H82 medientechnik GmbH
Tech Gate Vienna
Donau-City-Strasse 1
1220 Vienna / Austria
Tel +43 (0)1 494 15 44
Fax +43 (0) 1 494 15 45
office@h82.eu
http://www.h82.eu
VAT: ATU 48705003
Registered in Vienna
No: FN 192253a
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.
5.2. No warranty whatsoever can be claimed for software classified
as “Public Domain” or as “Shareware”. Terms of use and license
regulations, if applicable, issued by the author of this software
shall be taken into consideration.
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
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. Additional regulations regarding the rental of goods and services
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.