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General terms and conditions

The terms and conditions essentially correspond to the recommendations of the professional association

1.) Validity of the General Terms and Conditions and deviations

a) The following General Terms and Conditions shall apply to all current and future contracts between the client and blp GeoServices Ltd..
b) Deviations from these terms and conditions and in particular also terms and conditions of the client shall only apply if they are expressly acknowledged and confirmed in writing by blp GeoServices Ltd..
c) Insofar as the contracts are concluded with consumers within the meaning of the KSchG, the mandatory provisions of this law shall take precedence over the following General Terms and Conditions.¹

2.) Offers, ancillary agreements

a) Unless otherwise stated, the offers of „blp GeoServices Ltd.“ are subject to change without notice with regard to all specified data including the fee.
b) If an order confirmation from „blp GeoServices Ltd.“ contains changes to the order, these shall be deemed approved by the client unless the client immediately objects in writing.
c) Agreements must always be made in writing.

3.) Order placement

a) The type and scope of the agreed service result from the contract, power of attorney and these General Terms and Conditions.
b) Changes and additions to the order must be confirmed in writing by „blp GeoServices Ltd“ in order to become part of the present contractual relationship.
c) „blp GeoServices Ltd.“ undertakes to duly execute the order placed with it in accordance with the generally accepted rules of technology and the principles of economic efficiency.
d) „blp GeoServices Ltd.“ may engage other appropriately authorized parties for the performance of the contract and place orders with them in the name of and for the account of the client. However, „blp GeoServices Ltd.“ shall be obligated to notify the client of this intention in writing and to give the client the opportunity to object to this award of contract to a third party within 10 days.
e) „blp GeoServices Ltd.“ may also engage other appropriately authorized parties as sub-planners to fulfill the contract and place orders with them in the name of and for the account of „blp GeoServices Ltd.“. However, „blp GeoServices Ltd.“ shall be obligated to notify the client in writing if it intends to have orders executed by a sub-planner, and to to give the client the opportunity to object to this subcontracting within one week; in this case, „blp GeoServices Ltd.“ shall carry out the order itself.

4.) Warranty and compensation

a) Warranty claims can only be made after notification of defects, which must be made exclusively by registered letter within 14 days of handover of the service or partial service.
b) Claims for redhibitory action and price reduction are excluded. Claims for improvement or supplement of what is missing shall be fulfilled by blp GeoServices Ltd. within a reasonable period of time, which shall generally be one third of the period agreed upon for the performance of the service. A claim for damage caused by delay cannot be asserted within this period.
c) blp GeoServices Ltd. shall perform its services with the diligence to be expected of it as a professional (§1299 ABGB).
d) Any liability for damages shall be limited to the direct damage, or to the liability insurance taken out by blp GeoServices Ltd., unless there is gross negligence or intent.
e) Unless expressly agreed otherwise, the order is limited to facilities, structures, materials and risks that were recognizable at the time the order was placed according to the circumstances of the order or the state of the art.
f) If defective documents, information or materials are supplied by the Customer, which subsequently lead to errors, these shall be borne by the Customer, unless the defectiveness was obvious. This applies in particular to damage caused by missing or defective information regarding ducts, cables, conduits, etc.
g) Due to the heterogeneity of the subsoil, all plans, dimensions, etc. are only approximate and therefore non-binding, unless they have been expressly confirmed.
h) If blp GeoServices Ltd. is entitled to its own warranty claims against third parties, these shall be assigned to the client. The client shall claim against the third party as long as the third party is willing and able to perform.
i) Shipment and delivery are at the expense and risk of the client, unless other agreements have been made. The risk shall pass to the Customer when the goods leave the business premises, even in the case of free delivery to the place of destination.

