a) The following general terms and conditions apply to all current and future contracts between the client in his function as an entrepreneur and IBML Renewable Energy Consulting e.U.
b) Deviations from these conditions and in particular the conditions of the client only apply if they are approved by IBML Renewable Energy Consulting e.U. expressly acknowledged and confirmed in writing.
a) The offers of IBML Renewable Energy Consulting e.U. are, unless otherwise stated, non-binding with regard to all specified data including the fee.
b) Changes that may be contained in an order confirmation of IBML Renewable Energy Consulting e.U. with regard to the offer are deemed to be approved by the client unless immediate objections in writing are provided.
c) Any agreements must in general be done in writing.
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 IBML Renewable Energy Consulting e.U. to become the subject of the present contractual relationship.
c) IBML Renewable Energy Consulting e.U. undertakes all reasonable measures to carry out the order placed in accordance with the generally accepted rules of technology and the principles of economic efficiency.
d) IBML Renewable Energy Consulting e.U. may use other authorized persons to fulfill the contract and issue orders to them in the name and for the account of the customer. IBML Renewable Energy Consulting e.U. is, however, obliged to inform the customer of this intention in writing and to give the customer the opportunity to object to this order being placed with a third party within 10 days.
e) IBML Renewable Energy Consulting e.U. can also use other authorized persons as sub-planners to fulfill the contract and use them in the name and for the account of order given to the engineering office (IBML Renewable Energy Consulting e.U.). In this case IBML Renewable Energy Consulting e.U. is, however, obliged to inform the customer in writing if it intends to have orders carried out by a sub-planner and to give the customer the opportunity to object to this order being placed with the sub-planner within one week. In that case IBML Renewable Energy Consulting e.U. needs to carry out the assignment itself.
a) Warranty claims can only be raised after notification of defects, which must be made exclusively by registered letter within 14 days of delivery of the service or partial service.
b) Claims for rescission and price reduction are excluded. Claims for improvement or addition of the missing are from the engineering office IBML Renewable Energy Consulting e.U. within a reasonable period of time, which should generally be one third of the period agreed for the performance of the service. A claim for damage caused by delay cannot be asserted within this period.
c) IBML Renewable Energy Consulting e.U. shall provide his services with the care to be expected from him as a specialist (§ 1299 AGBB).
d) In case IBML Renewable Energy Consulting e.U. culpably caused damage to the customer in violation of his contractual obligations, his liability for compensation for the damage caused thereby is limited as follows in the case of slight negligence, unless otherwise agreed in individual cases:
1) in the event of withdrawal and personal injury without limitation,
2) in all other cases with the following limitations:
- for an order amount of up to EUR 250,000: a maximum of EUR 12,500;
- for an order total of more than EUR 250,000: 5% of the order total, but no more than EUR 750,000
3) Liability for consequential damage and loss of profit is also excluded in the event of gross negligence, unless otherwise agreed in individual cases.
a) Withdrawal from the contract is only permitted for important reasons.
b) If the engineering office IBML Renewable Energy Consulting e.U. is in delay with provision of a service, the client can only withdraw after setting a reasonable grace period; the grace period is to be set by registered letter.
c) If the client defaults on a partial service or an agreed cooperation activity, which significantly delays or inhibits the execution of the order by IBML Renewable Energy Consulting e.U., IBML Renewable Energy Consulting e.U. is entitled to withdraw from the contract.
d) In case IBML Renewable Energy Consulting e.U. id entitled to withdraw from the contract, the latter retains the right to the entire agreed fee, also in the event of unjustified withdrawal by the customer. Furthermore, § 1168 AGBB applies; in the event of justified withdrawal by the customer, the engineering office IBML Renewable Energy Consulting e.U. to reward achievements.
a) Unless otherwise stated, all fees are in EURO.
b) Sales tax (value added tax) is not included in the stated fee amounts. VAT must be paid separately by the client.
c) Compensation with any counterclaims, for whatever reason, is not permitted.
d) Unless expressly agreed otherwise, payment without deductions must be made within 30 days of invoicing to IBML Renewable Energy Consulting e.U. to the specified account of a bank with a domestic branch. In the event of late payment, interest of 9.2% per annum above the base interest rate of the ECB plus reminder fees must be paid.
The place of performance for all office and consulting services is the headquarters of IBML Renewable Energy Consulting e.U.
a) IBML Renewable Energy Consulting e.U. is obliged to keep all information provided by the customer confidential.
b) IBML Renewable Energy Consulting e.U. is also obliged to keep its planning activities secret if and for as long as the client has a legitimate interest in this confidentiality. After completing the order, IBML Renewable Energy Consulting e.U. is entitled to publish the contractual work in whole or in parts for advertising purposes, unless otherwise contractually agreed.
a) IBML Renewable Energy Consulting e.U. reserves all rights and uses of the documents it has created (in particular plans, brochures, technical documents).
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 IBML Renewable Energy Consulting e.U. All documents may therefore only be used for the purposes expressly specified when the order was placed or by a subsequent agreement.
c) IBML Renewable Energy Consulting e.U. is entitled, and the client is obliged, to state the name (company, business name) in publications and announcements about the project.
d) In the event of violation of these provisions for the protection of the documents, IBML Renewable Energy Consulting e.U. Claim for a penalty in the amount of twice the reasonable fee for the unauthorized use, whereby the assertion of a claim for damages that goes beyond this remains reserved. This penalty is not subject to judicial mitigation. The burden of proof that the client has not received the documents from IBML Renewable Energy Consulting e.U. used is the responsibility of the customer.
a) For contracts between the client and the engineering office IBML Renewable Energy Consulting e.U. Austrian law applies exclusively.
b) For all disputes arising from this contract, the jurisdiction of the relevant court (Corneuburg Commercial Court, Gänserndorf District Court) at the headquarters of IBML Renewable Energy Consulting e.U. shall be agreed.
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