Ing. Philipp Caha
Owner / Technic
+43 680 2080455
Terms and Conditions
1.1. The contractor accepts orders, sells, rents and delivers exclusively on the basis of these general terms and conditions. The following conditions apply to all services that the contractor or a subcontractor named by him carries out within the framework of this contract.
1.2. Verbally agreed changes or additions to this contract are only effective if they have been confirmed in writing by the contractor.
1.3. Offers are generally non-binding.
2.1. Delivery takes place at the expense and risk of the client.
2.2. Storage measures and storage costs that become necessary for reasons that are in the sphere of the client are borne by and at the expense of the client.
2.3. Announced delivery dates are only approximate if no firm deal has been agreed. Force majeure or other unforeseen obstacles in the sphere of the contractor or his subcontractors release the contractor from compliance with the agreed delivery time.
2.4. The contract can include the conception of a software application, the inventory of the existing software system, the creation of a requirements definition for the future software system, the implementation of the requirements definition in functional specifications, the project management, the creation of individual software, the sale of software and hardware, the Training and conversion support, the maintenance and further development of the software, the transfer and copyrights and related rights, the production of data carriers, online operation, online support, patch operation, database management, support Wan (Wide Area Network), support LAN (Local Area Network) and other services.
2.5. The basis for the creation of individual programs is the written description of services, which the contractor elaborates on the basis of the documents and information made available to him or which the client makes available.
3.1. Unless explicitly stated, the prices mentioned do not include sales tax.
3.2. The prices are calculated in euros.
3.3. Program carriers, documentation and service descriptions are dispatched at the expense and risk of the client. Any additional training and explanations requested by the client will be invoiced separately. Insurance is only provided at the request of the client.
4.1. As far as possible, invoices are issued immediately after delivery.
4.2. Payments are due after invoicing without any deduction and free of charge.
4.3. In the case of orders that comprise several units, the contractor is entitled to submit an invoice after delivery of each individual unit or service.
4.4. Payments received by the contractor first pay off compound interest, then interest and ancillary expenses, then the pre-litigation costs (if these were necessary for appropriate legal prosecution), such as the costs of a lawyer and debt collection agency, then the outstanding capital, starting with the oldest debt.
4.5. In the event of default in payment, the contractor shall charge default interest in the customary banking amount.
5. Property right
5.1. The delivered goods remain the unrestricted property of the contractor until the remaining payment (including interest and costs) has been received.
5.2. The assertion of the reservation of title only constitutes a withdrawal from the contract if this is expressly declared.
5.3. When taking back goods, the customer is entitled to charge any transport and manipulation expenses incurred.
6.1. The cost estimate is created to the best of our knowledge, but no guarantee can be given for its correctness.
6.2. Cost estimates are for a fee. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.
7. Collection charges
7.1. In the event of default in payment, the client is obliged to reimburse the contractor for all pre-litigation costs (insofar as they were necessary for appropriate legal prosecution), such as legal fees and the costs of debt collection agencies.
7.2. If the contractor carries out the dunning process himself, the client undertakes to pay an amount of EUR 10 per reminder.
8. Warranty, guarantee and liability
8.1. If a defect occurs in the delivered goods, the customer can initially only request the improvement or replacement of the goods, unless the improvement or replacement is impossible or for the contractor, compared to the other remedy, with a disproportionately high amount Effort would be involved. Whether this is the case also depends on the value of the defect-free goods, the severity of the defect and the inconveniences associated with the other remedy for the transferee. The contractor undertakes to carry out the improvement or the exchange after the customer has handed over the goods within a reasonable period of time.
8.2. If both the improvement and the replacement are impossible or involve a disproportionately high effort for the contractor, the customer has the right to a price reduction or, provided it is not a minor defect, the right to conversion. The same applies if the contractor refuses the improvement or replacement or does not undertake it within a reasonable period of time, if these remedies would be associated with considerable inconvenience for the client and if they are unreasonable for him for good reasons inherent in the person of the contractor. < br> 8.3. The client must assert his right to a warranty for immovable property within six months in court. This provision does not apply to consumer transactions under the Consumer Protection Act.
8.4. Wear parts and accessories (such as data carriers, type wheels, etc.) and repairs as a result of unauthorized interventions by third parties are excluded from the guarantee. If the contractual objects are used in connection with devices and / or programs of third parties, there is a guarantee for functional and performance defects of the contractual objects only if such defects also occur without such a connection.
