I.T.A. Indus Technologie Austria GmbH, Pipe Facility Management
General Terms and Conditions "Cleaning Services"
1. Validity of these General Terms and Conditions
With acceptance of the contract offer by the client, these general terms and conditions are the basis for the order received and its execution. General terms and conditions of the client are not valid for the order placed, unless I.T.A. Indus Technologie Austria GmbH has agreed to their validity in place of these general terms and conditions in writing.
2. Contract prohibitions
The specification of the contract offer for cleaning services involves the restoration of the condition existing before the damage event. Otherwise, contract offers are non-binding. Changes and additions to the contract offer must be made in writing. This also applies to supplementary services, which are not included in a commissioned offer.
A claim for compensation for damage that does not affect the delivery and / or service itself is excluded. Complaints that are not submitted in writing to the contractor 6 months after rendering of the service stating the reasons cannot be considered.
4. Work execution
If agreed, we carry out the work on the pipe cleaning, TV pipe inspection, pipe rehabilitation itself. We are entitled to commission subcontractors. The client must ensure that the place of work is prepared for the agreed date under the conditions of clause 7; In the context of the order placed, our employees determine the scope of work, the starting point of work, the choice of machines and equipment as well as other methods of carrying out the necessary work. For pipe cleaning with special nozzles or pipe renovations, which are carried out by at least two fitters, a task ladder must be present for safety reasons, the orders of which must be followed. When cleaning vertical (falling strands) or horizontal pipes (house connection, ground, towing, connection or spur line), a plaster opening must be provided by the customer at the beginning and end of the pipe section, otherwise the necessary plaster openings will be made at the instigation and expense of the customer customer. The same applies to pipe rehabilitation.
4.1. Execution periods
Execution periods are only binding if they have been submitted in writing by the client and I.T.A. are agreed. If the exceeding of an execution period is due to a circumstance, it is not covered by I.T.A. is responsible for this and additional costs are caused, this carries the client. This also applies if the exceeding of an execution period is caused by additional services with which I.T.A. during the execution of the contractual services has been commissioned by the client. Are cleaning, especially pumping equipment due to a circumstance quiet, the I.T.A. is not responsible, the customer shall bear the additional costs caused thereby.
5. Retention of title
The delivered goods remain our property until complete payment of all claims arising from our business relationship. The retention of title extends to the treatment and processing or resulting new items that are deemed to be manufactured for us and to which we have the processing or connection property or co-ownership of the value of our reserved goods at the time of processing or Connection Property or connection, without any special explanation. The buyer assigns to us his ownership or co-ownership share of the newly created objects against his client corresponding to the value portion of the goods delivered by us. We accept the assignment. We are entitled to demand the surrender of the reserved goods if the buyer defaults on his payment obligations. The assertion of the retention of title shall not be deemed a withdrawal from the purchase contract. The recipient of our goods or services has to inform us immediately of all measures of third parties that endanger our rights (seizure, etc.).
a) The contractor
From legal and contractual liability stocks, we would have only intentional or grossly negligent causation of the damage. Also in this case, our liability is limited to the damage foreseeable for us as far as the client is a registered trader, a legal entity under public law or a public special fund.
b) The client
The client is liable for damage to tools of the contractor, which arise from improperly manufactured and / or damaged drainage systems and pipes, under the conditions of Section 6.1, insofar as these defects are or were identifiable by the contractor prior to execution of the work.
6.1. Exclusion of responsibility
We do not assume intentional or grossly negligent cause of damage - no responsibility for all. direct or indirect damage resulting from: work on defective, rotten (eg cracked, brittle) equipment that is improperly installed or not installed in accordance with the DIN standards or regulations; Work and equipment which, contrary to the requirements, are inadequate in individual sections and / or blockages made of material that is more resistant than that of the system itself; exiting content of the investments; Spirals, hoses and other tools that get stuck or lost in the system without our fault; Work on pipe branches and double branches with a lead-in angle of more than 45 °, thereby deflecting the inserted tool (e.g., motor spiral, high pressure hose, or glass fiber rod) in the wrong direction or blocking its further penetration. For all unsuccessful pipe cleaning tests on drainage systems to eliminate the current problem that (mechanical, hydrodynamic or chemical) were carried out by the customer or another company before the start of our work, we cannot guarantee.
7. Safety instructions
The client has the I.T.A. to inform about existing safety precautions and regulations, in particular accident prevention regulations, before the order is executed, as far as these are not directly connected with the commissioned service. for damage of any kind due to the lack of information from the client by I.T.A. I.T.A. Not.
8. Obligation to cooperate
The documents necessary for the performance of the contractual services, in particular plans, drawings, calculations, etc. I.T.A. to be handed over by the client free of charge and in good time before execution. In addition, the client commits I.T.A. to assist in all matters that are necessary for a flawless and rapid processing of the order, in particular by providing information about technical and industry-specific characteristics and the nature of the object to be processed. The client ensures that the employees of I.T.A. have free access to the workplace on-site at the agreed working hours. He represents I.T.A. Heating, lighting, electricity, water including the necessary connections as well as storage areas and lounges are available at its expense.
The client may not assign rights under the contract without the prior written consent of I.T.A. cede.
10. Terms of payment
The invoiced invoices and invoice items are always understood, even if this is not explicitly mentioned, plus the applicable VAT. Unless otherwise agreed, the invoice fee will be due for payment within 8 days without deduction. The term of payment begins with the acceptance of the service by the authorized representative. I.T.A. may demand from the client for self-contained parts of the commissioned service advance payments for the contractual services provided. Invoices complaints against the contractor's wages claim of the contractor is only possible with undisputed or legally valid claims. In case of late payment or suspension of payments, all claims of I.T.A. without any deduction immediately due. In case of late payment I.T.A. entitled to demand default interest in the amount of 5% above the base rate. I.T.A. reserves the right to assert further default damages.
12. Effectiveness of the Terms and Conditions
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In such case, I.T.A. and the client, in place of the invalid provision, make a legally permissible provision which in its economic purpose equals the ineffective provision.
Collateral agreements or guaranteed properties of all kinds are only effective if we have acknowledged them in writing. We are entitled to correct obvious errors in offers, order confirmations and invoices by written notice to the customer.
14. Exclusion of warranty / warranty
During cleaning of falling strands / main strands where the incrustation of the pipe inner walls are removed and where in this strand other side strands open, it may happen that the encrustations / deposits of the secondary strands after cleaning in the main strand (processing case strand) slip. In this case, all secondary strands would have to be cleaned. If not, the warranty is void in this case. It is by I.T.A. no liability assumed, subsequent cleaning work will be charged normally.
15. Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.
a) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Company: I.T.A. Indus Technology Austria GmbH Facility Management
Address: Waldweg 20, A-4650 Edt near Lambach, AUSTRIA
Telephone: 07245 288 70
Fax: 07245 243 12
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
b) Consequences of the revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns oder an [ggf. Name und Anschrift einer von Ihnen zur Entgegennahme der Ware berechtigten Person] zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden.
Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.
Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
c) End of the cancellation policy
The right of withdrawal does not exist on delivery
goods that are not prefabricated and whose manufacture is based on an individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer (eg T-shirts with your photo and name),
sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery,
of goods, if, by reason of their nature, they have been inseparably mixed with other goods after delivery,
sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery,
newspapers, magazines or magazines except subscription contracts.
Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary use a protective packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
Please call us before returning at [07245/28870] to announce the return. In this way, you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This restriction does not apply to claims based on damages arising from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. Section 438 (1) no. 3 BGB.
If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
The warranty period is one year from date of delivery.
17. Final provisions
Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
Exclusively Austrian law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.