Imprint
Information support according to paragraph § 5 1 E
| Company Name | qpunkt GmbH |
| Address | Gewerbepark 11 |
| Postal Code / Name | A-8075 / Hart bei Graz |
| Telephone / Fax | +43 (0)316 572 111 |
| Mobile | +43 (0)664 8842 1430 |
| Homepage | www.qpunkt.at |
| office@qpunkt.at | |
| Bank | Raiffeisenbank Graz / St.Peter BLZ 38367 / BIC RZSTAT2G367 |
| Account number | 1033026 |
| IBAN | AT483836700001033026 |
| VATIN | ATU 64205112 |
Enterprise General conditions for Engineering agen
1.) Validity of enterprise general conditions and exceptions
a) The following general enterprise conditions are valid for all the present and future contracts between the customers and the engineering agency. Deviations from these conditions, especially by the customer, are valid only when they are made clearly and in written form and then acknowledged and confirmed by the engineering agency. In generally, Consumer Protection Act states that if the contracts are concluded with consumers, then imperative instructions of the law surpass in importance these general enterprise conditions.
2.) Offers and dependent agreements
a) If nothing else is foreseen, the offers of the engineering agency, to be more exact, those that concern all the mentioned data including the fees, are without obligation.
b) If the confirmation of the commission fulfillment by the engineering agency contains data other than in the commission itself, then the mentioned data on the permission of the customer are valid, if there is no immediate objection from the customer in written form.
c) Agreements are made in written form only.
3.) The issue of the commission
a) The type and the amount of the duty that are agreed upon, originate from the contract, authority and general enterprise conditions.
b) In order to be included to the given contract, amendments and supplements to the contract require written confirmation of the engineering agency.
c) The engineering agency takes the responsibility for consequent realization of the task ordered to him according to generally accepted rules of safety measures and economy principles.
d) The engineering agency has the right to engage other commissioners for the execution of a contract and commission tasks to them in the name of and on the account of the customer. The engineering agency, however, takes the responsibility to notify the customer of this intention in written form and also provide the customer the possibility to object to the task commissioning to the third party in 10 days.
e) The engineering agency has also the right to engage for the execution of a contract other commissioners as temporary employees and commission tasks to them in the name of and on the account of the engineering agency. The engineering agency, however, takes the responsibility to notify the customer in written form, of the intention to commission tasks to a temporary employee, to object to the task commissioning to the temporary employee in a week; in this case the engineering agency has to complete the task itself.
4.) Guarantees and Payment of Damages
a) Guarantees can be instituted only according to reclamations that can only be produced by registered letters in 14 days since the transmission of the obligation fulfillment or its partial fulfillment.
b) Claims for withdrawal of the contract and reduction of prices are inadmissible. Claims for corrections or substitution of the missing parts are considered by the engineering agency in proper time, that generally is the third of the time needed for completion of the task in addition to the main time. Claims for delay damage in this period are inadmissible.
c) The engineering agency’s specialist should fulfill the tasks with accuracy that complies with the standards (§1299 AGCC).
5.) Deviations from the contract
a) Deviations from the contract are possible only in exceptional cases.
b) In case of delay with the fulfillment of a task by the engineering agency, ex parte rejection can be made by customer only after setting a proper prolongation period; the prolongation is to be set with a registered letter.
c) In case of delay of the customer in partial fulfillment or an additional collaboration activity, that makes the fulfillment of the task by the engineering agency impossible or seriously impeded, the engineering agency has a right to make an ex parte rejection.
d) If the engineering agency has a right to ex parte rejection, and in case of illegal ex parte rejection of the customer, this claim is reserved on the mutual fees. See further information in §1168 AGCC; in case of legal ex parte rejection of the customer the work fulfilled by the engineering agency is to be restituted by the customer.
6.) Fees, work content
a) If nothing else is foreseen, all the fees are paid in EURO.
b) The above-mentioned fee sums do not include receipts tax (value added tax), as these are paid by the customer.
c) Compensation for possible counterclaims on usual grounds is inadmissible.
d) If nothing else is foreseen, the engineering agency’s industrial group are not covenant to give calculation advice.
7.) Place of performance of contract
Place of performance of contract for all the agency activities is the residence of the engineering agency.
8.) Privacy policy
a) The engineering agency takes the responsibility for keeping secret all the information received from the customer.
b) The engineering agency also takes the responsibility for keeping the planned activities of the customer secret, when and while the customer is especially interested in such privacy. Having fulfilled the task, however, the engineering agency has a right to promulgate for advertisement purposes, fully or partially, the substantial work performed by its specialists in the frame of the contract, if nothing else is foreseen by the contract.
9.) Documentation Protection
a) The engineering agency enjoys the right to use the documentation produced by its specialists (especially plans, promotional materials, technical documentation) and all the other adjoining rights.
b) All kinds of use (especially processing, realization, photocopying, distribution, open demonstrations, provisions to use) of the documents or their parts are possible only after clear permission of the engineering agency. That’s why all the documents can be used by the customers only while commissioning the task or in order to perform other tasks clearly defined in a further agreement.
c) It is the engineering agency’s right, and the customer’s responsibility, to refer to the name (firm, activities) of the engineering agency in publications and announcements concerning the project.
d) In case of the non-fulfillment of conditions concerning documentation protection, the engineering agency has a right to set a fine at the rate of a double proportionate compensation for unauthorised use, whereas the right to exercise the resultant claim to compensation is reserved. This fine is not subject to legal proceedings for penalty commution. The burden of evidence that the customer has not used the documentation of the engineering agency, is imposed on the customer.
10.) The choice of rights, jurisdiction
a) Only Austrian law can be applied to the contract between the customer and the engineering agency.
b) All the moot points concerning the contract will lie the in the competence of a jurisdictionally competent court agreed upon at the residence of the engineering agency.
21.04.2008
