General terms and conditions of business
1. Range and validity
1.1. The general terms and conditions of business of H82 Medientechnik GmbH (hereinafter named H82) shall apply for all suppliess and services that are conducted by H82 to the costumer. They shall also apply for future business undertakings, even when not specifically mentioned. Obligations on behalf of H82 refer solely to the range and content of an order received by H82 or the respective order confirmation issued by H82 and the stated “General terms and conditions of business” with respect to the content of the order.
2. Prices and payment
2.1. Unless not subject to change in the order, all prices stated in the order shall apply. In addition the mandatory VAT shall be charged. On behalf of H82 prices my be subject to change.
2.2. Except when otherwise stated, payments shall be conducted promtly upon receipt of invoice.
2.3. Compliance of agreed upon payment dates is the relevant condition of implementation of services on behalf of H82. In case of payment delay H82 reserves the right to charge all additionally resulting costs and fees as well as interests on late payment, based on Austrian banking sector conditions. Furthermore, in case of payment delay H82 reserves the right to suspend services from service contracts upon written notice to the party that ordered the services. This remains the fact until full payment has been received by H82.
2.4. Invoicing as substitution to other open claims with respect to H82 as well as cancellation of payments, based on deficiencies claimed by the customer but not accepted by H82, is ruled out.
3. Other regulations
3.1. Except when otherwise stated Austrian legal requirements between subjects representing registered companies shall apply. With respect to possible litigation and independent of the value to be litigated, the local jurisdiction of the commercial court in Vienna, Austria, is considered established and agreed upon.
3.2. All notifications and declarations that are of concern to this contract shall only be valid when issued in written form and not contradicted by the recipient.
3.3. The employees of H82 are obliged to comply with the Austrian Data Protection Law.
3.4. Bearing the risk, H82 reserves the right to assign other companies with regard to yielding of payments that result from this contract.
4. Additional regulations regarding the supply of goods
4.1. H82 remains the owner of all goods supplied to the customer until such time payment has been received in full.
4.2. Except when otherwise stated, warranty period is six months.
4.3. Deficiencies that are subject to warranty will be repaired, respectively spare parts suppplied, at the discretion of H82. It is agreed upon that product alterations or price devaluations are ruled out. Warranty shall be terminated in case repairments or alterations will be conducted by third parties.
4.4. In case of contract cancellation on behalf of the customer, based on circumstances that do not fall within the responsibility of H82, compensation shall apply. The amount shall be determined on documented efforts made by H82, 20% net-order-value being the minimum that was agreed upon. In addition, Austrian moderation law embodied by the judge is ruled out.
5. Additional regulations regarding the supply of software
5.1. Upon ordering licensed software from third parties the customer confirms knowledge regarding the scope of performance of the mentioned software-license regulations.
5.3. Regarding software individually developed by H82, the scope of performance is defined by a performance description (system analysis) that is co-signed by the customer. Supply comprises the program-code, which can be applied at the marked equipment and installations, as well as a program manual. The source-program rights shall remain with H82.
5.4. H82 shall not take warranty for the fact that: supplied software meets all demands of the customer; software interacts with a selection of other programs selected by the customer and programs run permanently without the manifestation of errors; or that all software deficiencies can be repaired. Warranty is restricted to reproducable deficiencies within the field of the program function.
5.5. Transmission of software to third parties, including short-time lending, is absolutely ruled out.
6. Additional regulations regarding services
7. Additional regulations regarding the rental of goods and services
6.1. The use of H82 – services by third parties as well as the chargeable passing of H82 – services to third parties requires the explicit written agreement of H82.
6.2. The customer accepts the necessity of compliance with the standards RFC1009, RFC1122, RFC1123 and RFC1250. In case of damages resulting from the non-compliance with the standards mentioned above and affecting H82 as well as other network participants as a result, H82 reserves the right to diminsh connectivity until standard compliance is assured and charge all efforts that resulted through standard non-compliance.
6.3. Except when otherwise specifically stated, it is agreed that access to services, such as the provision of network services or Value Added Services, is ensured by the locally closest Point of Presence.
6.4. The general terms and conditions of business shall apply to contracts for the use of network services to the extent of the contract not containing explicitly other regulations.
6.5. The listed prices do not include: costs of use of transmission facilities to the selected Point of Presence; costs arising at the customer’s location; costs arsising from equipment provided by H82 at the Point of Presence to the exclusive use of the customer. Likewise costs are not included that are charged by third parties for the use of services received through the connection at the Point of Presence.
6.6. H82 is committed to offer services with the highest possible accuracy, reliability and availability. However, H82 does not warrant the services’ accessibility without intermissions, the fact that requested links can be generated at any given time, or that saved data can be preserved under all circumstances.
6.7. H82 shall not be liable for the content of transmitted data or for data content made accessible through H82 – services.
6.8. Regarding other services of provided hardware and software (e.g. installations, extension of functions) H82 shall deliver the agreed upon performances and services to the extent that is possible with respect to the technical pre-conditions provided by the customer. H82 does not offer warranty with respect to the fact components provided cover all functional demands stated by the customer.
6.9. It shall be agreed that liability, resulting from damaging aftereffects and loss of profit as well as compensation of goods’ damage according to §9 of the Austrian Product Liability Act is ruled out.
7.1. The tenant shall be liable for damages, theft, loss of single components to the amount of value of a new product.
7.2. Rented goods that are returned with delay of time are subject to additional charge of the respective daily rental price according to thecurrent price list , until the evident return of the good rented has taken place. The tenant shall accept the additional costs and is obliged to direct payment after the invoice has been received.
7.3. Extended reservation of proprietary rights shall apply to all goods of our rental park.
7.4. Unless collection and dispatch are evidently mentioned in the invoice, the tenant shall always bear the costs of transportation. The goods shall be returned without additional costs of postal or delivery service (e.g. COD, transport fee).
7.5. In case of malfunctions or deficiencies the tenant shall be obliged to contact H82 and descibe the encountered problems accordingly. Unauthorised placement of a repair order or mainteance shall not be acknowledged by H82. Further, cost compensation is ruled out.