EnglishLegal Notice: This is a convenience translation of the original German version.In the event of any discrepancies or disputes, the German version remains the legally binding document.
The following general conditions of direction, owner Christian Milacek, are an integral part of all deliveries and services.
For this and all subsequent orders and agreements with the client, these general terms and conditions of the contractor, hereinafter referred to as direction, apply to the exclusion of all purchasing conditions of the client. Purchasing conditions of the client and further agreements are thus excluded for the present legal transaction and the entire business relationship, unless these are recognized in writing and signed by direction. Offers are generally subject to change.
2.1 Delivery is at the expense and risk of the client, unless the client pays a separately invoiced transport and insurance cost contribution for delivery free house. 2.2 Partial deliveries are possible. 2.3 Complaints arising from transport damage must be made in writing by the client to the transport company and direction immediately upon receipt of the goods. 2.4 Storage measures necessitated by reasons attributable to the client are at the client's expense and are considered delivery. 2.5 The place of performance for delivery and payment is the registered office of direction.
3.1 Unless specified otherwise, prices apply to unpacked and uninsured goods from the Austrian warehouse plus applicable sales tax. 3.2 Direction is entitled to charge the prices of the price list valid on the day of delivery for the category corresponding to the order. If the invoice price increases by more than 7% compared to the contract price, the client has the right to withdraw from the order without mutual compensation claims. In case of changes in the exchange rate of the Euro up to delivery of up to 3% compared to the supplying country(ies), direction is entitled to pass the change on in full to the client, whereby a right of withdrawal is excluded in this case. Direction is released from the delivery obligation if direction has not been supplied on time or in the correct quality and other specifications by sub-supplier(s), if changes occur in the officially created import conditions, in case of significant changes in the exchange rate, force majeure, labor conflicts, and other obstacles unavoidable for direction. In these cases, direction has the right to shorten the agreed delivery quantity without any right to subsequent delivery. 3.3 Direction endeavors to adhere to agreed delivery dates as precisely as possible. If the specified delivery date is exceeded by more than 30 working days, the client is entitled to withdraw from the contract for goods not in special production for the client or goods not yet in delivery after setting a further grace period of at least 30 days by registered letter. For special productions, the grace period is extended to at least 90 days. In all cases, direction is only obliged to interest-free reimbursement of payments received.
4.1 Invoicing takes place as soon as possible after delivery and/or performance. Objections to an invoice must be made in writing to direction within one month of receipt of the invoice, otherwise the claim is considered recognized. 4.2 For orders comprising several units, direction is entitled to invoice after delivery of each individual unit or service. 4.3 Compliance with agreed payment dates for all legal transactions with direction is an essential condition for the execution of the delivery or contract fulfillment by direction. In case of default, default interest of 5% above the respective National Bank discount rate, but at least 12%, will be charged. 4.4 The client is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims, or complaints. Offsetting against counterclaims is excluded. 4.5 Delivery takes place, in case no agreement has been made, cash on delivery. If no payment term has been agreed, the invoice is due 7 days after invoicing without any deduction. Other agreements on payment conditions are stated on the invoice. Service invoices and small amounts up to EUR 100.- are generally due in advance or cash on delivery without any deduction. For orders under EUR 200.-, as well as if the minimum order quantity is not reached according to our specifications, a processing fee of EUR 20.- excl. VAT will be charged. 4.6 Checks, bills of exchange, and credit cards are not accepted. 4.7 In case of default, the costs incurred as a result, in particular reminder and collection fees, the costs for the collection agency, and legal representation costs, are at the expense of the client.
5.1 The delivered machines and accessories remain the unrestricted property of direction until full payment (including interest and reminder fees). During this time, the client must ensure proper maintenance (maintenance and repair) at his own expense. Pledges or transfers of ownership as security before full payment are excluded. 5.2 If the client does not properly fulfill his obligations under the contract, direction is entitled at any time to retrieve its property at the client's expense. The client is obliged to surrender and allows direction to enter the place where the goods of direction are located. 5.3 In case of resale before complete payment, the client already now assigns the corresponding purchase price claim to direction. 5.4 The client must immediately inform direction of all enforcement measures and other interventions in the goods affecting the client's possession of the goods of direction delivered under retention of title. The costs of any interventions by direction against enforcement creditors are at the client's expense.
See current product-specific guarantee regulation. A change of ownership excludes guarantee claims.
