1.1. The general terms and conditions of business and delivery of Triconsult Wirtschaftsanalytische Forschung GmbH, Lange Gasse 30, 1080 Vienna, apply to all services and deliveries that Triconsult provides for its clients, unless they are changed or (partially) excluded by an official written agreement with us.
1.2. If these terms and conditions are changed, a copy of the amended version will be sent to the client. The change is considered approved if the buyer does not object in written form within two weeks of receipt of the change.
1.3. The terms and conditions of the respective clients are not part of the contract, unless this is agreed separately.
2.1. Open offers from Triconsult are subject to change and non-binding, unless the contrary is explicitly stated. Sending catalogues, brochures or price lists do not oblige to deliver.2.2. Orders require our written or telex confirmation to be effective. The same applies to additions, changes and additional agreements. In case of immediate delivery, the written confirmation can also be replaced by an invoice.2.3. Employees of Triconsult are not authorized to make any verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract or change it.2.4. Offers are valid for 30 days from the date of delivery.
3. Conclusion of the contract
3.1. The contracts are concluded with the acceptance of the legally valid order submitted to Triconsult by the client. The transfer of the contract must be made in writing or by fax and must be signed by the company.3.2. The contracting parties are obliged to notify each other in writing of all factual circumstances that make a change to the contract necessary.
4. Duration of the contract
The contractual relationship starts with the signing of the contract and ends with the mutual performance of services.
5. Scope of services
Unless otherwise agreed, the contractor will perform the contractual services in the manner chosen by the contractor. The selection of the employees to provide the contractual services is the responsibility of the contractor, who is also entitled to use third parties for this purpose.
6. Delivery dates
6.1. Dates and deliveries are binding, unless otherwise explicitly agreed in writing. The delivery is under reserve of the subject of the contract and the investigation with adequate elasticity, usually 10% of the contract´s duration in calendar weeks.
6.2. Events of higher force, official orders and other operational disruptions extend the period by up to two months. In case of a longer duration, both sides are entitled to withdraw from the contract. The same applies if the fulfillment of the contract can no longer be expected from one side.
6.3. Triconsult claims the right to perform the contractual obligation in the form of partial services.
Unless otherwise stated, Triconsult is bound to the prices stated in our offers for 30 days from their date. The prices stated in the order confirmation are decisive. Additional deliveries and services or travel expenses will be charged separately. Unless otherwise agreed, the prices are in euros plus the applicable VAT on the day of payment.
8. Payment terms
8.1. After the service has been provided, payment must be made by crossed check or payment to Triconsult's business account.
8.2. The invoices submitted by Triconsult are due 14 days after the invoice date without deduction and free of charge.
8.3. Especially long-term services (more than 4 calendar weeks) provided by Triconsult are to be accounted for in accordance with the guidelines for science and research, usually at 30% of the contract amount plus applicable VAT. If an interim report is submitted in the course of the investigation, the services are billed in three tranches of 30% on account, 30% when the interim report is submitted and 40% after the final report has been submitted.
8.4. If an invoice is not objected to in writing and justified within 10 days, it is deemed to have been approved.
8.5. In the event of default, Triconsult is entitled to charge reminder fees, the costs of further collection measures and default interest that is customary in banking.
9. Termination and Resignation
9.1. If the client withdraws from the contract for reasons for which Triconsult is not responsible, compensation for damages in the amount of the expenses incurred by Triconsult, but at least 20% of the net order value, is agreed.
9.2. If the client acts contrary to the contract or if he does not meet his payment obligations, Triconsult is entitled to terminate the contract by demanding the outstanding payments and costs incurred.
10. Retention of ownership All services delivered remain the property of Triconsult until all claims have been completely and finally fulfilled, regardless of the legal reason, including future or conditional claims, including those from contracts concluded at a later date (goods subject to retention of title). As long as the client is not in default, he may use the services of Triconsult in the ordinary course of business.
11.1. Triconsult's services are sold to the client solely for their own use. He may not re-sell, copy or allow others to use them. The buyer is liable for the recognition by his signature. If this agreement is violated, the buyer is liable for the damage incurred.
11.2. If third parties access Triconsult's services, the client will immediately point out Triconsult's ownership and notify Triconsult.
12. Limitation of Liability
12.1. Triconsult is only liable for damage outside the scope of the Product Liability Act if intent or gross negligence can be proven, within the framework of the legal regulations.
12.2. Claims for damages due to the impossibility of performance and positive breach of contract are excluded, unless there is intentional and grossly negligent action.
12.3. Compensation for consequential damage or damage as a result of improper use of Triconsult's services as well as lost profit, loss of interest and damage from third-party claims against the client are excluded.
13. Protection of data privacy
It goes without saying that Triconsult handles personal data with highest responsibility. When using our online offer, certain data for system administration, statistical or security purposes are automatically saved on our servers. Personal data is not collected. In some places, such as when requesting information, personal data will only be stored in accordance with data protection regulations if you voluntarily decide to enter the data or give your consent. This information is only processed for internal purposes of Triconsult. You can revoke your consent at any time with effect for the future by post or by e-mail. Triconsult assures you that your data will be handled confidentially. It will not be passed on to third parties, for example by selling, renting, or exchanging.
Triconsult does not guarantee that the software made available will function free of errors at all times and that it will work with other programs or hardware combinations.
15. Other provisions
15.1. The contract remains effective in its remaining parts even if individual regulations and conditions are legally ineffective.
15.2. The client will notify changes of his name or the designation that he has given Triconsult, as well as any change of his address (relocation) or his legal form and his commercial register number at the latest within one month of the change. If the client does not announce such changes and therefore does not receive legally significant declarations from Triconsult sent to the address last given by him, in particular invoices, reminders or terminations, these declarations from Triconsult are nevertheless deemed to have been received.
15.3. As soon as Triconsult becomes aware of any circumstances that could jeopardize the contractual fulfilment of the order, the client will be informed immediately in writing about these circumstances and any measures to be considered.
15.4. As soon as the client becomes aware of any circumstances that could jeopardize the contractual fulfillment of the order, Triconsult must be informed immediately in writing of these circumstances and any measures to be considered.
15.5. Triconsult is entitled to publish general knowledge developed within the framework of the contract as individual publications or in series. Client-specific knowledge can only be used in publications after prior written agreement with the client.15.6. Unless otherwise agreed in the special part of the contract and in the "General Terms and Conditions", the provisions of the ABGB shall apply on a subsidiary basis.
16. Place of jurisdiction
Vienna is deemed to be the agreed place of jurisdiction. Only Austrian law.