1. Scope and validity
1.1. H82 medientechnik GmbH’s (hereinafter referred to as “H82”) General Terms and Conditions shall apply to all goods and services provided by H82 to the customer. They shall also apply to future transactions, even if no explicit reference is made hereto.
1.2. H82’s obligations are based exclusively on the scope and content of an order received by H82 or of an order confirmation issued by H82 and on the sections of these “General Terms of Business and Delivery” relevant to the corresponding order. Any possible terms and conditions of the customer are hereby expressly rejected.
1.3. Deviations from the General Terms and Conditions shall be made in writing. H82 is entitled to change the General Terms and Conditions even in the case of lasting business relationships if this is made known to the customer one month before this change takes effect. In the event of the customer’s objection within this period, H82 is entitled to terminate the contract without further action.
2. Prices and payment
2.1. Unless otherwise agreed in the order, the prices indicated in the order shall apply. The statutory value added tax will be added. We reserve the right to change prices.
2.2. Unless otherwise agreed, payments are due immediately upon receipt of the invoice without any deductions.
2.3. Compliance with the agreed payment dates is an essential condition for H82 to provide ist services. In the event of default in payment, H82 is entitled to charge for any expenses and costs that arise as a result and for business default interests. In the case of default, H82 is also entitled to suspend services from service contracts by written notice to the customer until full payment has been made.
2.4. Offsetting against outstanding receivables from H82 and withholding payments for alleged defects not recognised by H82 shall be excluded.
2.5. Objections to invoiced receivables shall be made in writing to H82 within 7 days from the date of invoice stating the reasons, otherwise the invoice shall be deemed to have been approved.
3. Other provisions
3.1. Unless otherwise agreed, the statutory provisions applicable for businesses shall apply. It is deemed to be agreed that potential disputes, independent of the amount in question, shall fall under the local jurisdiction of the Commercial Court of Vienna or, at H82’s discretion, the customer’s headquarters.
3.2. All notifications and declarations concerning this contractual relationship shall only be valid if they are made in writing and are uncontested by the recipient.
3.3. H82 employees are obliged to adhere to the Data Protection Act.
3.4. H82 is entitled at its own risk to commission other companies to provide services as part of this contractual relationship.
4. Additional provisions for the delivery of goods
4.1. Delivered goods remain in H82’s unrestricted ownership until payment has been made in full.
4.2. Unless otherwise agreed, the warranty period shall be 6 months. Warranty claims for defects shall be made in writing within 2 weeks from delivery indicating the alleged defect, otherwise they will be void.
4.3. At H82’s discretion, warranty defects will be remedied by either repair or replacement. Rescission or price reduction is excluded by mutual agreement. The warranty is voided in the case of third-party repairs or modifications.
4.4. If the customer withdraws from the contract for reasons for which H82 is not responsible, then compensation for the damages in the amount of the expenditures proven to have been incurred to H82, but no less than 20% of the order’s net value, is deemed to be agreed, whereby the right to a reduction by the court is excluded.
4.5. Meeting the delivery date always depends on the timely delivery of our own suppliers. If fulfilling the delivery depends on the delivery from a preliminary supplier and if this delivery is not made due to reasons for which H82 is not responsible, H82 is entitled to withdraw from the contract. The customer has no right to compensation of damages for this reason. The same applies in the case where, due to force majeure and/or other events, delivery is rendered substantially more difficult and/or impossible and/or H82 is not responsible for this. Such events include, but are not limited to: fire, floods, labour disputes, operational disruption, strikes and administrative orders which cannot be attributed to H82’s operational risk. In these cases, the customer will be informed immediately about the inability to fulfil the delivery and any payments that have already been made will be refunded immediately.
4.6. Replacement deliveries are permissible if a certain item is undeliverable. In this case, H82 shall send goods of equivalent quality and price as a substitute (replacement item). If the customer is not satisfied with the replacement item, they may return it on a carriage and packaging paid basis. Partial deliveries are permissible, unless the customer has a recognisable disinterest in them or it is unreasonable for the customer to accept them. If H82 exercises this right, packaging and postage costs will only be charged once.
