General terms and conditions of engineering offices in Austria – B2B (between entrepreneurs)
1.) Validity of the general terms and conditions and deviations
a) The following general terms and conditions apply to all current and future contracts between the client in his capacity as an entrepreneur and the engineering office.
b) Deviations from these conditions and in particular the client’s conditions only apply if they are expressly recognized and confirmed in writing by the engineering office.
2.) Offers, side agreements
a) Unless otherwise stated, the engineering office’s offers are non-binding with regard to all specified data including the fee.
b) If an order confirmation from the engineering office contains changes to the order, these are deemed to have been approved by the client unless the client immediately objects in writing.
c) Agreements must generally be in writing.
3.) Placing an order
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 require written confirmation from the engineering office in order to become the subject of this contractual relationship.
c) The engineering office undertakes to properly carry out the order given to it in accordance with the generally recognized rules of technology and the principles of economic efficiency.
d) The engineering office can use other authorized persons to fulfill the contract and issue orders to them in the name and for the account of the client. However, the engineering office is obliged to inform the client of this intention in writing and to give the client the opportunity to object to the award of the order to a third party within 10 days.
e) The engineering office can also use other authorized persons as subplanners to fulfill the contract and issue orders to them in the name and for the account of the engineering office. However, the engineering office is obliged to inform the client in writing if it intends to have orders carried out by a sub-planner and to give the client the opportunity to object to the award of the order to the sub-planner within one week; In this case, the engineering office has to carry out the order itself.
4.) Warranty and compensation
a) Warranty claims can only be made following notification of defects, which must be made exclusively by registered letter within 14 days of delivery of the service or partial service.
b) Claims for cancellation and price reduction are excluded. Claims for improvement or addition of what is missing must be fulfilled by the engineering office within a reasonable period of time, which should generally be one third of the period agreed for the performance of the service. A claim for damage caused by delay cannot be asserted within this period.
c) The engineering office must provide its services with the care expected of it as a specialist (§1299 ABGB).
d) If the engineering office has culpably caused damage to the client in violation of its contractual obligations, its liability for compensation for the resulting damage – unless otherwise stipulated in the individual case – is limited as follows in the event of slight negligence:
1) in the event of withdrawal and personal injury without limitation,
2) in all other cases with the following limitations:
– for an order total of up to 250,000.00 euros: a maximum of 12,500.00 euros;
– for an order amount over 250,000.00 euros: 5% of the order amount, but a maximum of 750,000.00 euros.
3) Liability for consequential damages and lost profits is excluded even in the event of gross negligence, unless otherwise stipulated in the individual case.
5.) Withdrawal from the contract
a) Withdrawal from the contract is only permitted for important reasons.
b) If the engineering office defaults on a service, the client can only withdraw after setting a reasonable grace period; The grace period must be set by registered letter.
c) If the client defaults on a partial service or an agreed cooperation activity, which makes the execution of the order by the engineering office impossible or significantly hinders it, the engineering office is entitled to withdraw from the contract.
d) If the engineering office is entitled to withdraw from the contract, it retains the right to the entire agreed fee, as is the case if the client withdraws without justification. Furthermore, §1168 ABGB applies; If the client is justified in withdrawing from the contract, the services provided by the engineering office must be honored 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 sales tax (VAT), which must be paid separately by the client.
c) Compensation with any counterclaims, for whatever reason, is not permitted.
d) Unless otherwise agreed, the non-binding calculation recommendations issued by the Association of Engineering Offices are part of the contract.
e) Unless expressly agreed otherwise, payment must be made without deductions within 30 days of the invoice being issued to the account of a bank with a domestic branch specified by the engineering office. In the event of late payment, interest of 9.2% per annum above the base interest rate of the ECB plus reminder fees must be paid.
7.) Place of performance
The place of performance for all office services is the headquarters of the engineering office.
8.) Secrecy
a) The engineering office is obliged to keep all information provided by the client confidential.
b) The engineering office is also obliged to maintain the secrecy of its planning activities if and as long as the client has a legitimate interest in this secrecy. After the order has been carried out, the engineering office is entitled to publish the contractual work in whole or in part for advertising purposes, unless otherwise agreed in the contract.
9.) Protection of plans
a) The engineering office reserves all rights and uses to the documents it creates (in particular plans, brochures, technical documents).
b) Any use (in particular processing, execution, reproduction, distribution, public presentation, making available) of the documents or parts thereof is only permitted with the express consent of the engineering office. All documents may therefore only be used for the purposes expressly specified when the order was placed or in a subsequent agreement.
c) The engineering office is entitled, and the client is obliged, to indicate the name (company, business name) of the engineering office in publications and announcements about the project.
d) In the event of a violation of these provisions for the protection of documents, the engineering office is entitled to a penalty amounting to twice the appropriate fee for the unauthorized use, although the right to assert a claim for damages beyond this remains reserved. This penalty is not subject to the judicial right of moderation. The burden of proof that the client did not use the engineering office’s documents lies with the client.
