a)<\/strong> The following General Terms and Conditions shall apply to all present and future contracts between the Client in its capacity as an entrepreneur and the Consulting Engineer\/Firm.<\/p>\n\n\n\n b)<\/strong> Deviations from these terms and conditions and, in particular, terms and conditions of the client shall only apply if they are expressly recognised and confirmed in writing by the Consulting Engineer\/Firm.<\/p>\n\n\n\n a)<\/strong> Unless otherwise stated, the engineering firm's offers are non-binding with regard to all data provided, including the fee.<\/p>\n\n\n\n b)<\/strong> If an order confirmation from the Consulting Engineer\/Firm contains changes to the order, these shall be deemed to have been approved by the Client unless the Client immediately objects in writing.<\/p>\n\n\n\n c)<\/strong> Agreements must always be made in writing.<\/p>\n\n\n\n a)<\/strong> The nature and scope of the agreed service are set out in the contract, the power of attorney and these General Terms and Conditions.<\/p>\n\n\n\n b)<\/strong> Amendments and additions to the order must be confirmed in writing by the Consulting Engineer\/Firm in order to become the subject of this contractual relationship.<\/p>\n\n\n\n c)<\/strong> The engineering company undertakes to carry out the contract awarded to it in accordance with the generally recognised rules of technology and the principles of economic efficiency.<\/p>\n\n\n\n d)<\/strong> The Consulting Engineer\/Firm may engage other appropriately authorised parties to fulfil the contract and place orders with them in the name of and for the account of the Client. However, the Consulting Engineer\/Firm shall be obliged to inform the Client of this intention in writing and to give the Client the opportunity to object to the placing of the order with a third party within 10 days.<\/p>\n\n\n\n e)<\/strong> The Consulting Engineer\/Firm may also engage other appropriately authorised parties as sub-planners to fulfil the contract and place orders with them in the name of and for the account of the Consulting Engineer\/Firm. However, the Consulting Engineer\/Firm shall be obliged to inform the Client in writing if it intends to have orders carried out by a sub-planner and to give the Client the opportunity to object to this order being placed with the sub-planner within one week. In this case, the engineering firm shall carry out the order itself.<\/p>\n\n\n\n a)<\/strong> Warranty claims can only be made following notification of defects, which must be made exclusively by registered letter within 14 days of delivery of the service or partial service.<\/p>\n\n\n\n b)<\/strong> Claims for cancellation and price reduction are excluded. The Consulting Engineer\/Firm shall fulfil claims for improvement or supplementation of the missing items within a reasonable period of time. This period shall generally be one third of the period agreed for the performance of the service. A claim for damages caused by delay cannot be asserted within this period.<\/p>\n\n\n\n c)<\/strong> The engineering firm shall provide its services with the care expected of it as a professional (\u00a7 1299 ABGB).<\/p>\n\n\n\n d)<\/strong> If the Consulting Engineer\/Firm has culpably caused damage to the Client in breach of its contractual obligations, its liability for compensation for the damage caused thereby shall be limited as follows in the event of slight negligence, unless otherwise agreed in the individual case:<\/p>\n\n\n\n 1. in the event of cancellation and personal injury without limitation<\/p>\n\n\n\n 2. in all other cases with the following limitations:<\/p>\n\n\n\n 3. liability for consequential damage and loss of profit is also excluded in the event of gross negligence, unless otherwise agreed in individual cases.<\/p>\n\n\n\n a)<\/strong> Cancellation of the contract is only permissible for good cause.<\/p>\n\n\n\n b)<\/strong> If the engineering firm is in default with a service, the client may only withdraw from the contract after setting a reasonable grace period; the grace period must be set by registered letter.<\/p>\n\n\n\n c)<\/strong> In the event of a delay on the part of the Client with regard to a partial service or an agreed co-operation activity, which makes the execution of the order by the Consulting Engineer\/Firm impossible or significantly hinders it, the Consulting Engineer\/Firm shall be entitled to withdraw from the contract.<\/p>\n\n\n\n d)<\/strong> If the Consulting Engineer\/Firm is entitled to withdraw from the contract, it shall retain the right to the entire agreed fee, likewise in the event of unjustified withdrawal by the Client. Furthermore, \u00a7 1168 ABGB shall apply. In the event of justified cancellation by the client, the services provided by the engineering company shall be remunerated by the client.