General terms and conditions of 3DesignEra
in the Following 3DesignEra
The benefits and offers, as well as all of the Client/the client (AG) contracts concluded the 3DesignEra be made solely on the basis of these GTC-ZT, regardless of the type of legal transaction. All of our private law declarations are to be understood ZT on the basis of these GTC-to. Contrary to or from our General terms and conditions-ZT deviating terms and conditions of the AG shall not apply unless we have expressly agreed in writing consented to their validity. Contract performance actions on our part are not considered as agreement to our terms and conditions-ZT terms and conditions. These terms and conditions apply as a framework agreement for all legal transactions between the parties to the contract.
2.1. Our (fee-based)offers are not-binding and without obligation. Of these GTC-ZT or other written declarations of different oral Representations, collateral agreements, etc., in particular, those that are made by the employees, workers, mail carriers/indoor, etc., are not binding on us.
2.2. If our order confirmation includes Changes to the order, shall be deemed by the parties to the contract/the contract partner is to be approved, provided that this does not immediately contradict it. Offers are submitted to us, so is the Offering adequate, but at least eight-day period from receipt of the offer in mind.
2.3. The content of the parties to the contract/the contract partner contract arises primarily from the written contract, including its attachments, the power of attorney and these General terms and conditions-ZT.
The Pkt. 2.1. the first and second sentence and 2.2. does not apply to consumer transactions.
3.1. Our services are based on the in the field of applicable performance objective, the scope of work, period of performance, as well as the circumstances of the Performance measure. The parameters for the Calculation of change during the processing time, after which he attributed – ver brought benefits on the basis of the new parameters.
3.2. Should the cost of wages between the conclusion of the contract and performance of the services due to the collective contractual Arrangements in the industry or intra-company financial statements, or should the other, for the calculation of relevant Costs or for the production of the necessary costs, such as those for materials, energy, transportation, foreign work, financing etc., we are entitled, the prices accordingly to increase or to decrease.
3.3. More benefits through Changes, not the sphere of 3DesignEra attributable to a revision, or modification of individual areas, particularly as a result of regulatory requirements, Changes in the relevant regulations and laws, and in response to changes in Customer desires, and are in accordance with the increased scope of services in addition to quenching and tempering.
4.1. We are entitled to our claims by presenting partial invoices, the VAT in the statutory amount may be included, due to. Partial invoices shall be made within 14 calendar days, the days of the Conclusion of the invoice within 30 calendar, the Invoice – the Client at the customer’s due. Without a special agreement, the deduction of a cash discount is not allowed.
4.2. In the case of payment arrears, we are from the due date be entitled to claim default interest at the statutory rate to charge.
4.3. In the case of default of payment can 3DesignEra interest on arrears in the amount of 8% above the respective base interest rate of the European Central Bank. The assertion of a greater damage remains unaffected, as does the permission of the client, in a single – case, lower burden to prove.
5.1. In addition to the General legal reasons, we are also in the case of default in acceptance or other important reasons, such as, in particular, in the case of interruption of power for more than three months by the AG and to Thwart the power of the AG to withdraw from the contract. For the case of cancellation, to apply the provisions of the civil code.
5.2. In default of payment, the contract partner/the partner, we are of all other performance and delivery obligations, and entitled to make outstanding deliveries or services and advance payments and / or adjustments or – if, after setting a reasonable grace period, to withdraw from the Contract.
5.3. The parties to the contract/the contract partner – without the right to withdraw from the contract or desires, he/she unjustified its cancellation, we have the choice, on the fulfillment of the contract or where the cancellation of the contract; in the last case, the point of 5.1. in the last sentence.
5.4. For the case of a justified withdrawal of our contract partners, we only pay for the services up to the effectiveness of the resignation to.
5.5. The cancellation is in writing, by registered letter to explain.
In the event of delay in payment, the contract partner/the partner, the resulting reminder fees in the amount of a lump sum of € 15,-plus postage per reminder – as for keeping track of the debt ratio in the Dunning – essence
per half-year, an amount of € 5,- to replace. In addition, all costs and expenses incurred by us from the reminder or the collection of payments that are due, in particular, for appropriate legal action necessary and appropriate out-of-court legal costs, etc., to be reimbursed by the debtor of the debtor are to us.
7.1. All the things and documents (plans, calculations, etc.) will be provided by us under retention of title delivered and remain until full payment of our property. In the case of default, we shall be entitled at any time to withdraw.
7.2. In return claim or return of the reserved goods by us is only a withdrawal from the contract, if this is expressly declared.
7.3. The AG bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
8.1. The compensation of any counterclaims with our (fee-based)claim, for whatever reason, is not permitted.
8.2. Claims against us may not, without our Express written consent will not be assigned.
9.1. Regardless of whether the work produced
(e.g., plans, sketches, models, other documentation, and documents) is copyrighted or not, the Client receives the customer the right, the work of the contractually stipulated purpose to use, only under the condition of complete fulfillment of the contract.
9.2. The 3DesignEra has the right of him/her in the course of the order-to-cash (in digital Form) collected data and information, without limitation, to operate. In particular, they can also be used to fulfill a new order.
9.3. The 3DesignEra is not obligated, to files and Layouts on the Computer that were created to the Client. The Client wants, the disclosure of computer data, this must be agreed and paid for.
9.4. All designs and drawings are subject to copyright law. The provisions of the copyright law shall apply between the parties, even if the necessary conditions for Protection should not be given in the individual case. Thus, the 3DesignEra in particular, the copyright claims from the Offering of the project.
9.5. The designs and drawings shall not, without the Express consent of the 3DesignEra neither in the Original nor in the reproduction can be changed. Any imitation – including sections thereof – is not permitted. A violation of this provision shall entitle the 3DesignEra, a contractual penalty in the amount of twice the agreed remuneration to the request.