10.) Choice of law, place of jurisdiction
a) Only Austrian law applies to contracts between the client and the engineering office.
b) For all disputes arising from this contract, the jurisdiction of the competent court at the headquarters of the engineering office is agreed.
Privacy Policy
Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. That’s why we apply the utmost care and the most modern security standards to ensure maximum protection of your personal data.
As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that data protection regulations are observed by both us and our external service providers.
Definitions
The legislator requires that personal data be processed lawfully, in good faith and in a manner that is understandable for the data subject (“legality, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions, which are also used in this data protection declaration:
Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); An identifiable natural person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Processing
“Processing” is any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, recording, organization, structuring, storage, adaptation or modification, reading , querying, using, disclosing by transmission, dissemination or otherwise making available, aligning or combining, restricting, deleting or destroying.
Restriction of processing
“Restriction of processing” is the marking of stored personal data with the aim of restricting their future processing.
Profiling
“Profiling” is any type of automated processing of personal data, which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation , analyze or predict the health, personal preferences, interests, reliability, behavior, location or movements of that natural person.
Pseudonymization
“Pseudonymization” is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure: that the personal data cannot be assigned to an identified or identifiable natural person.
File system
“File system” means any structured collection of personal data that is accessible according to certain criteria, regardless of whether this collection is maintained centrally, decentrally or organized according to functional or geographical criteria.
Responsible
person “Controller” is a natural or legal person, authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
“Processor” is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
Recipient
“Recipient” is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be deemed to be recipients; the processing of these data by the said authorities will be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing.
Third party
“Third party” means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or the processor to process the personal data to process.
Consent
“Consent” of the data subject is any voluntary, informed and unambiguous expression of will in the specific case in the form of a statement or other clear confirmatory act by which the data subject indicates that he or she agrees to the processing agrees to the personal data concerning you.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing.According to Article 6 Paragraph 1 Letters a – f GDPR, the legal basis for processing can in particular be:
(a) The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes;
(b) the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract at the data subject’s request;
(c) the processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) the processing is necessary to protect the vital interests of the data subject or another natural person;
(e) the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) the processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data outweigh them, in particular if the data subject is a child acts.
Information about the collection of personal data
(1) Below we provide information about the collection of personal data when using our website. Personal data is e.g. E.g. name, address, email addresses, user behavior.
(2) If you contact us by email or via a contact form, the data you provide (your email address, if applicable your name and telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer necessary, or processing is restricted if there are statutory retention requirements.
Collection of personal data when you visit our website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 Para. 1 Sentence 1 Letter f GDPR):
IP address
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status/HTTP status code
Amount of data transferred
Website from which the request comes
Browser
Operating system and its interface
Language and version of the browser software.
Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive associated with the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offering more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
Transient cookies (see a.)
Persistent cookies (see b.).
(a) Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
(b) Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings.
You can configure your browser settings according to your wishes and
e.g. B. refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies that were set by a third party, therefore not by the actual website you are currently on. We would like to point out that if you deactivate cookies, you may not be able to use all of the functions of this website.
We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.
The Flash cookies used are not recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your device. These objects store the necessary data regardless of the browser you use and do not have an automatic expiration date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. B. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend manually deleting your cookies and browser history regularly.
Further functions and offers on our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you will usually have to provide additional personal data that we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) We sometimes use external service providers to process your data. These have been carefully selected and commissioned by us, are bound to our instructions and are checked regularly.
(3) We may also pass on your personal data to third parties if we offer participation in campaigns, competitions, contracts or similar services together with partners. You can find further information about this when you provide your personal data or in the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Children
Our offer is generally aimed at adults. Persons under the age of 18 should not provide us with personal information without the consent of their parent or guardian.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on consent given, you have the right to revoke your consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the person responsible as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details mentioned above.
(3) Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
a. the processing purposes;
b. the categories of personal data being processed;
c. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
d. if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period;
e. the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
f. the existence of a right to lodge a complaint with a supervisory authority;
g. if the personal data are not collected from the data subject, all available information about the origin of the data;
h. the existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards in accordance with Article 46 GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of processing. We may charge a reasonable fee based on administrative costs for any additional copies you request. If you submit the application electronically, the information must be provided in a common electronic format unless the application states otherwise. The right to receive a copy under paragraph 3 shall not prejudice the rights and freedoms of other persons.
(4) Right to correction
You have the right to request that we immediately correct any incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed, including by means of a supplementary statement.