5. Additional provisions for software delivery
5.1. By ordering licenced software from third parties, the customer confirms their knowledge of the scope of these software licence provisions.
5.2. No warranty of any kind is assumed for software classified as being “public domain” or “shareware”. The terms of use and, if applicable, the licence provisions indicated by the author of such software shall be observed.
5.3. For software individually designed by H82, the scope of service is determined by a statement of work (system analysis) that has been countersigned by the customer. Delivery shall comprise the program code executable on the designated systems as well as a program description. The rights to the source programs shall remain with H82.
5.4. H82 assumes no responsibility for whether the delivered software meets all of the customer’s requirements, whether the software selected by the customer is compatible with other programs, or whether the programs will run without interruption or error or whether all software errors can be corrected. Warranty shall be limited to reproducible defects in the functioning of the program.
5.5. The transfer of software to third parties, even for short-term use, shall be excluded in any case. In the event that the customer passes on the software to third parties despite this prohibition, the customer shall be obligated to pay H82 a reasonable fee based on the local standard.
6. Additional provisions for services
6.1. The use of H82 services by third parties as well as the transfer of H82 services to third parties in return for payment shall require express written approval from H82.
6.2. The customer recognises the need to comply with the RFC1009, RFC1122, RFC1123 and RFC1250 standards. In the event that damage is caused to H82 or another network member from failure to comply with the above standards, H82 reserves the right to limit connectivity until these standards are fulfilled and to charge the expenses incurred.
6.3. When obtaining network services or value-added services, the access to these services at the nearest point of presence is deemed to be agreed, unless expressly stated otherwise.
6.4. For licence agreements for network services these General Terms and Conditions shall apply insofar as these agreements do not expressly stipulate other provisions.
6.5. The costs for the use of transmission devices to the selected point of presence, the costs arising at the customer’s site as well as the costs of equipment provided by H82 solely for the use by the customer at the point of presence are not included in the stated prices. The costs that may be charged by third parties for the use of services via the connection at the point of presence are also not included.
6.6. H82 operates the services offered with the utmost diligence, reliability and availability. However, H82 assumes no responsibility for ensuring that these services are available without interruption, that the requested connections can be established at all times or that stored data will remain preserved under all circumstances.
6.7. H82 is not liable for the content of transferred data or for the content of data made available by H82 services.
6.8. Concerning other services for provided hardware or software such as installations, feature enhancements etc., H82 provides the agreed services to the extent possible with regard to the technical requirements provided by the customer. H82 assumes no responsibility for ensuring that all of the customer’s functional requirements can be met with the provided components.
6.9. Liability for consequential damages and lost profits, as well as compensation for property damage within the meaning of Section 9 of the Product Liability Act, is mutually excluded.
7. Additional provisions for leasing
7.1. The customer is liable for any damage, theft or loss, even of single components, in the scope of their original value.
7.2. For leased equipment that is returned late, the daily rental fee as per the current price list is charged for each day until the equipment is actually returned. The customer recognises these additional costs and shall be obligated to provide immediate payment after receipt of the invoice. Other claims such as loss of earnings shall be excluded.
7.3. For all items of our rental park, extended retention of title shall apply.
7.4. The customer shall always bear the transport costs, unless collection and distribution is expressly stated on the invoice. The items shall be returned free of acquisition costs (transport expenses, cash on delivery).
7.5. In the case of improperly functioning equipment, the customer shall be obligated to contact us immediately to demonstrate the defects. We do not recognise unauthorised repair or servicing orders and their costs will not be reimbursed.
8. H82 is only liable for damages caused by deliberate intention and/or gross negligence. In particular, liability for slight negligence, compensation for consequential damage and financial loss, loss of profit and damages resulting from third-party claims against the customer shall be excluded.
9. Should individual terms of these General Terms and Conditions be invalid this does not affect the validity of the remaining terms and the contracts concluded under those terms. The invalid term shall be replaced with an effective term which serves the meaning and purpose of the original term as far as possible.