The following general terms and conditions apply to all current and future contracts between Telereal and its Clients.
Changes to the terms and conditions are offered to the Client as regulated below. Telereal will publish the full version of the new terms and conditions on its website and point out the change in the agreed written way. The consent of the client shall be deemed granted if Telereal does not object to the proposed changes before the proposed date of entry into force of the proposed changes.
2.1. The technical descriptions, data and specifications of Telereal’s products and services as valid on the day of conclusion of the contract apply unless the contract is based on a deviating offer provided by Telereal prior to conclusion of the contract. In case of an individual offer by Telereal the descriptions included in the offer apply.
2.2. Telereal‘s offers are made only by means of mail, e-mail or fax.
2.3. Acceptance of an offer submitted by the Client is only possible for the entire service/all goods offered.
If assignments and orders do not refer to a binding offer provided by Telereal a written confirmation on these assignments and orders is needed to reach legal contract status.
4.1.All prices are net and in Euros.
4.2. Agreed unit costs are charged according to quantity.
4.3. A package price will be charged if so agreed on in the contract; services and goods in excess of the contractually agreed upon ones shall be adequately remunerated.
4.4. In the event that Telereal‘s cost prices increase for reasons beyond its control (e.g. new regulations imposed by the authorities) or such items as freight, taxes or fees are introduced or increased after conclusion of the contract, Telereal is entitled to amend its prices accordingly, unless there are less than 2 months between the conclusion of the contract and making the delivery.
5.1. For services which are ordered additionally or are being changed by the Client and which are not covered in the contract/order an adequate compensation will be demanded.
5.2. Telereal reserves the right to subject the Client to reasonable technical and design deviations.
6.1. Telereal provides its services and goods on the basis of the individual contract, in accordance with their respective legal framework and exercises appropriate due diligence.
6.2. Telereal is obligated for execution only after all technical and contractual details have been clarified and after the Client has met all the technical and other prerequisites of which he is in charge of.
6.3. The Client shall supply all mandatory official permits and other permits of third parties. Telereal is entitled to initiate any legally stipulated reports to authorities at the expense of the Client.
6.4. In case the execution of the service is considered urgent either due to the nature of the service or an urgent request by the Client and none of this is known at the conclusion of the contract, Telereal shall be entitled to charge the expenditures such as for overtime work, additional material a.s.o. separately.
7.1. Delivery dates given generally are not binding. Telereal's delivery obligation is subject to the correct, punctual supply of material necessary for delivery, unless Telereal is at fault for the non-punctual or late supply of such material. Damages for late delivery are excluded. The Client is obliged to accept the services/goods immediately after a notification of their provision for delivery. In the case of default of acceptance by the Client, Telereal is entitled to charge a fee for storage. To the extent that partial deliveries are possible, they are also legally permissible; each partial delivery may be billed separately.
7.2. As long as the Client is in arrears with payments or does not perform any other action necessary for fulfilment of the contract, Telereal’s obligations to deliver will remain on hold. Any change in an order results in a change of the originally agreed upon delivery date.
7.3. In case the start of the delivery of services, works or the implementation thereof is delayed or interrupted by circumstances which are not to be allocated with Telereal, binding time limits and dates will be extended accordingly. The additional costs accrued due to such delays are to be carried by the Client.
7.4. The date and period of delivery are non-binding, unless Telereal has expressly given the assurance that they are binding.
7.5. Should the goods ordered or a part thereof not be in stock or available from suppliers, Telereal reserves the right to decline the execution of the contract/order and delivery of the goods.
8.1. The term of payment shall be 30 days from the date of invoice unless otherwise agreed upon.
8.2. In case of any delays in delivery of service regarding sec 7.3 Telereal is entitled to invoice partially for already rendered services.
8.3. If subsequent to the conclusion of a contract it should turn out that Telereal‘s claim for payment is threatened due to an insufficient ability of the Client to pay, Telereal is authorised to supply the goods against advance payment or to request a collateral payment within an appropriate time limit. If the Client does not comply with requests of this kind, Telereal reserves the right to withdraw from the contract.
8.4. The Client shall only be entitled to set-off sums if Telereal is insolvent or its counterclaim is uncontested, legally recognized or acknowledged by Telereal.
9.1. In the case agreed payment periods have been exceeded, Telereal is entitled to charge interest amounting to 9,2 pc above the corresponding base lending rate irrespective of any further claims. Interest will be charged three months after payment is due.
9.2. Irrespective of the payment targets agreed upon, if the Client is in default of payment, Telereal is entitled to claim the immediate payment of all claims regardless of their due date.
