1. Scope of application
The terms and conditions of EPconsult® apply to all contracts concluded between the EPconsult® and the customer for orders such as analyzes, planning and implementation of projects, of services and seminars, unless expressly agreed otherwise in writing.
With the submission of the order, the customer accepts the Terms and Conditions (AGBS). The customer expressly agrees to be able to be referred to by EPconsult® as a reference.
2. Customer's obligation to cooperate
The customer ensures that EPconsult® receives all documents and information necessary for the execution of the order, and is also informed immediately about all relevant facts, changes, etc. which concern the subject matter of the contract.
All agreements must be in writing.
We are bound to our customer-specific offer for 28 days.
4. Cost estimates
Cost estimates made by the customer are drawn up to the best of our knowledge. However, no guarantee can be given for correctness. Should costs increase by more than 10% after the order has been placed, EPconsult® will immediately notify the customer thereof.
5. Additional orders
Additional orders require a written order.
6. The customer's duty of secrecy and cooperation
Cost estimates, plans, analyzes and other documents remain the intellectual property of EPconsult®. Any use, in particular a transfer, duplication, publication and also excerpts made available to third parties requires the express consent of EPconsult®.
If the customer is in default with the cooperation, EPconsult® may terminate the contract without notice after written request and setting a reasonable deadline for cooperation by the customer. This shall not affect EPconsult®'s claim for compensation for the damage caused and loss of profit.
The customer is obliged to keep confidential all information resulting from the business relationship with EPconsult® against third parties.
7. Prices and terms of payment
EPconsult® invoices the contractually agreed services according to the contractually agreed modalities. If no special payment modality has been agreed, the billing is based on the actual hourly rate according to the actual occurrence and the resulting expenses based on the records. Hours started are charged as full hours. Travel times will be invoiced separately. The reimbursement of cash, copies, travel expenses, etc. is made according to actual expenses.
All prices mentioned by EPconsult® are, unless expressly stated, exclusive of VAT. In the event of a set-off, the statutory VAT is added to these prices.
A binding deposit of 25% of the gross order sum must be made at the beginning of the contractually agreed project. Unless otherwise agreed, the remaining amount shall be payable no later than at the time of performance or delivery.
For long-term projects, a monthly calculation is made based on the services provided.
EPconsult® is also expressly entitled to draw up partial invoices as long as the contractually agreed service is provided in parts. If EPConsult® is not transferred in due time, EPconsult® reserves the right to interrupt the project work until the transfer is received.
For invoices, a payment target of 8 days net cash. In the event of the delay in payment, default interest in the amount of 12% above the base rate of the Austrian National Bank p.a. as agreed.
Offsetting against claims of EPconsult® is not permitted.
EPconsult® reserves the right to make a price adjustment against the offer due to price changes in the case of costs incurred for the provision of services.
8. Dunning and collection papers
In the event of default, the customer undertakes, in the event of default, to remedy the dunning and collection issues incurred by us, insofar as they are necessary for appropriate legal prosecution and proportionate to the claim, The collection of an ink collection office to replace the resulting costs.
Insofar as EPconsult® operates the dunning system itself, the debtor undertakes to pay an amount of EUR 20.00 for each reminder made, as well as an amount of EUR 50.00 for the diligence in the dunning system per half-year. In addition, any further damage, in particular the damage caused by the fact that no interest is due in the event of a corresponding increase in interest on any credit account, shall be substituted for the default of payment irrespective of the fault.
9. Performance delay
The delivery date is normally fixed. The customer shall at all times accept minor excesses of the delivery period without any claim for damages or a right of withdrawal.
10. Compensation for damages
EPconsult® is only liable if gross negligence is proved to us by the injured party.
Claims for damages in cases of slight negligence are excluded. Claims for damages shall become statute barred 6 months after knowledge of damage and damage, at least 3 years after performance.
As a court of jurisdiction, the competent court in Vienna shall be deemed to be agreed upon. Austrian law applies.