T & C\'s
The following GTC fully apply in the event an order is placed. The tenderer shall be defined as contractor, regardless whether he secures the order in the end or not; the builder shall be defined as principal. Please note that the following GTC are only a summary of the most important clauses of the German version of our GTC. The complete and binding wording of the applicable GTC (in the German language) can be downloaded here: Allgemeine Geschäftsbedingungen
1. PROVISIONS OF THE CONTRACT
Integral parts of the contract are:
1.1. the written agreement concluding the contract 1.2 decisions of the relevant authorities (including orders) 1.3. service specifications 1.4. plans and samples 1.5. the GTC 1.6. the relevant standards (Ö-Normen)
1.7 regulations as well as the Austrian Construction Work Coordination Act (Bauarbeitenkoordinationsgesetz, BauKG)
- Terms and conditions of the tenderer do not apply. In the event of conflicts arising between individual provisions of the contract, the preceding provision shall apply. In the event that one or more provisions of this contract be or become, partially or entirely, invalid, this shall not affect the effectiveness of the remaining provisions.
2. BID, PLACING, ORDER
2.1. The bid is free of charge for the principal.
2.2. The principal reserves the right to award the services offered at its own discretion.
2.3. The contractor shall be bound to his bid until the period for awarding the bid ends, eg four months following the delivery of the bid.
2.4. The contractor confirms - to have inspected the construction site; - to be able to carry out the tendered services within the defined period in perfect quality; - to hold all relevant business licenses and a liability insurance in the required amount.
3. START OF WORK
Following the placing of the order the works shall commence immediately and in coordination with the principal.
4. ANCILLARY SERVICES
In addition to the completion of his main contractual obligations, the contractor shall perform all ancillary services necessary for commencing and completing the entire contractual services in an appropriate and professional manner.
5. PRICES, CALCULATION, ACCOUNTING, PAYMENT
The contractor’s unit prices shall include all costs necessary for completing the entire contractual services in an appropriate and functional manner and all costs for ancillary services directly or indirectly related thereto. 5.1. The contractor shall notify significant cost overruns, and when failing to make such notification contractor forfeits all rights of compensation of such cost overruns. 5.2. In the event of an assignment for a fixed lump sum the parties agree to the following: the entire contractual services shall include the services according to the service specifications and the plans. 5.3. Providing the final invoice excludes additional claims, whatsoever, in any case. Reservations of any kind shall be void and insignificant.
6. REMEDY OF DEFICIENCIES, WARRANTY, LIABILITY and RISK OF LOSS
6.1. Defects objected by the principal shall be rectified at the earliest and within the shortest period of time technically possible. In the event that fixed dates cannot be kept, principal shall be entitled to remedy the defects at contractor’s costs and risk by third parties without being bound to a definitive price. 6.2. In the event of a not only minor and unrectifiable defect, principal shall be entitled to demand the complete or partial cancellation of the contract including reverse transaction. In general, the time limit for warranty and complaints shall be three years; the time period shall be five years regarding facade, window and sealing works; and ten years regarding works on flat roofs, balconies etc. If remedies of deficiencies are conducted within these time limits, the relevant period commences anew. 6.3. It shall be assumed that defects already existed at time of acceptance if the complaint is stated within the relevant stipulated time period. Until the correction of all defects by the contractor, the principal shall be entitled to a right of retention in an unlimited amount with respect to the compensation to be paid to the contractor. 6.4.The application of article 5.47.3 of ÖNORM B 2110 (reversal of the burden of proof upon expiry of the warranty period for damage claims) shall be explicitly excluded. 6.5. The contractor shall be liable without limitation for all disadvantages and/or harms caused by himself and/or his subcontractors, suppliers etc., also in cases of slight negligence.
7. DATES, CONTRACTUAL PENALTY
7.1. All dates mutually agreed upon by the principal and the contractor shall be subject to contractual penalties. A contractual penalty is not subject to the right of mitigation by court in accordance with Art. 1336 Austrian General Civil Law (Allgemeines Bürgerliches Gesetzbuch, ABGB) and is due regardless whether the principal suffered any actual damages. The contractor shall be liable to compensate all actual damages which exceed the amount of the contractual penalty.
8.1. The appointment of subcontractors shall be approved by the principal in written form. The contractor shall specify the subcontractors in his bid, or in any event in such a timely manner which enables the principal to verify the subcontractors. The principal shall be entitled to refuse a subcontractor without providing any reason.
9.1. The formal acceptance of the entire contractual services is agreed upon. Completion in parts shall be excluded. Art. 5.41.4 of ÖNORM B 2110 is explicitly excluded.
The assignment of claims of the contractor against the principal to third parties is excluded. JURISDICTION The place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship shall be the competent court for Vienna, Innere Stadt.