OUR T&C
General information
All contracts concluded with Der Kanal Kanalsanierungs GmbH (hereinafter referred to as the Contractor) are based on our terms and conditions of business as set out below. All verbal agreements must be confirmed in writing to come into effect.
Formation of contract
A legally effective contractual relationship arises on the one hand through a written order (order letter) by the Client or through a verbal order by the Contractor and/or the signing of the physical or electronic order form. Signing of the physical or electronic assignment report.
Price changes
If cost changes occur after the contract has been formed and before the service has been invoiced, the Contractor shall be entitled to pass on these cost changes to the Client accordingly.
Performance
Schedules of work to be performed shall be mutually agreed between the Contractor and the Client. The Contractor shall always endeavour to meet the agreed deadlines. If this is not possible under circumstances beyond the Contractor’s control, any liability claim against us shall be excluded. The Client shall only be entitled to claim damages to the extent that this delay is due to grossly negligent or intentional conduct on the part of the Contractor. Further claims for damages as well as other claims for compensation by the client remain expressly excluded. If a delay results from circumstances for which the Client is responsible, the Contractor shall be entitled to pass on to the Client any costs resulting directly or indirectly from this delay. Furthermore, the Contractor reserves the right to withdraw from the entire order. The Client shall be required to provide the Contractor with the workplace, storage space in sufficient quantity as well as execution plans in detailed form.
Changes in dimensions and quantity
Changes in dimensions and quantity shall not result in a change in the unit price.
Additional work
Additional work not offered in the main order will be carried out and invoiced according to actual expenditure at our hourly rates, but only after consultation with and commissioning by the Client. If the responsible decision maker is not available and/or a delay occurs due to a postponement, the contractor is authorised to decide to carry out the work on the basis of technical aspects and to invoice it.
Invoicing
Invoicing shall take place after completion of the agreed work, whereby the work shall also be deemed to have been completed if the Client has withdrawn from the contract for reasons for which the Client is responsible. Invoicing shall be based on the actual scope of work performed and materials used. The Contractor shall be entitled to partial invoicing.
Terms of payment
Unless otherwise agreed, payment shall be net without deduction upon receipt of the invoice. In the event of a delay in payment, interest on arrears in the amount of 12% p.a. shall be deemed to have been agreed.
Retention of title
All delivered and installed goods and materials shall remain the property of the Contractor until payment has been made in full. If the Client is in default of payment, the Contractor shall be entitled to take back the goods and materials subject to retention of title without this being equivalent to a withdrawal from the contract.
Warranty
The warranty period shall be 3 years for installed materials and goods. Any defects shall be brought to the attention of the Contractor in due time. Depending on fault, the Contractor shall remedy the defect no later than 4 weeks after it has been brought to the Contractor’s attention.
Invalidity
If any part of a provision of the General Terms and Conditions is invalid, this shall not affect the validity of the other part of this provision. Should individual provisions of the General Terms and Conditions be invalid, this shall not affect the validity of the other provisions.
Place of jurisdiction
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the competent court in Vienna.
Management
Managing director
Ing. Schmoigl Schmoigl B.A.
