General Terms and Conditions

This English version is provided for convenience only. In the event of any discrepancies, the German version shall prevail.

General

All contracts concluded with the company “Der Kanal Kanalsanierungs GmbH” (hereinafter referred to as the “Contractor”) are subject to the following terms and conditions. Any verbal side agreements require written confirmation in order to become contractually binding.

Formation of contract

A legally binding contractual relationship is established either by a written order (order letter) from the client (hereinafter referred to as the “Client”), by a verbal order from the Client and/or by signing the physical or electronic job report.

Price changes

If cost changes occur after the contract has been concluded but before the service has been invoiced, the Contractor is entitled to pass these cost changes on to the Client accordingly.

Performance of services

The schedule of the work to be carried out shall be agreed mutually between the Contractor and the Client. The Contractor always endeavors to meet the agreed deadlines. If this is not possible due to circumstances beyond the Contractor’s control, any liability claims against us are excluded. The Client is only entitled to claim damages insofar as the delay is due to grossly negligent or intentional conduct on the part of the Contractor. Any further claims for damages or other compensation by the Client are expressly excluded. If a delay arises from circumstances for which the Client is responsible, the Contractor is entitled to pass on to the Client any costs resulting directly or indirectly from this delay. In addition, the Contractor reserves the right to withdraw from the entire order. The Client shall provide the Contractor with the workplace, sufficient storage space and detailed execution plans.

Changes in quantities

Changes in quantities or volumes do not result in a change to the unit price.

Additional work

Additional work not offered in the main order will be carried out and invoiced at our hourly rates according to the actual effort, but only after consultation with and instruction by the Client. If the responsible decision-maker cannot be reached and/or a postponement would cause a delay, the Contractor is authorized to decide on professional grounds to carry out the work and invoice it.

Invoicing

Invoices are issued after completion of the agreed work; the work is also deemed completed if the Client has withdrawn from the contract for reasons for which the Client is responsible. Billing is based on the actual scope of work. The Contractor is entitled to issue partial invoices.

Terms of payment

Unless otherwise agreed, invoices are payable net without deduction upon receipt. In the event of late payment, default interest of 12% p.a. is deemed agreed.

Retention of title

All goods and materials delivered and installed remain the property of the Contractor until paid in full. If the Client defaults on payment, the Contractor is entitled to take back the goods and materials subject to retention of title without this constituting a withdrawal from the contract. Dismantling costs shall be borne by the Client.

Warranty

The warranty period for installed materials and goods is 3 years. Any defect must be reported to the Contractor in due time. Depending on fault, the Contractor shall remedy the defect no later than 4 weeks after being notified.

Severability

Should part of a provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining part of that provision. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the other provisions.

Place of jurisdiction

The competent court in Vienna is agreed as the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

Management

Managing Director
Ing. Simeon Schmoigl B.A.