GENERAL TERMS AND CONDITIONS WINTER SERVICE - SNOW CLEANING
All orders are based on our following terms and conditions, these are based on the terms and conditions of the occupational group of traffic surface cleaner of the Vienna Chamber.
Fraenkel Facilityservice GmbH will clean the areas mentioned in the contract in the coming winter season according to §93 Abs.1 StVo 1960, of snow and ice and sprinkle them with ice.
II. Service period
The season extends from the 15th of October of the current year until the 15th of April of the following year.
Contract start is, unless otherwise agreed in writing, 14 days after receipt of the written order. The service is provided (during nighttime snowfall) in the night hours (about 2h00 to 6h00 clock) and will continue in case of persistent snowfall in the course of further missions as needed. The intervals are about 4 hours.
When precipitation starts during the day, the beginning of the operation starts with the snow lying down, as soon as evacuation seems necessary, or after the occurrence of black ice. The care of the property then takes about 4 hours. At these times, a time corresponding to the technical complexity and the traffic situation may possibly be added.
A rework or a further operation (for example, in case of thawing by ice, accumulation by snow removal equipment, cars parked or parked, children playing, free-skated cars, etc.) is not included in this contract and must therefore be paid for by additional order.
For unforeseen ice formation and snow conditions (eg broken or frozen gutters, roof avalanches, etc.), the contractor is exempted from liability as well as service provision. - This also applies to regional "snowfall", which is triggered by industrial emissions.
A removal of snow is only possible against separate settlement.
Unless otherwise agreed in writing, the fee shall be payable after invoicing in September. When the contract is renewed, a price index adjustment is foreseen. Term of payment is until 01.10 at the latest. unless otherwise agreed in writing. If the order is placed later, the amount is due at the beginning of the contract. If the payment is not made on time, the contractor shall be exempted from all obligations of this contract, in particular the remedy, without any further communication from the customer. This exemption is valid until 1 week after receipt of the money (bank booking date) and does not entail any reduction of the lump sum fee. The contractor has the right to charge 8% default interest.
This contract is valid for the current winter season and ends on April 15th. - This can be terminated without giving reasons until June 30 of the current contract year in writing, otherwise it is extended again 1 year.
Fraenkel Facilityservice GmbH assumes liability in accordance with the statutory provisions of the Highway Code and the announcements of the competent municipality. No liability exists for damages, which are due to force majeure, coincidence or the behavior of the client. Furthermore, the liability for private roads (eg motor vehicle damage) and for all damage and accidents are rejected, which occur on already cleared areas, if subsequently by third parties or unknowns (eg playing children, on or ausparkende cars, foreign snow removal equipment, melt water etc .) were contaminated. A corresponding liability insurance is taken out by the contractor.
Fraenkel Facilityservice GmbH is exempted from rendering the service insofar or is correspondingly limited, as the weather conditions cause such conditions that it is impossible to provide services despite the best possible use. After normalization of the situation, the agreed performance standard must be restored by the contractor within 4-6 hours.
The company Fraenkel Facility Service GmbH is not liable for damages that have arisen in the course of the eviction, if these were not avoidable despite proper care or the corresponding work was carried out on the express customer request; - e.g. Clearance without safety margin to curbs, to lighting fixtures, to lawn enclosures etc. No liability is also for damage caused by the storage or the pushing together of snow.
Any damage shall be reported in writing within 8 days from recognizability (snow cover), otherwise waiver of claims for damages.
The client waives claims for damages after this period. For damage claims of third parties, the contractor is liable for these terms and conditions up to 3 months after the end of the snow-clearing season.
If according to the contract also interior surfaces are to be cleaned, thus, the client has to provide 2 keys at the beginning of the contract, otherwise no service can be provided; - a renewed start-up of the property after unlocking by the client is not provided. Should a key be lost despite great care, the contractor is only liable with a lump sum of max. € 49, -.
Parking is only in connection with the "normal" care and only cleared where there is no parking of the land. The right to remuneration is independent of the extent of the work resulting from weather conditions; it also fully exists if cleaning operations are to be suspended in circumstances beyond the control of the contractor (such as road works, etc.) or if the weather situation requires only a small number of operations or no operations at all.
VII. Jurisdiction / Validity
Jurisdiction is Vienna. Upon conclusion of the contract, the client has accepted the "General Terms and Conditions Winter Service" and acknowledges their validity even if there is a separate order letter which does not contain these terms and conditions. Deviations from these "General Terms and Conditions Winterdienst" will only be valid after written agreement. These "Terms and Conditions Winterdienst" remain binding even if individual parts should not be effective for any reason.
General terms and conditions of the customer or third parties who deviate from these are not binding for the contractor; even if the client refers to the contractor and in individual cases does not expressly object. All order agreements must be in written form. Verbal agreements, e.g. by employees and emails, as far as they are not expressly confirmed in writing, are considered not to have occurred.