Imprint

Company name:

IBC Baumgartner e.U.

Business purpose:

Engineering offices (consulting engineers) in the field of technical chemistry
Business consultancy including business organization

Location:

7083 Purbach am Neusiedler See, Mandelgasse 14 (Austria)

Responsible for the content:

Dipl.-Ing. Rudolf BAUMGARTNER, MSc

Contact details:

Phone +43 664 1000 892, E-Mail office@ibc-baumgartner.com

VAT number:

ATU75917037

Company register no.:

550903 b

Membership in the Austrian Chamber of Commerce

Member of the Burgenland Chamber of Commerce, Information and Consulting division
and the consulting engineers specialist group

Business license and competent authority:

Engineering  offices: GISA # 33193298 District authority "Eisenstadt Umgebung"
Business consultancy: GISA # 33003290 District authority "Eisenstadt Umgebung"

Photography:

Graphic Design Logo & Website:

We respect your privacy. This notice outlines the type of information we may collect from our website and how we may use that information.

When you visit our website, your IP address and the beginning and end of the session are recorded for the duration of this session. This is due to technical reasons and  therefore rep­ resents a legitimate interest within the meaning of article 6 paragraph 1 lit  f GDPR. Unless otherwise regulated in the following, we will not process this dato further.

Contacting us
lf you contact us using the form on the website or by email, the dato you provide will be stored by us for  six months in order to process the request and in the event of follow-up questions. We do not pass on this dato without your consent.

Your rights
You have the right to information, correction, deletion, restriction, dato portability, revoca­ tion and objection with regard to your dato stored by us. lf you believe that the processing of your dato violates dato protection law or that your dato protection claims have been violated in any other way, you can complain to us by e-mail to office@ibc-baumgartner.com or the dato protection authority.

You can reach us under the following contact details:
IBC Baumgartner – engineering office for dangerous goods & logistics

Phone: +43  6641000 892, email: office@ibc-baumgartner.com

Note: The original of this Data Protection Declaration has been drawn up in German. The German version shall be the authentic one and  prevail over the English one in all  matters of interpretation and construction. The English version shall be deemed to be only a translation for information purposes.

1)   Validity of the general terms and conditions and deviations

a) The following general terms and conditions apply to all current and future contracts between the client in his capacity as an entrepreneur and the engineering office.
b) Deviations from these terms and conditions, and in particular the customer's terms and conditions, only apply if they are expressiv recognized and confirmed in writing by the engineering office.

2)   Offers, subsidiary agreements

a) The offers of the engineering office are, unless otherwise stated, non-binding with regard to all specified dato including the fee.
b) lf an order confirmation from the engineering office contains changes to the order, these are deemed to have been approved by the client, unless the client objects to this immediately in writing.
c) Agreements must be made in writing.

3)   Placing an order

a) The type and scope of the agreed service result from the contract, power of attorney and these general terms and conditions.
b) Changes and  additions to the order require written confirmation by the engineering office in order to become the subject of the present contractual relationship.
c) The engineering office undertakes to properly carry out the order given to it in ac­cordance with the generally recognized rules of technology and the principles of economic efficiency.
d) The engineering office can call upon other appropriately authorized persons to fulfill the contract and issue orders to them in the name and for the account of the client. However, the engineering office is obliged to notify the client of this intention in writ­ing and to give the client the opportunity to object to this order being placed by a third party within 10 (in words: ten) days.
e) The engineering office can also use other appropriately authorized subcontractors to fulfill the contract and issue orders to them in the name and  for the account of the engineering office. However, the engineering office is obliged to notify 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 this order being placed with the subcontractor within one week; in this case the engineering office has to carry out the order itself.

