a) The following general terms and conditions apply to all current and future contracts between the client as a consumer (consumer for short) and IBML Renewable Energy Consulting e.U.
b) Insofar as there are mandatory legal provisions, in particular according to the Consumer Protection Act (KSchG) and the Distance and Foreign Business Act (FAGG) in the currently valid versions, and these deviate from the General Terms and Conditions below, these take precedence in their application.
c) The applicability of these terms and conditions is not affected by the possible ineffectiveness of individual provisions. An ineffective provision is to be replaced by another valid and permissible provision that most closely corresponds to the sense and purpose of the invalid provision.
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) For the preparation of a cost estimate within the meaning of § 1170 AGBB by IBML Renewable Energy Consulting e.U. the consumer only has to pay a fee if he has been informed of this obligation to pay beforehand.
c) If a cost estimate from IBML Renewable Energy Consulting e.U. is taken as a basis, its correctness is guaranteed unless the opposite is expressly stated.
d) If an order confirmation from IBML Renewable Energy Consulting e.U. contains changes compared to the order, these changes are deemed to have been approved by the consumer, if they are announced by IBML Renewable Energy Consulting e.U. within a defined deadline regarding such changes. Such a requirement for consent does not apply if the change or deviation is reasonable for the consumer, because it is minor and objectively justified. Anything beyond that must demonstrably be detailed and negotiated between IBML Renewable Energy Consulting e.U. and the consumer.
a) The type and scope of the agreed service result from the contract, power of attorney and these General Terms and Conditions.
b) Unless otherwise expressly agreed in detail, contracts between IBML Renewable Energy Consulting e.U. and the consumer are closed in the business premises of IBML Renewable Energy Consulting e.U. In this sense, any declarations made by the consumer outside of these areas (e.g. on the construction site or by e-mail) only become part of the contract, if they are referred to within the business premises of IBML Renewable Energy Consulting e.U. expressly.
c) In the case of the conclusion of a contract as distance selling or external business within the meaning of the FAGG or according to the KSchG, IBML Renewable Energy Consulting e.U. comply with the statutory information obligations. The consumer undertakes to point out any gaps in the instruction - if they are noticeable or if they are obvious.
d) 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.
e) 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.
f) 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.
g) IBML Renewable Energy Consulting e.U. will indicate the legal consequences of not objecting in the communication within periods defined in 3.e and 3.f. In both cases, a written declaration regarding the further procedure must be made by the consumer.
a) The legal Warranty Provisions are applicable. Any existing guarantee is not impacted by these.
b) IBML Renewable Energy Consulting e.U. has to provide his services with the care to be expected from him as a specialist (§ 1299 AGBB).
c) 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 permissible for important reasons or in accordance with the mandatory statutory provisions, in particular the KSchG and the FAGG.
b) IBML Renewable Energy Consulting e.U. shall issue relevant information sheets to the consumer at the latest at the time the contract is concluded in accordance with its statutory information obligations, in particular pursuant to the KSchG and the FAGG. The consumer undertakes to point out any gaps in the instruction or the incompleteness of the information documents if they become apparent or if they are obvious.
c) In the event of delay by IBML Renewable Energy Consulting e.U. the consumer can only withdraw from a service after setting a reasonable grace period; the grace period is to be set by registered letter. This does not apply to fixed transactions.
d) If the consumer is delayed on a partial service or an agreed cooperation activity, so that the execution of the order by IBML Renewable Energy Consulting e.U. impossible or significantly impeded, IBML Renewable Energy Consulting e.U. is entitled to withdraw from the contract.
e) Furthermore, § 1168 AGBB applies to the question of thwarting the execution, crediting and any existing claim for payment or setting a grace period.
a) Unless otherwise stated, all fees are in EURO.
b) Sales tax (value added tax) is included in the stated fee amounts. VAT will be paid by IBML Renewable Energy Consulting e.U..
c) Compensation with any counterclaims, for whatever reason, is not permitted. This does not apply in the event of the insolvency of IBML Renewable Energy Consulting e.U. and for counterclaims that are legally related to the liability of the consumer, which have been determined by a court or which have been determined by IBML Renewable Energy Consulting e.U. have been recognised.
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 competent court at the headquarters of the engineering office IBML Renewable Energy Consulting e.U.
a) Für Verträge zwischen Auftraggeber und dem Ingenieurbüro IBML Renewable Energy Consulting e.U. kommt ausschließlich österreichisches Recht zur Anwendung.
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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