Advanced Academic Claim Support GmbH
CEO Mag. Michael Hoffmann
Beethovengasse 14a 2700, Wr. Neustadt
Tel./Fax: +43 664 5124597
Firma Steuer Details
VAT NO.: ATU 76068817
Company reg. no.: FN 543687s
Commercial Court VIENNA
STANDARD TERMS AND CONDITIONS of Advanced Academic Claim Support GmbH
Last updated: October 2020
1. Validity of the Standard Terms and Conditions
The following Standard Terms and Conditions shall apply exclusively to all business transactions conducted with Advanced Academic Claim Support GmbH, Beethovengasse 14a, 2700 Wr. Neustadt, company reg. no. FN 543687s (hereinafter referred to as AACS). These Standard Terms and Conditions shall be binding with respect to all current and future business transactions with AACS even in those cases in which specific reference hereto is not made.
Any deviations from or supplements to these Standard Terms and Conditions – particularly any standard terms and conditions or procurement terms of customers –will only form part of a contract if specifically accepted in writing by AACS.
2. Offer, Conclusion of the Contract and Cost Estimate
Offers tendered on the part of AACS shall be non-binding, unless explicitly referred to as binding. Customer orders shall only be considered as having been accepted by AACS once an order confirmation has been issued by the latter, in the course of which a contract is concluded. The specifications defined in the contract alone shall represent the scope of the obligations assumed by AACS.
A cost estimate shall be prepared by AACS according to its best expertise, albeit without accepting any liability for its accuracy. In the event of cost increases in excess of 15% after the order has been placed, the customer shall be advised of such by AACS without delay. No specific notification shall be required in the case of unavoidable cost overruns of less than 15 %, with these additional costs being invoiced to the customer accordingly. Unless otherwise agreed, changes to existing or additional orders may be invoiced at commensurate rates.
3. Prices and Terms of Payment
The prices of AACS are quoted in EURO. The legally applicable rate and amount of VAT shall be invoiced. Any additional charges or fees shall be borne by the customer.
The prices quoted to the customer – irrespective of the manner in which these are quoted – shall be ex-works prices as defined by INCOTERMS 2010 and shall not encompass the costs for shipping and data transfer, unless specifically stated.
Travel and other expenses incurred in connection with the fulfilment of the order shall be borne by the customer in addition to the agreed price.
Invoices issued by AACS shall fall due for payment by the customer within 14 days of receipt. Part payments are permitted in the event of part shipments, respectively part data transfer
Should partial payments have been agreed and these are overdue, even in part, this shall represent late payment. In the event of late payment, the entire amount still outstanding shall immediately be due for payment. Late payment shall entitle AACS to secure custody of transferred studies due to its reservation of ownership without terminating the contract of sale, until such time as the receivable and ancillary costs have been settled in full.
4. Place of Performance and Transfer of Risk
The place of performance shall be Beethovengasse 14a, 2700 Wr. Neustadt.
Transfer costs and risks shall be borne by the customer. In the case of data transfer, the risk of data loss or corruption during download or in case of transmission via the internet shall transfer from AACS to the customer when the data pass the network interface.
5. Reservation of Ownership, Intellectual Property and Rights of Use
Data shall remain the property of AACS until full payment has been received.
Studies, data and related documentation, plans, sketches, cost estimates, in addition to other documents and software provided by AACS or resulting from a contribution made by AACS, shall remain the intellectual property of the same. Their use, including but not limited to transfer, duplication, publication and disclosure, in full or in part, as well as replication, reverse engineering or exploitation, is subject to the explicit consent of AACS.
6. Acceptance and Partial Shipment
The customer shall be obligated to accept the transfer and services provided by AACS.
Studies, data and/or software provided shall be deemed to have been accepted once shipped/transferred ex works (INCOTERMS 2010).
Services and administrative work shall be regarded as having been accepted as soon as these are provided.
Should the customer identify material deficiencies or defects after acceptance, he shall have the right to have these rectified under warranty by AACS.
Shipments/data-transfer and services provided by AACS may always be provided in stages. Partial acceptance is permitted in the event of partial shipments/transfer.
Wherever possible, AACS shall endeavor to comply with shipment/transfer deadlines. Unless explicitly defined as binding in writing, these deadlines shall be regarded as non-binding forecasts of the time at which the goods resp. studies, study results and -data shall be provided and transferred to the customer.
The customer may withdraw from the contract on the grounds of delayed delivery only after granting an appropriate grace period of at least eight weeks. Any such withdrawal shall be notified in writing by certified mail. The right of withdrawal relates exclusively to the partial shipment/transfer or partial services that is/are delayed.
Studies and data not accepted on or by the agreed date shall be stored by AACS for a period of six weeks. AACS shall also have the right to either insist on contractual performance or, subject to an appropriate grace period, to withdraw from the contract and to otherwise dispose of the studies. In the latter case, a contractual penalty of 10% of the invoiced amount, excl. of VAT shall apply.
The warranty period shall extend for a period of 12 months from acceptance as defined in Section 6 hereof. The customer shall bear the burden to prove deficiencies and defects. Article 924 of the Austrian Civil Code (ABGB) shall not apply. Any deficiencies or defects are to be notified by the customer in detail, in writing and without delay. In the event of a warranty claim, AACS shall have the right to determine the manner in which recompense is made (repair, exchange, price reduction or annulment). In as far as AACS rectifies deficiencies or defects, which are not covered by warranty, or provides other services or administrative support, these shall be invoiced as incurred at the current rates of AACS.
9. Compensation for Damage
AACS shall be liable to pay compensation only in cases involving intent or gross negligence. In the case of minor negligence, AACS shall only be liable for personal injury. Liability shall expire within six months of the customer becoming aware of the defect and the injuring party.
AACS shall accept no liability for indirect losses or damage, loss of profits, loss of interest, unrealized cost savings, consequential loss, pecuniary loss, losses asserted by third parties as well as for any loss of data or software and the costs of recovery or re-installation thereof.
10. Data Protection and Confidentiality
The customer agrees that its data are collected and processed electronically by AACS. These data shall be used exclusively by AACS. The relevant provisions of the Austrian Data Protection Act (DSG 2000) shall apply. The customer may withdraw its respective consent at any time.
AACS and the customer mutually commit to treat confidential any corporate data which they were or will become aware of, even after the expiry or termination of the contract.
11. Venue and Applicable Law
It is hereby agreed that any and all disputes arising out of a contract, including those relating to its existence or non-existence, shall be subject to the exclusive jurisdiction of the courts having subject-matter jurisdiction at the registered offices of AACS.
The contract shall exclusively be subject to the laws of the Republic of Austria, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules under international private law.
12. Concluding Terms
If any term hereof is or becomes partially or entirely unenforceable or invalid, this shall not affect the legality of the remaining terms herein. The parties shall replace the invalid or unenforceable term with a valid and enforceable term which closest reflects the intent and purpose of the invalid or unenforceable term.
Amendments of or supplements to a contract shall be made in writing. This shall also apply to any waiver of the written form requirement.
The offsetting of AACS’s claims with counterclaims, irrespective of their nature, is hereby excluded.
The deployment of subcontractors is always permissible.