General Terms and Conditions of UTC Environmental Technology and Civil Engineers GmbH
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1. Validity of the general terms and conditions and deviations
a) The following general terms and conditions (GTC) apply to all current and future contracts between the client and UTC.
b) Deviations from these conditions and in particular the conditions of the client only apply if they are expressly recognized and confirmed by UTC in writing. This provision does not restrict the effectiveness of informal declarations made by representatives of UTC to the customer.
c) If individual provisions of these General Terms and Conditions are or become invalid, this does not affect the validity of the remaining provisions.
2. Offers, ancillary agreements
a) Unless otherwise stated, offers from UTC are non-binding with regard to all data provided, are subject to change and are subject to misprints and other errors. b) Offers are prepared by UTC to the best of its knowledge and belief. However, UTC does not assume any liability for the correctness and completeness.
c) If an order confirmation from UTC contains changes to the order, these shall be deemed to have been approved by the client unless the client objects immediately in writing.
d) Agreements must always be in writing. This provision does not restrict the effectiveness of informal declarations made by representatives of UTC to the customer.
e) Unless otherwise agreed, offers are generally valid for 3 months from the date of their creation.
3. Placing of Orders
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 UTC in order to become the subject of the present contractual relationship. This regulation does not limit the effectiveness of informal declarations made by UTC representatives to consumers.
c) UTC undertakes to properly carry out the order placed with UTC in accordance with the generally recognized rules of technology and the principles of economic efficiency.
d) UTC may use other authorized persons (subcontracting) to fulfill the contract and issue orders to them in the name and for the account of the customer.
e) The UTC plans to commission an accredited test laboratory with any necessary chemical analyses.
4. Obligations of the client
a) The installation survey and written approval of the drilling and digging sites with regard to underground installations are carried out by the client in good time before the start of the work, so that no delays or additional costs arise for UTC from this title.
b) The client must keep the work area freely accessible and free throughout the entire construction period. The work can be carried out during normal working hours (Monday - Friday from 7 a.m. to 6 p.m.). Switching to night or weekend times is not necessary.
c) For the duration of the order, the client must secure the construction site against unauthorized access by means of suitable measures such as site fences or the like. In doing so, he must observe the statutory provisions.
d) Prior to the execution of the order, the customer must inform UTC of existing safety precautions and regulations on the construction site and in particular of accident prevention regulations.
e) The customer shall provide sanitary facilities on site free of charge for the UTC employees working on the construction site, provided sanitary facilities are not already available.
f) If the services to be provided by UTC make use of properties that are not owned by the client, the client must submit written approval for the use of the properties in good time before the services are carried out.
g) In the case of permanent stress, corresponding land registry easements of the affected owners must be provided. The customer shall bear the associated costs, rents and severance payments
5. Withdrawal from the contract
a) Withdrawal from the contract is only permitted for good cause.
b) If UTC is in default with a service, the client can only withdraw after setting a reasonable grace period; the grace period is to be set by registered letter (simple writing is sufficient for customers).
c) If the customer defaults on a partial service or an agreed cooperation activity, which makes it impossible for UTC to carry out the order or significantly impedes it, UTC is entitled to withdraw from the contract.
d) If UTC is entitled to withdraw from the contract, UTC retains the right to the entire agreed fee, also in the case of unjustified withdrawal by the customer. Furthermore §1168 ABGB applies; if the client withdraws with justification, the services rendered by UTC must be paid for by the client.
e) Consumers within the meaning of the KSchG have the right to withdraw from the contract within 14 days without giving a reason. The cancellation period begins on the day on which the contract was concluded in writing or orally. In order to exercise the right of cancellation, the consumer must inform UTC of his decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
6. Billing, Payment
a) Services rendered are billed monthly and based on actual expenditure.
b) The unit prices are based on a weekly working time of 40 hours. If, in agreement with the client, it is necessary to exceed the working hours for project-related reasons, the legally applicable surcharges will be charged.
c) The stated invoice amounts do not include sales tax (value added tax), which must be paid separately by the customer.
d) Payments are to be made net without deductions within 14 days of separate invoicing.
e) A cash discount is only permitted on the basis of an express prior written agreement and within the agreed payment period.
f) If there are justified doubts as to the solvency or creditworthiness of the customer, UTC is entitled to demand advance payment, cash payment or other security services at any time, even if they deviate from the originally agreed terms of payment.
g) In the event of a delay in payment, UTC will charge the customer 9.2% interest on arrears pa
h) Compensation with any counterclaims, for whatever reason, is not permitted. Customers may only offset with recognised, court-determined and related counterclaims and in the event of insolvency by UTC.
7. Price Adjustment Clause
a) The unit prices offered apply as fixed prices for a period of 12 months from the date of the offer. The prices are then adjusted according to the indexation based on the base value published annually by the Federal Chamber of Architects and Engineering Consultants.
8. Warranty and Compensation
a) UTC guarantees the correctness of the result of the inspection.
b) Claims for rescission and price reduction are excluded for entrepreneurs. Claims for improvement or supplementation of what is missing must be fulfilled by UTC 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) UTC shall perform its services with the care to be expected from it as an inspection body.
d) The right to rectification or new provision expires when the period of validity of the assessment certificate expires.
9. Liability
a) UTC is liable for the correctness of the result of the inspection.
b) UTC is liable for personal injury, property damage and financial loss caused by the fault of employees and/or the use of equipment and vehicles by UTC.
c) UTC accepts no liability for violations of legal interests and damage of any kind caused by UTC due to a lack of information from the client.
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10. Place of Performance
a) The place of performance for all services is the registered office of UTC.
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11. Confidentiality
a) UTC is obliged to keep confidential all information provided by the client and all information received or created during the execution of the inspection activities. If, in the course of local surveys or sampling, contamination or dangerous substances in the sense of an environmental hazard are found on site, we are obliged within the scope of our authority and oath to inform the responsible state authority.
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12. Protection of Plans
a) Plans, expert opinions, reports, technical documents and the like from UTC are protected by copyright. Any publication, in whole or in part, is only permitted with the consent of UTC; the same applies to disclosure and repeated use by third parties or the client himself.
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13. Choice of Law, Place of Jurisdiction
a) Austrian law applies exclusively to contracts between the client and UTC.
b) For entrepreneurs, the responsibility for all disputes arising from this contract shall be that of the competent person
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Contact
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If you have general questions about the Services or the information we collect about you and how we use it, please contact us at:
Name: UTC Environmental Technology Civil Engineers GmbH
Address: Feldkirchnerstrasse 24, 9020 Klagenfurt
Email address: office@utc.co.at
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