(5) Right to deletion (“Right to be forgotten”)
You have the right to request that the person responsible delete personal data concerning you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:
a. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
c. The data subject objects to the processing in accordance with Article 21 paragraph 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 paragraph 2 of the GDPR.
d. The personal data was processed unlawfully.
e. The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
f. The personal data was collected in relation to information society services offered in accordance with Article 8 Paragraph 1 GDPR.
If the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall, taking into account the available technology and the implementation costs, take appropriate measures, including technical measures, to inform data controllers who process the personal data about this to inform you that a data subject has requested that you delete all links to that personal data or copies or replications of that personal data.
The right to deletion (“right to be forgotten”) does not apply if processing is necessary:
to exercise the right to freedom of expression and information;
to fulfill a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the field of public health in accordance with Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 paragraph 1 GDPR, to the extent that the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or
for the establishment, exercise or defense of legal claims.
(6) Right to restrict processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions is met:
a. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
b. the processing is unlawful and the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data;
c. the controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or
d. the data subject has lodged an objection to the processing in accordance with Article 21 Paragraph 1 of the GDPR, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If the processing has been restricted in accordance with the above conditions, these personal data – apart from their storage – will only be used with the consent of the data subject or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided:
the processing is based on consent in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and
the processing takes place using automated procedures.
When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from one controller to another controller, to the extent that this is technically feasible. Exercising the right to data portability does not affect the right to deletion (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is carried out on the basis of Article 6 paragraph 1 letters e or f GDPR; This also applies to profiling based on these provisions. The controller will no longer process the personal data unless he or she can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising. If you object to processing for direct advertising purposes, the personal data will no longer be processed for these purposes.
In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object using automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or for statistical purposes referred to in Article 89(1), unless: the processing is necessary to fulfill a task in the public interest.
You can exercise your right to object at any time by contacting the person responsible.
(9) Automated decisions in individual cases, including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which has legal effects against you or similarly significantly affects you. This does not apply if the decision:
is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or
with the express consent of the person concerned.
The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which includes at least the right to obtain human intervention on the part of the controller, to express one’s own point of view and to challenge the decision.
The data subject can exercise this right at any time by contacting the relevant person responsible.
(10) Right to lodge a complaint with a supervisory authority
You also have, without prejudice to any other administrative or judicial remedy, the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged violation, if the data subject is the considers that the processing of personal data concerning them infringes this Regulation.
(11) Right to an effective judicial remedy,
without prejudice to any available administrative or out-of-court remedy, including the right to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR, you have the right to an effective judicial remedy if it considers that you are entitled to it under this Regulation Your rights have been violated as a result of processing of your personal data not in accordance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet usage to the website operator.
(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
(3) You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by using the browser plug-in available under the following link. Download and install in: http://tools.google.com/dlpage/gaoptout?hl=en.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are further processed in abbreviated form, which means that any personal connection can be ruled out. If the data collected about you is personally related, this will be excluded immediately and the personal data will be deleted immediately.
(5) We use Google Analytics to analyze the use of our website and to regularly improve it. We can use the statistics obtained to improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework . The legal basis for the use of Google Analytics is Article 6 Paragraph 1 Sentence 1 Letter f GDPR.
(6) Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions:
http://www.google.com/analytics/terms/en.html, overview of data protection: http://www.google.com/intl/en/analytics/learn/privacy.html, and the data protection declaration: https://policies.google.com/privacy?hl=en
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “personal data”.
Processor
We use external service providers (contract processors), e.g. B. for shipping goods, newsletters or payment processing. A separate order data processing agreement has been concluded with the service provider to ensure the protection of your personal data.
Name and contact of the person responsible in accordance with Article 4 Para. 7 GDPR
SIETHOM TECHNISCHES BÜRO GMBH
CEO: Clemens Mitter
Aumühlstr. 45
4050 Traun
AUSTRIA
Tel.: +43 (0)7229 69079
Email: office@siethomgroup.com
Internet: www.siethomgroup.com
UID: ATU 22848505
Commercial Register No.: FN 32585
Commercial Register Court Linz
Specialist group: trade in all kinds of goods, technical trade, technical office, engineering. Trade in goods in any kind, technical trading, engineering.
Legal form: Limited liability company
Name and contact of the person responsible in accordance with Article 4 Para. 7 GDPR
Branch in UAE
Siethom Mechanical Equipment Trading LLC
Managing Director: Manoj Varghese
Office in Ras Al Khaimah, Abu Dhabi
Mobile: +971 50 2833 521
Tel.: +971 7 2431 303
Email: office@siethomgroup.com
Internet: www.siethomgroup.com
Legal form: Limited Liability Company