9.6. The 3DesignEra has the right, on the reproduction pieces and in publications about the product as Ur – lifter called to be. A violation of the Right to attribution entitled the 3DesignEra for damages. Without proof of the Legal entity 100% of the can be Offered of the project as agreed Compensation as damages.
9.7. Suggestions and instructions of the customer or its employees and agents have no influence on the amount of the remuneration. Neither the co-authors of law.
10.1. Original plans, original drawings and documents are, in principle, we held, where we also have the electronic document archive of civil engineers operate. We are committed to our partners/our contract partner on whose Request copies of these documents in paper form delivered against reimbursement of costs. The surrender of Documents agreed in digital Form, meets us no liability whatsoever. The Client/the client has to keep us in this regard, harmless. We take over no liability for any errors or damages that could be caused to the computer system of the recipient of the digital data. We use computer programs for the prevention of aggressive computer programs (viruses, worms, etc.).
10.2. Our obligation ends ten years after the date of Deposit of the final fee based on the AG. We can us the documents during this time, by the surrender of the original of the parties to the contract/the contract partner of our Ver – preservation obligation.
11.1. Insofar as the contractual partner of his obligation for payment in instalments pay has, it is agreed, that in case of non-timely payment of only one Rate all of the outstanding part of the services without granting a period of Grace due immediately.
11.2. PT. 11. shops applies in the case of a Consumer, unless we have provided our service completely, only a backward part of the performance of the AG is at least six weeks due and payable, and if we have the AG setting a period of grace of at least two weeks under the threat of Terminver – lost reminder.
12.1. Warranty claims of the contractual partner of the contractual partner, we meet by fixing the defect, at our choice, either through replacement, Repair within a reasonable period of time or a price reduction. Claims for damages of the AG, aimed at remedying the defect, it can only be invoked if we are advised of the fulfillment of the warranty claims in – train.
12.2. The parties to the contract/the contract partner has defects that are not already in the Adoption, in writing, objected to were, immediately, at the latest within one week after their discovery in writing to complaints. A defect is not, or is not made in time of defect, our performance is deemed to be approved.
The Points In 12.1. and 12.2. do not apply to consumer transactions.
12.3. The warranty period for all of our services is three years from the completion of the contractually agreed performance.
12.4. egg Consumer business, we can us in the case of a genus fault of the claims of the AG on termination of the contract or in a reasonable reduction in price, thereby freeing that we are in a reasonable period of time, the man gelhafte case against a defect-free replacement. We can free ourselves from the obligation to grant a reasonable reduction in price that we make a difference in a reasonable period of time for the consumer, the consumer reasonable manner, an improvement, or the Lack of supplements.
13.1. The 3DesignEra be held liable if the contract is no different arrangements includes, irrespective of the legal reason, only for intent and gross negligence. This limitation of liability shall also apply for his vicarious agents. For slight negligence, he shall only be liable for the violation of essential contractual obligations. In this case, the liability for consequential damages is excluded damages and loss of profit. The liability for a positive breach, negligence in the conclusion of the contract and in tort is in addition to the replacement of the typical, foreseeable damage is limited.
13.2. For orders, in the name and on the account of the client to a third party is provided, assumes the 3DesignEra to the Contracting authority, will have no liability or warranty, to the extent that the 3DesignEra no choice at fault. The 3DesignEra occurs in these cases, merely as a negotiator on.
13.3. If the 3DesignEra self-Contracting of sub – Contractors is, you hereby, all of it is entitled, Warranties, damages and other claims arising out of incorrect, late or non-delivery to the Client. The Client is obliged, before the use of the 3DesignEra first to try the claims assigned to enforce.
13.4. The Client provides the 3DesignEra from all claims by third parties against the 3DesignEra because of a behavior for the Client according to the contract, the responsibility and / or liability. He bears the costs of any legal proceedings.
13.5. With the release of draft and final versions by the Customer assumes responsibility for the technical and function as intended and correctness of the Text, image, and design.
13.6. For the shared by the Client designs, developments, drafts, final versions and drawings void any and all liability for the 3DesignEra.
13.7. For the competition and labelling of legal admissibility and eligibility for Registration of the Work, as well as for the novelty of the product is liable to the 3DesignEra not.
14.1. All claims for damages in cases of slight negligence shall be excluded. The Presence of slight or gross negligence prove the Victim to sen.
14.2. Claims for damages become time-barred two years after the Termination of our activity, and at the latest within two years from the date of the Deposit of the final fee note, unless the law no shorter limitation period provides. In these General terms and conditions-ZT contained herein or otherwise agreed provisions on damages apply even if the damages claim in addition to or instead of a warranty claim is asserted.
14.3. Our plans, and other documents may otherwise exclusion of damages claims only after any required regulatory approval and explicit approval by us of the implementation to be used.
14.4. On Point. 14.1. and 14.2. the first sentence shall apply to contracts with consumers within the meaning of the consumer protection act, the rules laid down.
It is subject to Austrian law. The applicability of the UN sales Convention is expressly excluded. The contract language is German. The parties agree to Austrian Jurisdiction. The decision of all disputes arising from this contract is our firm competent court seat only local jurisdiction.
Place of jurisdiction is Vienna.
The parties to the contract/the contract partner is obliged to inform us of any Changes to his/her residential or business address, as long as the contractual right of a business not mutually be completely fulfilled. The message is, declarations shall be deemed received, if sent to the last known address.
Should individual provisions of these GTC-ZT whole or in part invalid or unenforceable or affect the validity of the Remaining terms and conditions do not.
Terms and conditions of the 3DesignEra