<\/p>\n\n\n\n a)<\/strong> Unless otherwise stated, all fees are in euros.<\/p>\n\n\n\n b)<\/strong> The fees quoted do not include value added tax (VAT); this must be paid separately by the client.<\/p>\n\n\n\n c)<\/strong> Compensation with any counterclaims, for whatever reason, is not permitted.<\/p>\n\n\n\n d)<\/strong> Unless otherwise agreed, the non-binding calculation recommendations issued by the Fachverband Ingenieurb\u00fcros shall form part of the contract.<\/p>\n\n\n\n e)<\/strong> Unless expressly agreed otherwise, payment shall be made without deductions within 30 days of invoicing to the account of a bank with a domestic branch specified by the Consulting Engineer\/Firm. In the event of late payment, interest of 9.2 % per annum above the ECB base rate plus reminder fees shall be payable.<\/p>\n\n\n\n The place of fulfilment for all office services is the registered office of the engineering firm.<\/p>\n\n\n\n a)<\/strong> The Consulting Engineer\/Firm shall be obliged to treat all information provided by the Client as confidential.<\/p>\n\n\n\n b)<\/strong> The Consulting Engineer\/Firm shall also be obliged to maintain the confidentiality of its planning activities if and for as long as the Client has a legitimate interest in this confidentiality. After completion of the order, the Consulting Engineer\/Firm shall be authorised to publish the contractual work in whole or in part for advertising purposes, unless otherwise contractually agreed.<\/p>\n\n\n\n a)<\/strong> The engineering company reserves all rights and utilisation rights to the documents it produces (in particular plans, brochures, technical documents).<\/p>\n\n\n\n b)<\/strong> Any utilisation (in particular processing, execution, reproduction, distribution, public presentation, making available) of the documents or parts thereof is only permitted with the express consent of the Consulting Engineer\/Firm. All documents may therefore only be used for the purposes expressly specified when the order is placed or by a subsequent agreement.<\/p>\n\n\n\n c)<\/strong> The Consulting Engineer\/Firm is authorised and the Client is obliged to state the name (company name, business name) of the Consulting Engineer\/Firm in publications and announcements about the project.<\/p>\n\n\n\n d)<\/strong> In the event of infringement of these provisions for the protection of documents, the engineering company shall be entitled to a penalty amounting to twice the reasonable fee for unauthorised use, whereby the right to assert a claim for damages in excess thereof shall remain reserved. This penalty is not subject to the judicial right of moderation. The burden of proof that the client has not used the engineering firm's documents lies with the client.<\/p>\n\n\n\n a)<\/strong> Austrian law shall apply exclusively to contracts between the Client and the Consulting Engineer\/Firm.<\/p>\n\n\n\n b)<\/strong> All disputes arising from this contract shall be subject to the jurisdiction of the competent court at the registered office of the Consulting Engineer\/Firm.<\/p>\n\n\n\n Published by the Association of Engineering Consultants<\/strong> Status: 01.01.2015<\/strong><\/p>","protected":false},"excerpt":{"rendered":" Allgemeine Gesch\u00e4ftsbedingungen der Ingenieurb\u00fcros \u00d6sterreichs \u2013 B2B (zwischen Unternehmern) 1. Geltung der Allgemeinen Gesch\u00e4ftsbedingungen und Abweichungen a) Die folgenden Allgemeinen Gesch\u00e4ftsbedingungen gelten f\u00fcr alle gegenw\u00e4rtigen und k\u00fcnftigen Vertr\u00e4ge zwischen dem Auftraggeber in seiner Eigenschaft als Unternehmer und dem Ingenieurb\u00fcro. b) Abweichungen von diesen Bedingungen sowie insbesondere auch Bedingungen des Auftraggebers gelten nur, wenn sie vom …<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-9475","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/pages\/9475","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/comments?post=9475"}],"version-history":[{"count":4,"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/pages\/9475\/revisions"}],"predecessor-version":[{"id":9979,"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/pages\/9475\/revisions\/9979"}],"wp:attachment":[{"href":"https:\/\/staging1.rkp-marketing.at\/en\/wp-json\/wp\/v2\/media?parent=9475"}],"curies":[{"name":"what","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}2. offers, collateral agreements<\/h3>\n\n\n\n
3. placing of order<\/h3>\n\n\n\n
4 Warranty and compensation<\/h3>\n\n\n\n
\n
5. cancellation of the contract<\/h3>\n\n\n\n
6 Fee, scope of services<\/h3>\n\n\n\n
7. place of fulfilment<\/h3>\n\n\n\n
8. secrecy<\/h3>\n\n\n\n
9. protection of the plans<\/h3>\n\n\n\n
10 Choice of law, place of jurisdiction<\/h3>\n\n\n\n
Austrian Federal Economic Chamber
Schaumburgergasse 20\/1, 1040 Vienna
Tel: 05 90900 3248
E-Mail: ftbi@wko.at<\/a>
Web: http:\/\/www.ingenieurbueros.at<\/a><\/p>\n\n\n\n