5.) Withdrawal from the contract

a) Withdrawal from the contract is only permissible for good cause.
b) In the event that blp GeoServices Ltd. is in default of performance, the client may only withdraw from the contract after setting a reasonable grace period; the grace period must be set by registered letter.
c) In the event that the client defaults on a partial service or an agreed-upon cooperation activity, which makes the execution of the order by blp GeoServices Ltd. impossible or significantly impedes it, blp GeoServices Ltd. shall be entitled to withdraw from the contract.
d) If blp GeoServices Ltd. is entitled to withdraw from the contract, blp GeoServices Ltd. shall retain the right to the entire agreed fee, as well as in the case of unjustified withdrawal by the client. Furthermore, §1168 ABGB (Austrian Civil Code) shall apply; in the event of justified rescission by the client, the services rendered by blp GeoServices Ltd. shall be remunerated by the client.

6.) Fee, scope of services

a) Unless otherwise stated, all fees are in EURO.
b) The stated fee amounts do not include value added tax (VAT), which is to be paid separately by the Client.
c) The compensation with possible counterclaims, for whatever reason, is inadmissible.
d) Unless otherwise agreed, the non-binding calculation recommendations issued by the Professional Association of Technical Offices – Engineering Offices shall be part of the contract.

7.) Place of performance

The place of performance for all office services shall be the registered office of blp GeoServices Ltd. in 4020 Linz, Kapuzinerstraße 84e or its other place of business in 1150 Vienna, Felberstraße 24/1.

8.) Secrecy

a) blp GeoServices Ltd. is obligated to maintain confidentiality of all information provided by the client.
b) blp GeoServices Ltd. is also obligated to maintain confidentiality of its planning activities if and as long as the client has a legitimate interest in such confidentiality. After execution of the order, blp GeoServices Ltd. shall be entitled to publish the contractual work in whole or in part for advertising purposes, unless otherwise contractually agreed.

9.) Protection of the plans

a) blp GeoServices Ltd. reserves all rights and uses to the documents created by it (in particular plans, brochures, technical documents).
b) Any use (in particular processing, execution, duplication, distribution, public presentation, making available) of the documents or parts thereof is only permitted with the express consent of blp GeoServices Ltd.. All documents may therefore only be used for the purposes expressly specified when the order is placed or by subsequent agreement.
c) blp GeoServices Ltd. is entitled, and the client is obligated, to state the name of blp GeoServices Ltd. in publications and announcements about the project.
d) In the event of a violation of these provisions for the protection of documents, blp GeoServices Ltd. shall be entitled to a penalty in the amount of twice the reasonable fee for the unauthorized use, whereby the right to assert a claim for damages in excess thereof shall be reserved. This penalty is not subject to the judicial right of moderation. The burden of proof that the client has not used the documents of blp GeoServices Ltd. shall be on the client.

10.) Choice of law, place of jurisdiction

a) Austrian law shall apply exclusively to contracts between the client and blp GeoServices Ltd.
b) For all disputes arising from this contract, the jurisdiction of the competent court at the registered office of blp GeoServices Ltd. in Linz is agreed.

¹ Therefore, the following regulations do not apply or apply with the following deviations for consumers:

Points 1.b, 2.c and 3.b do not exclude the validity of informal declarations made by blp GeoServices Ltd. or its representatives.
The legal consequence of failure to object within the time limit according to points 3.d and 3.e shall be referred to by the
blp GeoServices Ltd. in the notification.
Points 4.a and 4.b do not apply.
Point 5.b does not apply to fixed transactions.
Point 5.d shall apply with the proviso that only the provision of § 1168 ABGB shall apply.
The prohibition of set-off in item 6.c shall not apply in case of insolvency of blp GeoServices Ltd. and for
counterclaims that have been determined by a court, recognized by blp GeoServices Ltd, or are legally related to the claim of blp GeoServices Ltd.
legal connection with the claim of blp GeoServices Ltd.
The last two sentences of item 9.d do not apply.
Item 10.b applies only if the client has his residence, habitual residence or place of
place of employment. Other places of jurisdiction to which the client is entitled shall not be excluded thereby.

Owner, editor and publisher: Fachverband Ingenieurbüros, Schaumburgergasse 20/1, 1040 Vienna.
Supplemented by blp GeoServices Ltd, Kapuzinerstrasse 84e, 4020 Linz

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