8.5. In addition to the guarantee framework, additional guarantee services can be ordered. The present conditions also apply to these services. In the event of such a guarantee, the contractor declares that this guarantee does not restrict the customer´s warranty rights.
8.6. If the contractor delivers or sells used movable goods to the customer, the customer must assert his right to warranty within one year in court, provided this is negotiated in writing in detail.
8.7. If the contractor has to deal with a significant defect in the software program, the client is obliged to make the computer system, software program, protocols, diagnostic documents and data used by him available to the contractor free of charge for test purposes during normal working hours to provide and support the contractor.
9. Online Selling/Distance selling
9.1. „Distance selling“ is a contract that was concluded without the simultaneous physical presence of the contractual partners, e.g. through order forms, advertisements, telephone, fax, Internet, etc. and which is a consumer transaction.
9.2. A distance selling transaction with the client is only valid if the contractor has confirmed the order in writing, stating the company name, the company address and the essential characteristics of the goods, the price and the delivery costs.
9.3. If the client is a consumer, he can withdraw from a distance selling contract within 7 days, whereby Saturday is not considered a working day. If the contractor has not fulfilled his information obligations according to point 9.2, the period is 3 months.
9.4. The consumer´s right of withdrawal in a distance selling transaction is expressly excluded from goods that have been manufactured according to customer specifications, audio or video recordings or software that has been unsealed by the customer. In addition, services, the execution of which is agreed to begin within 7 working days of the conclusion of the contract, newspapers, magazines and magazines with the exception of contracts for periodical publications. Furthermore, the contracts listed in § 5b KSchG are excluded.
9.5. Otherwise, the relevant provisions of the Consumer Protection Act apply to distance sales.
10. Withdrawal from the contract
10.1. In the event of default of acceptance or other important reasons, such as bankruptcy of the client or bankruptcy rejection due to lack of assets, as well as default of payment by the customer, the contractor is entitled to withdraw from the contract if it has not yet been fully fulfilled by both parties
10.2. If the client defaults in payment, the contractor is released from all further performance and delivery obligations.
10.3. If the client withdraws from the contract without being entitled to do so or requests its cancellation, the contractor has the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract.
10.4. Point 10 does not apply to distance sales.
11. On Bill
11.1. The client waives the option of offsetting. However, this does not apply to consumers in the event of the contractor´s insolvency or to counterclaims that are legally related, determined or recognized by a court. In these cases, consumers have the option of offsetting.
12. Force majeure
12.1. Force majeure or other unforeseen rights rights in the sphere of the contractor release them from the authorization of the legitimate rights, such as. Operating and traffic conditions in the client´s area. Force majeure and unforeseen rights, which for the duration of the violation of the service to be provided, without the client, who belongs to the pricing.
13. Copyright, ancillary copyrights and use
13.1. The contractor remains the owner of all copyrights and ancillary copyrights to the software / database including the associated documents. This also applies if the client changes, processes or connects the software with other software with the consent of the provider.
13.2. Existing markings, copyright notices or proprietary notices of the provider may not be removed or changed by the client.
13.3. The software is only intended for the customer´s own use. After paying the agreed fee, the client only has the right to use the software for his own purposes only for the hardware specified in the contract to the extent of the purchased number of licenses for simultaneous use on several workstations.
13.4. The contractor or his licensors are entitled to all copyrights to the agreed services (programs, documentation, etc.). The contract in question only gives the client a license to use the work.
13.5. The client is only permitted to make copies for archiving and data backup purposes with the prior written consent of the contractor on the condition that the software does not contain an express prohibition by the licensor or third parties and that all copyright and proprietary notices in these copies remain unchanged be transferred.
14. Data protection and change of address
14.1. The client gives his consent that the personal data contained in the sales contract can be stored and processed automatically by the contractor in fulfillment of the contract.
14.2. The client is obliged to notify the contractor of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are deemed to have been received even if they are sent to the last known address.
15. Place of jurisdiction and applicable law
15.1. Austrian substantive law applies. The applicability of the UN sales law is excluded. Austrian domestic jurisdiction is agreed.
15.2. For all actions brought against a consumer who has his domicile, habitual abode or place of employment in Germany because of disputes arising from this contract, one of those courts is responsible in whose district the consumer has his domicile, habitual abode or place of employment.
15.3. If individual provisions of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.