General terms and conditions of the
Kopernikus IT Systems GmbH
1. Scope
1.1. The Kopernikus IT Systems
GmbH, hereinafter referred to as the Contractor, works only to the present
terms and conditions; this also applies to order extensions and
Follow-up orders.
2. Cost estimates:
2.1. Cost estimates of the
Contractor are remunerated, for a cost estimate paid fee
will be credited if an order is placed on the basis of this cost estimate.
is issued.
2.2. All technical
The documents, including the specifications, shall remain the intellectual property of
of the Contractor and may not be used for any other purpose.
3. Offers:
3.1. Binding offers are
prepared by the Contractor only in writing, by e-mail or by FAX, verbal
Offers are non-binding.
3.2.
The acceptance of an offer
is only possible with regard to the entire service offered.
4. Purchase orders and order confirmations:
4.1. To the contractor
orders or purchase orders from the customer, provided that the customer has been informed of the
not already based on a binding offer prepared by the contractor.
for the conclusion of a contract of the order confirmation on the part of
of the contractor. Only the Contractor may subsequently waive this right.
5. Prices:
5.1. If there is a period of time between
and performance of the service is delayed by more than 2 months, then
Price increases are calculated according to the CPI 2000; the starting index is the price increase for the
Index number announced in the month of the offer, settlement index the index number
for the month in which the service is rendered.
5.2. All prices are
net plus any VAT.
6. Changes in services and additional services:
6.1. For the services provided by the client or
its representative ordered additional or modified services to be provided in the
order issued in writing are not covered, there is a claim to
reasonable compensation.
6.2. The client reasonable
The contractor reserves the right to make changes in technical matters.
7. Performance execution:
7.1. To perform the service
The Contractor shall be obligated to perform the work at the earliest as soon as all technical and
details under contract law have been clarified and the customer has
has created the prerequisites for execution. If no start of performance
expressly agreed, a period of 30 days from placement of the order shall apply for
the service start date as fixed.
7.2. Required permits
Third parties, in particular the authorities or the energy supply companies
are to be provided by the customer; the contractor is authorized,
to make prescribed notifications to authorities at the expense of the client.
arrange
7.3. The client shall be responsible for the
time of the performance of the service to the contractor free of charge suitable rooms and
to provide technical equipment for the provision of services, provided that
the service is to be provided on site.
7.4. The for the
Power required for the performance of the service, including trial operation, is
to be provided by the customer free of charge.
7.5 If the order is urgent in nature or if its urgent execution is requested by the Client and this was not known at the time the contract was concluded, any additional costs incurred as a result, such as overtime surcharges, shall be charged additionally.
8. Performance deadlines and dates:
8.1. Completion dates shall only be binding for the Contractor if their observance has been expressly agreed in writing.
8.2. If the start of the performance or the performance itself is delayed and the delay was not caused by circumstances for which the Contractor is responsible, the bindingly agreed dates and deadlines, including the "guaranteed" or "fixed" ones, shall be postponed accordingly in any case. The additional costs incurred due to delays shall be borne by the Customer if the circumstances that caused the delays are not the responsibility of the Contractor.
8.3. Penalty claims of the Customer shall be ineffective for the Contractor in any case.
8.4. If the Customer is in default with the fulfillment of the prerequisites for the provision of services, the Contractor may set a deadline of 1 week for the provision. If the set deadline expires unused, the contractor is also entitled to withdraw from the contract at his own discretion and to invoice the services provided so far according to measurement.
9. Payment:
9.1. Unless otherwise agreed, invoices of the Contractor shall be due for payment immediately without deduction.
9.2. If the performance period is more than one week, the Contractor may invoice its services on a weekly basis.
9.3. If, after conclusion of the contract, the Contractor becomes aware of circumstances concerning the Client's lack of solvency or the Client's poor economic situation, the Contractor shall be entitled to immediately invoice and declare due all services rendered and to make the continuation of the work dependent on the provision of corresponding securities by the Client.
9.4. The set-off of claims of the Customer against those of the Contractor shall be excluded unless the Contractor has become insolvent.
9.5. In the event of default on the part of the Customer, interest at 12% p.a. shall be charged on outstanding receivables.
10. Copyrights:
10.1. All copyrights remain with the contractor.
10.2. The client is only granted a limited, highly personal right to use the work for that area of application and that facility for which it was offered by the client.
11. Special obligations of the client:
11.1. The client is responsible for the content and proper backup of its data, which should be backed up externally so that it is protected against loss.
11.2. The Client shall be responsible for its own data content. He shall be liable for all consequences and disadvantages incurred by the Contractor as a result of his data content having unlawful or otherwise harmful content and the consequences of this circumstance affecting the Contractor.
12. Warranty:
12.1. There shall be no warranty for obvious defects which are already apparent at the time of handover, acceptance or commissioning of the contractual performance in accordance with § 928 ABGB (Austrian Civil Code).
12.2. Without prejudice to a claim for redhibitory action, the warranty shall be provided by remedying the proven defects free of charge within a reasonable period of time; if remedial action is not possible or only possible at disproportionately high costs, the Contractor shall, at its discretion, grant a reasonable price reduction or deliver an identical item as a substitute.
12.3. The warranty period shall commence upon handover to or acceptance by the Customer or, in the event of failure to do so, upon invoicing at the latest; however, if the Customer already uses the service provided prior to handover or acceptance, the warranty period shall commence from this point in time.
13. Damages:
13.1. Claims of the Customer, in particular those for compensation for any damage, including consequential damage, are excluded, unless the damage occurs to the person or the Contractor is responsible for gross negligence or intent.
13.2. The Contractor shall not be liable for any impairment, consequential damage or defects resulting from so-called virThe Contractor shall not be liable for any impairment, consequential damage or defects resulting from so-called viruses, worms and the like.uses, worms and the like.
14. Choice of law:
14.1. Austrian law shall apply.
15. Place of performance and jurisdiction is 1010 Vienna.