General Terms and Conditions (GTC)
IT-Technology
Gesellschaft für industrielle Elektronik und Informationstechnologie mbH
1. Delivery
1.1 The General Terms and Conditions of IT-Technology GmbH shall apply to all deliveries and services provided by IT-Technology GmbH to the contractual partner. They also apply to future transactions, even if no express reference is made to them. 1.2.
1.2 In subsidiary addition to the General Terms and Conditions of Business and Delivery of IT-Technology GmbH, the General Terms and Conditions of Delivery of the Austrian Electrical and Electronics Industry and the Software Terms and Conditions of the Austrian Electrical Industry (published by the Austrian Electrical Industry Association) shall apply in their respective current form.
1.3 The obligations of IT-Technology GmbH shall be governed exclusively by the scope and content of an order accepted by IT-Technology GmbH or an order confirmation issued by IT-Technology GmbH and these “General Terms and Conditions of Business and Delivery” in the sections corresponding to the type of order.
2. Prices and payment
2.1 Unless otherwise agreed in the order, the prices stated in the offer or in the order form shall apply. The statutory value added tax shall be charged additionally.
2.2 Unless otherwise agreed, payments shall be due promptly upon receipt of the invoice without deduction.
2.3 Compliance with the agreed payment dates is an essential condition for the performance of services by IT-TECHNOLOGY MBH. In the event of late payment, IT-Technology MBH shall be entitled to charge all resulting expenses and costs, including the costs of the necessary intervention of collection agencies or lawyers, as well as the customary interest on arrears.
2.4 In addition, in the event of default in payment, IT-Technology GmbH shall be entitled to suspend services from service contracts with written notification to the contractual partner until payment is made in full or to dissolve the contractual relationship with immediate effect.
2.5 Offsetting against outstanding claims against IT-Technology GmbH and the withholding of payments due to alleged defects not recognised by IT-Technology GmbH is excluded.
3. Other provisions
3.1 Unless excluded by law, the statutory provisions applicable between registered traders shall apply. The place of jurisdiction for any disputes shall be
Vienna.
3.2 All notices and declarations concerning this contractual relationship shall only be valid if they are made in writing and are uncontradicted by the recipient.
3.3 IT-Technology GmbH is authorised at its own risk to commission other companies with the provision of services from this contractual relationship.
4 Additional provisions for the delivery of goods
4.1 Delivered goods shall remain the unrestricted property of IT-Technology GmbH until payment has been made in full.
4.2 Unless otherwise agreed, the warranty period shall be 6 months.
4.3 Defects covered by warranty shall be remedied at the discretion of IT-Technology GmbH either by repair or replacement. Conversion or price reduction shall be excluded by mutual agreement. The warranty shall expire if repairs or modifications have been carried out by third parties.
4.4 If the contractual partner withdraws from the contract for reasons for which IT-Technology GmbH is not responsible, compensation shall be deemed to be agreed in the amount of the expenses demonstrably incurred by IT-Technology GmbH, but at least 30% of the net order value, whereby the right of judicial moderation shall be excluded.
5 Additional provisions for the delivery of software
5.1 By ordering licensed software from third parties, the contracting party confirms that it is aware of the scope of performance of these software licence conditions.
5.2 No warranty whatsoever shall be assumed for software classified as “public domain” or “shareware”. The terms of use stated by the author for this software or any licensing regulations must be observed.
5.3 In the case of software created individually by IT-Technology GmbH, the scope of performance shall be determined
by a performance description (system analysis)
countersigned by the contractual partner. The delivery includes the program code executable on the designated systems and a program description. The rights to the programs and the documentation shall remain with IT-Technology GmbH.
5.4 IT-Technology GmbH does not warrant that the delivered software meets all the requirements of the contractual partner, that it will work together with other programs in the selection made by the contractual partner, that the programs will run uninterruptedly and without errors, or that all software errors can be corrected. The warranty is limited to reproducible defects in the programme function.
5.5 The transfer of software to third parties, including short-term transfer, is excluded in all cases.
5.6 IT-Technology GmbH points out that no liability is assumed for application errors of the contractual partner or its assistants and employees, nor in the event of unauthorised modifications to the software or configuration without the consent of IT-Technology GmbH.
6. Additional provisions for services
6.l. The use of IT-Technology GmbH services by third parties and the transfer of IT-Technology GmbH services to third parties in return for payment requires the express written consent of IT-Technology GmbH.
6.2 The contractual partner is obliged to keep his passwords secret.
6.3 In the case of other services for hardware and software provided by the contracting partner, such as installations, function extensions and the like, IT-Technology GmbH shall provide the agreed services to the extent possible under the technical conditions provided by the contracting partner. IT-Technology GmbH does not guarantee that all of the contracting partner’s functional requirements can be met from the components provided.
6.4 Liability for consequential damage and loss of profit, as well as compensation for material damage within the meaning of Section 9 of the Product Liability Act, is excluded by mutual agreement.
You can find our general terms and conditions regarding telephony (talk2u), our terms and conditions regarding charges, as well as further information about our offer here.