Basis for Offer
The original Offer is the subject of binding acknowledgement. Additional passages of text which we have inserted have been integrated into the body of the text and printed out; these are the basis of our Offer. The quantities on the computer printout are consistent with those on the original Offer; in the event of any conflict, the quantities set out on the original Offer shall be authoritative. Any additional information (such as reference sources, hiatuses with suppliers, etc) will be found on the original Offer if it is not present in the file print-out.
Validity of Offer
Our Offers are held open for 3 months as from the date of issue, irrespective of the validity period requested in the enquiry. Prices for individual items within this Offer are valid only upon issuance of the confirmed overall order as per this Offer. We reserve the right to reconfigure our prices if the order is not confirmed or if part-services that were itemised in the Offer are ordered from 3rd parties.
The prices indicated in the Offer refer to the area which is worked on per build section. If the total area is reduced, or if it is divided up into several build sections, then the above-mentioned unit price shall also be altered accordingly.
If the Client does not sign timesheets on-site, then the Contractor shall communicate them to the Client in written form, i.e. by fax or by email. If these timesheets are not contested within 24 hours, then the services itemised on such timesheets shall be deemed accepted.
Working hours / Standard hourly rates
The prices for work as detailed in the Offer are applicable to the normal working hours of 7 AM to 5 PM Monday to Friday. For standard works or for works which are not covered by our Offer, our standard hourly rates shall apply.
Should the Client require service outside of normal working hours, we reserve the right to charge overtime.
Any idle periods not attributable to our fault will be charged to the Client in accordance with our offer prices.
Net cash within 8 days of invoice, with no liability reserve. We are also entitled to render partial accounts for which the corresponding invoices must be paid within 8 days of presentation. In the event of delay in payment, we shall be entitled to shut down the building site without further notice. We do not accept deductions for building insurance, for building damage for which the fault cannot be attributed nor for any other deductions such as – for example – public advertising. All indicated prices are net of VAT at the rate of 20%!
Gmunden has been agreed upon as the place of jurisdiction to cover all disputes that may arise from this contractual relationship.
In all cases, our liability is capped at a total liability figure of a maximum of € 3 million in line with the total liability insurance cover.
Scope of accounting / Rendering of Accounts
Exclusively our Offer shall be authoritative in the event of an order. The Client’s terms of business shall apply only to the extent that they are not counter-indicated by any of the provisions negotiated in the Order. Accounts shall be based on a jointly produced bill of quantities or on a summary bill of quantities which is confirmed jointly by the Project owner. The total order value corresponding to the Schedule is based on the quantities prescribed by the Client and indicated in the Schedule. The Client is hereby advised that the total order value may vary considerably hand-in-hand with any increase or decrease in individual Schedule items. In that event, the Contractor is not subject to any obligation to indicate a price increase, since the bill of quantities is always based upon the unit prices negotiated under the Schedule. The provisions of ÖNORM 2110 7.4.5 Nachteilsabgeltung (=Compensation of disadvantages under Austrian Standard) shall apply in respect of any change in the total amount of an order. We shall charge the Client for any idle periods, personnel & equipment costs that are not attributable to our fault.
Reservation of rights
We reserve the right upon commencement of works as offered to start by ascertaining the actual parameters over a specimen working area, and to relate the outcome to our calculated predictions. Should it transpire as the result of relating the corresponding sets of figures that the daily output which we had anticipated is to be fallen short of by more than 30% – or should difficulties on the building site arise, which were not disclosed by the Client by the time of submission of our Offer – then we reserve the right to withdraw from the order. The Client may insist on the Agreement being fulfilled if it covers, in its committed payment obligation, the labour figures that have been recalculated on the basis of the above-mentioned specimen working area. You will not be charged any costs for travel, workforce time or equipment incurred to date in the event that we should withdraw from the Agreement for any reason.
The services to be performed and the items to be furnished as builder’s obligations are indicated where applicable in our Offer, and these stand as an extension to these Terms of Business.