has caused damage to the client through the negligent breach of its contractual obligations, its liability for compensation for the resulting damage – unless otherwise regulated in individual cases – is limited in the case of minor negligence as follows:
i) in the case of withdrawal and personal injuries without limitation;
ii) in all other cases with the following limitations: (1) for an order value of up to 250,000.00 euros: a maximum of 12,500.00 euros;
(2) for an order value of more than 250,000.00 euros: 5% of the order value, but not more than 750,000.00 euros.
iii) Liability for consequential damages and lost profits is excluded, even in cases of gross negligence, unless otherwise regulated in individual cases.

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5) Withdrawal from the Contract

a) Withdrawal from the contract is only permissible for an important reason.
b) In the case of a delay by the engineering office in performing a service, the client may withdraw from the contract only after setting a reasonable grace period; this grace period must be set by registered letter.
c) If the client is delayed in performing a partial service or agreed cooperation that makes the execution of the order by the engineering office impossible or significantly hinders it, the engineering office is entitled to withdraw from the contract.
d) If the engineering office is entitled to withdraw from the contract, it retains the right to the entire agreed fee, as well as in the case of an unauthorized withdrawal by the client. Furthermore, §1168 ABGB applies; in the event of a justified withdrawal by the client, the services provided by the engineering office must be compensated.