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General terms and conditions of the higher technical federal teaching and research institute Vienna 20

1st order

Orders or changes to these are only accepted in writing with a company drawing. Oral side agreements do not exist or are ineffective.

If, in the course of the execution of the order, further services are required that were not originally planned, the research institute will establish an agreement with the client on this before they are carried out. If the necessity or appropriateness of this service is determined by mutual agreement, the changed contractual conditions or the changed fulfillment date must be agreed in writing.

2. Investigations outside the research institute

Insofar as examinations are to be carried out outside the research facility in order to fulfill the contract, the client must provide access to the relevant locations. Furthermore, the client must ensure that the objects to be examined are accessible in a way that allows for the unhindered fulfillment of the contract. In particular, the client must take all necessary precautions to protect third-party rights (including the rights of the Republic of Austria that cannot be assigned to the research institute). In the case of sampling, the research institute is not responsible for closing the sampling points, removing rubble, any damage that may have occurred (e.g. damage to the fields) and installing shut-off devices.

3. Cost

The costs listed in the offer relate to the scope of services specified in the contract. Information, advice, repeat examinations, supplementary examinations, etc. will be billed additionally. The applicable fee rates for civil engineers are used as the basis for billing.

4. Results

Order results are communicated to the client in writing (test report, inspection report, short report, expert opinion, letter, etc.). The client is obliged to exempt the research institute from any third party claims when passing on the results.

The research institute retains the copyright to its services. With payment, the client does not acquire the right to use the services for purposes other than those agreed or to enable third parties to use them without the consent of the research institute.

5. Confidentiality

Unless the client exempts it in writing, the research institute undertakes to keep the order confidential and the knowledge gained in the execution of the order, in particular about operational and business matters of the client and to transfer this obligation to any vicarious agents. The research institute is obliged to use the information received from the client exclusively to fulfill the purpose of the contract.

6. Right of Publication

The client may only publish the results of the investigation in full and with the name of the research institute. Part or extract publications are to be designated as such and require the prior written consent of the research institute.

7. Test material, documents, information

The client must provide the testing facility with all test items, documents, etc. carriage paid and provide all the information required to fulfill the order. In addition, the client has the duty to disclose characteristics of the test material that could lead to a hazard in the research institute or third parties. The completeness of all necessary documents and the receipt of an agreed advance payment are the prerequisites for the start of the examinations. Terms and Conditions 2012

8. Liability

The research institute is not liable for damage to the specified test material caused by transport, burglary, theft, fire, water or force majeure, unless it is due to gross negligence for which it is responsible. In particular, it is not liable for damage that is typically or necessary associated with carrying out the investigation. The research institute is therefore only liable in the event of willful intent and / or gross negligence. The reversal of the burden of proof for gross negligence is excluded. Furthermore, any liability of the research institute - even in the case of slight negligence - for claims arising from lost profit, unrealized savings, loss of interest, consequential damage and financial loss is excluded.

It is stated that the examinations carried out by the research institute are not subject to the provisions of the Product Liability Act and that the services (examinations) of the research institute do not include the testing of freedom from defects within the meaning of the Product Liability Act.

9. Right of withdrawal

If an order is withdrawn, restricted or postponed by the client, the research institute is entitled to reasonable compensation for costs and damages.

The research institute is entitled to withdraw from the order if

a) Compensation or bankruptcy proceedings are opened against the client's assets

b) timely fulfillment of the order is impossible due to circumstances for which the client is responsible

c) in the case of an agreed total or partial advance payment obligation on the part of the client, the client does not meet his obligations despite the setting of a grace period.

If the research institute declares its withdrawal from the order in the above-mentioned cases, it is entitled to reimbursement of all of its costs incurred up to now.

10. Storage and disposal of the test material

The removal, treatment and whereabouts of test items are to be agreed when placing the order, otherwise the research institute reserves the right to make a free decision. The research institute is free to store test items that are not collected at the latest 3 weeks after a written request, at the expense and risk of the client, and to dispose of or destroy them in compliance with the warranty period.

11. Claims for defects / offsetting prohibition

Notices of defects must be submitted in writing to the research institute no later than 4 weeks after receipt of the test results. After the specified period has expired, all warranty and compensation claims are time-limited. The payment obligation for the test order is neither canceled nor extended by a complaint. Offsetting against claims from the research institute with claims from the client is therefore excluded.

12. Terms of Payment

All payments are to be made in Austrian currency within 30 days of receipt of the invoice without any deductions.

13. Place of jurisdiction

For disputes between the client and the research institute that cannot be settled in out-of-court proceedings, the exclusive jurisdiction of the District Court for Commercial Matters Vienna or the Commercial Court Vienna shall apply, depending on the amount in dispute.

Only Austrian (both formal and material) law applies to the legal relationships.

14. Consumers

For legal transactions with consumers within the meaning of the Consumer Protection Act, the above conditions only apply insofar as this does not necessarily provide for other provisions.

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