4)  Warranty and compensation

a) Warranty claims can only be made after notification of defects, which must be made exclusively by registered letter within 14 (in words: four-ten) days from the delivery of
the service or partial service.
b) Claims for  conversion and price reduction are excluded. Claims for  improvement or additions to what is missing are tobe met by the engineering office within a reason­ able period, which is generally one third of the period agreed for the performance of the service. A claim for damage caused by delay cannot be made within this period.
c) The engineering office has to provide its services with the care expected of it as a specialist (§1299 ABGB).
d) lf the engineering office culpably inflicted damage to the client in breach of its con­ tractual obligations, its liability for the compensation of the damage caused is limited
– if  not  otherwise regulated in individual cases – in the  case of slight negligence as follows:

i)    in the event of resignation and personal injury without limitation,
ii)   in all other cases with the following limitations:
      (1)  for  an  order amount of up to 250,000.00 euros:
             a maximum of 12,500.00 euros;
      (2) for  an order amount over 250,000.00 euros:
            5% of  the  order amount, but  not more than 750,000.00 euros.
iii)  Liability for consequential damage and loss of  profit is also excluded in the
      event of gross negligence, unless otherwise regulated in individual cases.

5)   Withdrawal from the contract

a) Withdrawal from the contract is only permitted for an important reason.
b) lf the engineering office is in default with a service, the  client can only withdraw after setting a reasonable grace period; the grace period must be set by registered letter.
c) lf the client defaults on a partial service or an agreed cooperation, which makes the execution of the order by the engineering office impossible or significantly hinders, the engineering office is entitled to withdraw from the contract.
d) lf the engineering office is entitled to withdraw from the contract, it retains the right to the entire agreed fee, also in the case of unjustified withdrawal by the client. Fur­thermore, §1168 ABGB applies; in the event of a justified resignation by the client, the services provided by the engineering office are tobe paid for by the client.

6)   Fee, scope of services

a) Unless otherwise stated, all fees are in euros.
b) The stated fee amounts do not include sales tax (value added tax); this is to be paid separately by the client.
c) Compensation with any counterclaims, for whatever reason, is not permitted.
d) Unless otherwise agreed, the non-binding calculation recommendations issued by the  Fachverband lngenieurbüros form the content of the contract.
e) Unless expressly agreed otherwise, payment must be made without any deductions immediately after the invoice has been submitted to the account of a bank with an Austrian branch named by the engineering office. In the  event of default in payment, interest of 9.2% per annum above the base rate of the ECB plus reminder fees must
be paid.

7)   Place of performance

a) The place of performance for all office services is the seat of the engineering office.
b) The place of performance for all inspection services is the location of the client or service recipient agreed in the order.

8)   Confidentiality

a) The engineering office is obliged to keep all information provided by the client confi­dential.
b) The engineering office is also obliged to keep its planning activities confidential if and as long as the client has a legitimate interest in this confidentiality. After the or­ der has been carried out, the engineering office is entitled to publish the contractual work in whole or in part for advertising purposes, unless otherwise agreed in the con­tract.

9)   Protection of the plans

a) The engineering office reserves all rights and uses of the documents created by it (in particular plans, brochures, technical documents, photo documentation, etc.).
b) Any use (in particular processing, execution, duplication, distribution, public presen­tation, making available) of the documents or parts thereof is only permitted with the express consent of the engineering office. All documents may therefore only be used for the purposes expressly specified when the order was placed or by a subsequent agreement.
c) The engineering office is entitled, the client is obliged to state the name (company,
business name) of the engineering office in publications and announcements about the project.
d) In the event of a violation of these provisions for the protection of the documents, the engineering office is entitled to a penalty amounting to twice the reasonable remu­neration for unauthorized use, whereby the assertion of a further claim for damages remains reserved. This penalty is not subject to judicial moderation law. The burden of proof that the client has not used the engineering office's documents rests with the client.

10) Choice of law, place of jurisdiction

a) Only Austrian law applies to contracts between the client and the engineering office.
b) For all disputes arising from this contract, the jurisdiction of the competent court at the seat of the engineering office is agreed.

Purbach on Lake Neusiedl (Austria), version 1/1/2021

Note: The original of these General Terms and Conditions has been drawn up in German. The German version sha/1 be the authentic one and prevail over the English one in all matters of interpretation and construction. The English version sha/1 be deemed to be only a translation for information purposes.