General terms & conditions
Cornelia Klausecker (mts.wien - Yacht Service)
below called "Agent"
Simmeringer Hauptstraße 80-82/2/32
1110 Wien, Austria
Telephone: +43-664 585 67 22
1. General Terms and Conditions / Scope
1.1 All legal transactions between the Client and the Agent shall be subject to these general terms and conditions exclusively. The version valid at the time the contract is concluded shall be applicable.
1.2 These general terms and conditions shall also apply to any future contractual relationships even if these general terms and conditions are not expressly referred to in collateral contracts.
1.3 Any conflicting general terms and conditions on the part of the Client shall be invalid unless they have been explicitly accepted in writing by the Agent.
1.4 If any provision of these general terms and conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
1.5 The general terms and conditions which are evident on our website www.mts.wien are valid for all services and eventually attended delivery of goods by the Agent. This applies equally to any consulting assignment which results from planned services or those which have to be undertaken.
1.6 Services within the scope of maintenance and care of boats shall be offered according to the best available technology as well as under the carefulness of a proper company and under the best protection of the Client’s interests by the Agent.
2. Scope of Consulting Assignments
2.1 The scope of each particular consulting assignment shall be individually agreed by contract.
2.2 The Agent shall be entitled to subcontract, in whole or in part, the services for which the Agent is responsible to third parties.
3. Reporting / Obligation to Report
3.1 The Agent shall be obligated to report to the Client on the progress of services performed by persons working for the Agent and/or any third parties employed by the Agent.
3.2 The Agent shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.
3.3 The Agent shall not be bound by directives while performing the agreed service and shall be free to act at the Agent’s discretion and under the Agent’s own responsibility.
4. Services / Delivery of goods
The Agent shall take care – where possible – to adhere to deadlines of processes and supplies assigned by third parties. If unforeseen circumstances occure which don‘t enable to meet the deadlines, the Agent shall term a new appointment for the service/delivery. The Agent shall – where possible – inform the Client about delays of appointments.
4.2 Prices / Estimation of costs
Provided if the expected prices which shall be charged will be announced written or verbally, following become effective:
Estimation of costs are not warranted according to § 5 Abs 2 KSchG, provided that a binding quotation is not agreed separately. To this effect estimation of costs are without obligation and the Client shall accept unexpected cost over-runs up to 15% of the defined value in any case. If a cost over-run will be beyond this, the Agent shall inform the Client – where possible – previously. Afterwards the parties shall determine the further process by mutual consent.
4.3 Delivery of goods
In the case of shipments within the scope, all delivered good will remain as the property of the Agent until the fulfillment of all outstanding debits. These goods are only allowed to use or burn before the outstanding debits are paid. Pledging or selling after suspension of payment is not permitted. Executions must be reported to the Agent by return.
Referring the delivery of definite goods the following special provision is valid:
Cleaning and care products can not be withdrawn.
5. Liability / Damages
5.1 The Agent shall be liable to the Client for damages - with the exception of personal injury – only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by the Agent.
5.2 Any claim for damages on the part of the Client may only be enforced instantly after finalization and overtake of the performed services. Prior the Agent shall be enabled by the Client to correct the faults. Any delayed claim for compensation shall be excluded.
5.3 The Client shall furnish evidence of the Agent’s fault.
5.4 If the Agent performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Client. In this case, the Client shall primarily refer to the third party.
6.1 After handing over of the estimated costs respectively after agreement due to eventually cost over-runs (see under paragraph 4) and according to the prior written acceptance of the Client basically all prices are valid.
6.2 After completion of the services agreed upon, the Agent shall receive remuneration agreed upon in advance between the Agent and the Client. The Agent shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent.
6.3 The Agent shall render accounts which entitle to deduct input tax and contain all elements required by law.
6.4 Any cash expenditures, expenses, travel expenses, etc. shall be reimbursed to the Agent by the Client separately, upon submission of the appropriate receipts.
6.5 In the event that the work agreed upon is not completed due to reasons on the part of the Client, or due to a premature termination of contract by the Agent for cause, the Agent shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred definitely. In the event that an hourly fee had been agreed upon, the Client shall pay for the number of hours expected to be required for the entire contracted assignment.
6.6 In the event that intermediate invoices are not paid, the Agent shall be released from the Agent’s commitment to provide further services. This shall not apply to any further claims resulting from default of payment.
7. Electronic Invoicing
The Agent shall be entitled to transmit invoices electronically. The Client agrees explicitly to accept invoices transmitted electronically by the Agent.
8. Place of Jurisdiction
Jurisdiction in all disputes is the court in the place where the Agent is based. Herewith the agreed place of jurisdiction is Vienna, Austria.