10.1. All installed and mounted goods shall remain the property of Telereal until complete payment.
10.2. If the Client fails to make any payment when due or Telereal becomes aware of circumstances regarding sec 8.3 Telereal is entitled to withdraw items and goods covered by ownership subject to reservation and also to remove the items and goods under reservation of title without resulting in the cancelation of the contract.
11.1. In case of a justified written notice of defects, the defects are to be solved/repaired within a responsible appropriate period of time. The Client shall make available to Telereal all measures required by the latter to investigate the problem and repair the defects.
11.2. For obvious defects already recognizable at the time of handover, take over or installation of contractual services/goods no warranty is granted according to § 928 of the Austrian Civil Code (ABGB).
11.3. The warranty period lasts for 6 months and commences upon handover to the Client or, if this does not happen, by no later than billing. Should the Client use the rendered service/good before it has been handed over, the warranty period commences from the time of use.
11.4. Should the supplied good or service have defects, the Client can demand only the improvement or the replacement, unless, the improvement or the replacement is impossible for Telereal, in the sense that this would be connected to disproportionately high costs compared to the any other form of discount/rebate.
11.5. Telereal shall not be liable for any damage caused by a third party, nor for atmospheric discharge, over-voltage, nor for chemical and physical influences. The Warranty does not refer to the replacement of naturally worn out parts.
11.6. Telereal assumes no warranty for errors, malfunctions or damage caused by improper operation, faulty installation, changed operating system components, interfaces and parameters, unsuitable data carriers, as far as such are required, abnormal operating conditions or transport damage.
Guarantees or special representations by Telereal require the written confirmation in order to be valid.
13.1. All copyrights and rights of use of designs, drawings, models or technical planning by Telereal belongs to Telereal. The sole and unrestricted right to the application for intellectual property rights (i.e. trademarks or designs) reserved for Telereal.
13.2. The Client only receives a non-exclusive and non-transferable permission to use a copyrighted work for the duration of the contract or a period to be agreed on separately. Telereal warrants that no rights of third parties are infringed in connection with such permission. Telereal‘s vicarious liability protects the Client / Customer from any claims for damages asserted against the Client by third parties based on such permission.
13.3. If any claim is made against Telereal or its vicarious agents on account of any material handed over to the Client, the Client shall indemnify and hold Telereal free of obligation.
14.1. The Client undertakes to treat strictly confidential any information, data or trade secrets which he receives from Telereal prior to contract conclusion or during contract performance for an unlimited period of time and only to use them for purposes of fulfilment of the contract. Confidential information includes the object and specified services under the contract.
14.2. Agreed planning and design fees are exclusively treated as expense allowance for Telereal. The transfer of intelectual property rights requires an especially written agreement.
15.1. Telereal processes personal data of the Client, which fall under the following data categories:
15.2. The data provided by the Client are required to fulfill the contract or to carry out pre-contractual measures.
15.3. The data of the Client are kept or stored up to seven years after the end of the order within the legal storage and retention periods (especially § 132 BAO).
15.4. For this data processing, Telereal uses contract processors (accounting, tax advice).
15.5. In addition, Telereal complies with all applicable data protection laws, in particular, if access to hardware and software of the Client is granted.
16.1. Any and all damages of the Client, including but not limited to claims due to delay, impossibility of performance, breach of contract, default at concluding the contract, poor or incomplete service are expressly excluded, as far as they are not caused by Telereal in gross negligence or wilful intent. In deviation of the afore-said, damages in the event of the loss of life, physical injury or damage to health are not limited.
16.2. Any liability for forseeable loss of data, foreseeable consequential damages, notably loss of profit, is excluded, unless caused by Telereal with wilful intent.
16.3. The limitation period is 6 months, calculated as of the completion of the service.
16.4. A possible liability under the Product Liability Act (Produkthaftungsgesetz) is not to be excluded.
16.5. In the process of assembly and reinstatement works damages are at the expense of the Client in the following events:
a) damages to already existing pipelines or devices caused by non-identifiable circumstances or material flaws.
b) damages caused by chiselling work on instable masonry.
17.1. Vienna, Austria shall be the place of performance with respect to all duties and obligations. Austrian substantive law shall apply exclusively. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG; BGBl1988/96) is expressly excluded.
17.2. For all disputes arising from or in connection with the business relationship the competent court in Vienna’s Inner City has exclusive jurisdiction. If the Client is a consumer pursuant to the Austrian Consumer Act (Konsumentenschutzgesetz) and has his/her domicile or normal residence in Austria or is employed in Austria, the only court with jurisdiction is the court whose district includes his domicile, normal residence or place of employment.