GENERAL TERMS AND CONDITIONS OF BUSINESS
1. General principles / scope of application
1.1 All offers and contracts (legal transactions) between the Client [hereinafter referred to as "Client"] and the Contractor [Vienna Construction Management GmbH; hereinafter referred to as "Contractor"] shall be governed exclusively by these General Terms and Conditions [hereinafter referred to as "GTC"] in the version valid at the time of conclusion of the contract.
1.2 Should individual provisions of these GTC be and/or become invalid, this shall not affect the validity of the remaining terms and conditions and the contracts concluded on the basis thereof. In such cases, ineffective terms shall be replaced by effective ones that come as close as possible to their meaning and economic purpose.
1.3 The basis of this agreement is ÖN B 2110 as amended on 15.03.2013. The agreements stipulated therein are valid as long as they are not explicitly amended by the present General Terms and Conditions.
1.4 There is no objection on the part of the Client that the Contractor may use the successfully performed services under this contract as a reference in other award procedures.
2. Offers
2.1 The offers of the Contractor are valid for 30 days from the date of issue.
3. Placing of order / Substitution
3.1 The subject and scope of services shall be contractually agreed in writing in each individual case.
3.2 Amendments and supplements to concluded contracts between the Client and the Contractor are subject to the unconditional written form and the written confirmation of the contracting parties.
3.3 The Contractor is entitled to have assigned tasks performed in whole or in part by qualified and qualified substitutes or subcontractors. Payment of the same shall be made exclusively by the Contractor. No contractual relationship whatsoever shall arise between such third parties and the Client. Services performed by these substitutes or subcontractors shall be deemed to have been performed by the Contractor itself.
4. Preparatory actions of the AG
4.1 The Client is responsible for ensuring that the necessary preliminary inputs for the fulfillment of the contract are available to the Contractor in order to allow the Contractor to work as uninterruptedly as possible. Planning specifications and a planning lead time of at least 4 weeks before the start of the work in question must be met.
4.2 The Client ensures that all documents and information necessary for the fulfillment and execution of the contract are submitted or made available to the Contractor in a timely manner, without being specifically requested to do so, and that the Contractor is informed of all processes and circumstances that are of importance for the execution of the contract. This shall also apply to all documents, processes and circumstances which only become known during the Contractor's activities.
4.3 Unless regulated otherwise in the contract, any necessary official permits shall be obtained by the Client in time and handed over to the Contractor.
5. Pricing
5.1 The prices quoted are based on the assumption that the work will be carried out in sequence and during normal working hours.
5.2 The offered prices take into account all complications that were disclosed by the client in the course of the tender or are apparent otherwise.
6. Liability / Compensation for damages
6.1 The Contractor shall only be liable to the Client for damage - except for personal injury - in the event of gross negligence (intent or gross negligence). This shall also apply mutatis mutandis to damage caused by third parties engaged by the Contractor.
6.2 Claims to damages by the client can only be asserted in court within six months of knowledge of the damage and the damaging party, but at the latest within three years of the event giving rise to the claim. The liability is in any case limited to the available liability insurance sum of € 1 million and is without exception dependent on fault. Our liability for consequential damage caused by defects is expressly excluded. The client undertakes to pass on this circumstance to third parties. The judicial right of moderation is expressly agreed upon.
6.3 The Client shall provide evidence that the damage occurred is the fault of the Contractor.
6.4 If the Contractor performs the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Contractor shall assign these claims to the Client. In this case, the Client must primarily address these third parties.
7. Privacy
7.1 In order to comply with the DSGVO, we inform you that we store your personal data and also pass them on to third parties for the purpose of site management.
7.2 The Contractor shall be entitled to process personal data entrusted to him within the scope of the intended purpose of the contractual relationship. The Client warrants to the Contractor that all necessary measures have been taken for this purpose, in particular those within the context of the currently applicable data protection laws, such as declarations of consent by the persons concerned.
7.3 For more details, please view our privacy policy, which you can download at www.vcm.com.
8. Billing / Invoicing / Payment
8.1 The invoicing of the work and services shall be carried out on a monthly basis on the basis of the quoted unit prices. Any amendment to these terms of payment must be expressly made in writing.
8.2 The Contractor will issue an invoice with all legally required features that entitles the Contractor in each case to deduct input tax.
8.3 If the agreed work is not performed due to reasons on the part of the Client or due to a justified premature termination of the contractual relationship by the Contractor, the Contractor shall retain the right to payment of the entire agreed fee less saved expenditures.
8.4 In the event of non-payment of intermediary invoices, the Contractor is released from his obligation to provide further services. However, this shall not affect the assertion of further claims resulting from the non-payment.
8.5 The Contractor is authorized to send invoices to the Client also in electronic form. The Client expressly agrees to the sending of invoices in electronic form by the Contractor.
9. Duration of the contract
9.1 This contract ends in principle with the completion of the project.
9.2 The contract may nevertheless be terminated at any time for serious reasons by either party without observing a period of notice. Important grounds shall be deemed to include in particular:
- if a contractual partner violates essential contractual obligations or
- if a contracting party defaults on payment after insolvency proceedings have been opened.
- if there are justified doubts regarding the creditworthiness of a contractual partner in respect of whom no insolvency proceedings have been opened and the contractual partner fails to make advance payments at the Contractor's request or to provide suitable security prior to the Contractor's performance.
10. Final provisions
10.1 The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to notify each other of any changes without delay.
10.2 Amendments to the contract and these GTC must be made in writing; likewise, any waiver of this formal requirement. Verbal collateral agreements do not exist.
10.3 This Contract shall be governed by Austrian substantive law, excluding the conflict of law rules of private international law. The Commercial Court in Vienna shall have jurisdiction over disputes.