7.1 Defects due to the nature of a delivery must be reported in writing to direction immediately after receipt of the goods in the case of legally agreed warranty. If no complaint has been raised by the eighth day after receipt of the goods at the latest, the goods are considered free of defects. In case of timely and justified complaints, direction provides, at its choice from the business seat, free rectification of defects, free replacement, or credit in the amount of the replacement value against free return of the defective goods or pieces. Further warranty or compensation claims of any kind are excluded. In particular, the buyer is not entitled to demand rectification of defects or price reductions. At commercially common percentages of defective deliveries by the pre-supplier of direction, warranty claims by the client are excluded in the commercially common percentage. 7.2 Warranty claims for already processed goods are excluded in any case. 7.3 Direction provides no warranty for the usability of the goods for a specific purpose. This also applies if specific advice on the use of the goods has been given. Direction assumes no liability or compensation for damages, loss of capital interest caused by machine errors, software errors and/or malfunctions, delivery time overruns, as well as by delivery time for spare parts. Liability for consequential damages and loss of profit or the like is excluded in any case. 7.4 Claims for compensation for property damage according to the Product Liability Act are excluded. This also applies to damages caused by the loss of data. Commercial consumers are urged to perform regular data backups. This exclusion of liability must be passed on by the dealer (client) to commercial consumers in case of further recourse liability. Direction reserves the right to exclude liability for property damage according to the Product Liability Act separately when using the delivered devices in areas that allow for particularly high compensation claims in the event of damage. 7.5 Return of complained goods requires the express prior written consent of direction and is at the expense and risk of the client.
The client undertakes in any case to comply with the regulations of the Foreign Trade Act 1984 in the valid version, as well as the US Export Control regulations. Furthermore, the client undertakes to strictly observe the US lists of prohibited customers (Denial Order) valid for domestic and foreign countries.
All agreements on software services (organization, programming, and system software) are subject to the conditions of the software contract of the producer of this software. For software developed for the client, it is agreed that in case of failure of the software for any reason, no compensation of any kind will be provided by direction or its legal successors. When ordering the contractor's own software, a down payment of 50% of the order sum must be made. If the order is canceled for any reason, this down payment is forfeited in favor of the contractor.
Unless otherwise agreed, the statutory provisions applicable between full merchants apply. For any disputes, Austrian law applies. The jurisdiction of the competent court of the state capital Vienna is agreed. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions only apply insofar as the Consumer Protection Act does not mandatory provide other provisions. Furthermore, the delivery and software conditions of the Austrian electrical industry apply. Direction delivers exclusively under retention of title.
(a.) The company direction provides its services exclusively on the basis of this contract, which consists of the application for a web presence, the general contract conditions, and the current price list. (b.) Direction is entitled to change the contract conditions or prices. In this case, §(6) applies. (c.) Direction cooperates with an Austrian partner company, which provides part of the services (especially the server space and the connection to the Internet). If the conditions there change to the clear disadvantage of the customer, both contracting parties are entitled to terminate the contract relationship without notice. (d.) We do not offer an Internet dial-in node but are happy to advise you on the choice of a suitable provider. Through our fax feedback service, it is also possible to have a presence on the net without your own Internet access and to give you the possibility of feedback.
(a.) The Internet presence service is available 24 hours a day, 7 days a week. (b.) Business interruptions are possible. A claim to constant availability does not exist.
(a.) Direction offers its contracting partners free support. This is currently handled exclusively by e-mail. (b.) Our partner companies do not provide the contracting partner with any support. This is to be handled exclusively via direction. (c.) Support is limited to our services.
The right to use the services is not transferable, passwords may not be passed on, also for your own safety.
(a.) The use of the services is exclusively at the own peril and risk of the contracting partner. (b.) Neither direction nor its partner companies or employees can guarantee that the service is available uninterruptedly and error-free. (c.) Direction assumes no liability for the content of the pages. The contracting partner is obliged to ensure that the content of his Internet presence does not violate applicable law in Austria, the EU, or the USA. This particularly includes right-wing extremist or unconstitutional content. Furthermore, no online chat lines may be operated or pornographic content displayed. Also, the rights of third parties, in particular copyright, may not be violated. In case of non-compliance with any of these obligations, direction is entitled to terminate the contract relationship immediately.
(a.) This contract is concluded for an indefinite period and begins with the activation of the web hosting by direction or the receipt of the setup fee. (b.) The contract can be terminated monthly on the 15th of the month with a notice period of 3 months in writing. (c.) If a contracting party persistently violates the obligations specified in this contract, the other contracting party is entitled to terminate the contract relationship in writing without notice.
(a.) All stated amounts do not include VAT. (b.) The one-time setup fees as well as the first month's rent are to be paid in advance after application. (c.) The monthly costs are due on the 30th of the previous month and are to be paid immediately without deductions. For annual payment in advance, special prices apply. (d.) Monthly costs also apply in full in the first month. (e.) Compliance with agreed payment dates is an essential condition for the performance of the services by direction. Direction is therefore entitled, in accordance with the provisions of § 70 TKG 2003, in case of default, after unsuccessful reminder in writing or electronically, at its discretion to interrupt the service or to dissolve the permanent obligation relationship with immediate effect.
(a.) The contracting partner agrees that data about his person will be stored, changed and/or deleted and transmitted to third parties as necessary within the framework of the contract concluded with him. This particularly applies to the transmission of data necessary for the registration of a domain.
(a.) Deviations from this contract are only effective if they are agreed in writing. (b.) Austrian law applies exclusively to this contract and its execution. (c.) Should a condition of this agreement be or become legally ineffective, the validity of the remaining provisions shall not be affected thereby. The contracting partners will, insofar as a provision is ineffective, agree on a new provision that comes as close as possible to the intended regulation and is legally valid.
STAND 2007
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