Fraenkel Facilityservice GmbH
A - 1230 Vienna, Ketzergasse 58
This version of the general terms and conditions comes into force on 1.1.2016 and applies to all newly concluded contracts from that date .. With a consistent receipt of our order confirmation or otherwise sufficient opportunity to take notice of these terms and conditions before or upon conclusion of contract or (implied) consent even during existing Business relationship, the customer accepts these conditions.
In the following, Fraenkel Facilityservice GmbH will also be referred to as "contractor", the respective contracting party also as "client" or "customer". These terms and conditions apply without restriction to entrepreneurs in terms of KSchG. Mandatory protective standards in favor of consumers (KSchG) remain unaffected and in this case the respective provision of the present GTC must be interpreted in accordance with the law in accordance with the law. In case of ineffectiveness of single points of these regulations the remaining regulations remain in force. Ineffective provisions shall be supplemented and interpreted in such a way that the originally intended purpose of this provision is modified only to the extent that a legally binding agreement exists.
II. Validity of the GTC
Our offers, services and deliveries are made exclusively on the basis of these terms and conditions. Deviating agreements must be made in writing and are only binding upon our express written confirmation. Our employees are not authorized to bindingly agree or promise additional services or fee reductions to existing agreements.
Counter-confirmations referring to own terms and conditions are hereby expressly contradicted. Written individual agreements take precedence over these terms and conditions.
III. Performance and quality assessment, offers
Our offers are non-committal and non-binding; Quotations are not binding. Offer documents may not be made accessible to third parties. Before concluding a contract, we are not obliged to look at the local conditions in detail, but may require for the purposes of our offers usual conditions and usual effort. For the nature and extent of the services, only the content of the concluded service contract and our order confirmation shall be decisive. Subsequent amendments are only effective with our written confirmation. For pre-contractual discussions, statements of intermediaries, brochures, etc. assume no liability, if this is not expressly and in writing content of each individual contract has become.
If no detailed description of services is given for a specific agreed service, then an average and industry-standard quality is agreed. Conversely, it is also assumed that the usual prerequisites (free access to the property, usual accessibility, no special or unknown difficulties or dangers, etc.) are provided by the client, or otherwise this is expressly disclosed before conclusion of the contract. Technical and design deviations from descriptions and information in brochures, catalogs and written documents as well as changes in the course of technical progress remain reserved, without this being able to derive any rights against us.
Upon acceptance of the contract, the creditworthiness of our customers is required. If the customer subsequently experiences a significant deterioration in his financial circumstances or if we later learn of a material deterioration that has already occurred before the acceptance of the purchase contract, we are entitled to withdraw from the contract or to demand advance payment.
IV. Reporting / Complaints
The customer expressly agrees to accept the services of our company after the end of this on the same working day and to confirm the correctness. If such acceptance is not carried out, the services shall be deemed to have been properly provided, if a notice of defects does not occur immediately, at the latest within 3 working days after rendering of the service. Likewise it is assumed that damages were not caused by the contractor, if the respective damage is not indicated immediately after kind and height to the contractor. If legitimate defects are claimed, our company is obliged to remedy the defect. Reductions in the monthly fee due to late-reported defects or without granting a reasonable period of time for remedying the defects may not be made by the customer.
V. Takeover ban
The client undertakes to recruit and / or employ employees who work for the contractor neither during their activity in our company nor until 6 months after their departure from our company. In the event of non-compliance, the client is obliged to pay our company a contractual penalty of € 10,000. Further claims and claims of our company in connection with the solicitation and / or employment remain unaffected and can be additionally charged.
VI. Termination of cooperation, contract extension
The cooperation agreement is concluded for a specific period of time. This period shall be counted from the first of the month after the beginning of the cooperation, unless the start of the cooperation is the first of the month. If the agreement is not canceled in writing to the contractor three months before the end of the agreed period, the cooperation is automatically renewed for another period without a separate agreement. If a time is missing, 12 months from the beginning of the cooperation automatically count as agreed period. If the client is the consumer, the following applies: If the agreed period is one year or longer, the agreement can be terminated at the earliest at the end of the first year, then at the end of each further half-year, subject to a two-month notice period.
In addition, the client can terminate the agreement with a 3-month period at the end of each month, if the agreed services of our company despite at least two times demonstrable warning and written request for the elimination of defects not properly met and we neglect our obligations willful or grossly negligent. Influences such as strikes, lockouts, etc. do not constitute grounds for termination, such influences temporarily render the agreement dormant. Our company is entitled to terminate the cooperation without notice if the client is in arrears with 2 or more monthly lump sums. In any case, notice of termination must be given in writing.
VII. Prices / due date
The offered prices are based on the current wage and price structure of the month in which the offer is placed. Quotation prices include all labor costs, as well as the usual and foreseeable costs for cleaning chemicals, auxiliaries, equipment and machinery, unless expressly stated otherwise. This does not apply to direct services.
For services that are outside normal working hours surcharges of 50% or 100% (on Sundays and public holidays and during the night - 8:00 pm to the following day 6:00 am) will be charged. If, however, the legal supplements for overtime of the employed workers are higher, these surcharges will be charged. When commissioning for the removal and disposal of waste of all kinds, the costs are always charged separately due to the constantly changing cost structure and the type of waste.
Unless otherwise agreed, our invoices are due for immediate payment without deductions. Unless otherwise stated, payments must be made within 14 days of the date of invoice, net, without deduction. A payment is deemed to be made only when we can dispose of the amount. In spite of contrary provisions / dedications of the customer, we are entitled to offset payments in our own discretion, in particular also for older debts. If costs and interest have already arisen, the payments are to be credited against the costs, then against the interest and finally the principal claim. If the customer is in default, we shall be entitled to demand interest of 10% above the respective base interest rate of the Austrian National Bank as well as all necessary costs of the appropriate (judicial and extrajudicial) prosecution from that point in time.
If the customer does not meet his payment obligations according to the contract or if he ceases his payments or if we become aware of other circumstances that call into question the creditworthiness of the customer, we shall be entitled to call in the entire remaining debt, to demand advance payments or security deposits. All granted discounts, discounts, installments and other discounts become obsolete. Furthermore, we are entitled to withhold or reject further services not only from the respective but also from other contracts in whole or in part and to demand the advance payments of the services.
The customer is not entitled to set-off, retention or reduction, even if notice of defects or counterclaims are asserted, unless these are expressly acknowledged by us.
VIII. Scope / provision of services
The agreed price applies only to normal pollution. Purification of professionals, craftsmen, removals, etc. as well as decisions of non-water-soluble stains such as tar, varnish, dispersion, wax, etc, which are not removable with standard all-purpose cleaners and must be treated with special solvents are not covered by this contract and must be separately agreed and charged. Similarly, the cleaning of nauseating contaminants is charged extra.
The cleaning is omitted if traffic areas in the course of the routine cleaning passage through parked vehicles or other objects are not accessible. From this, the client is not entitled to a price reduction. Similarly, no price reduction for a temporary area restriction due to construction, excavations, etc. possible.
In case of force majeure, e.g. Collapse of private transport, extreme amounts of snow, a punctual performance can not be guaranteed. Delays in the provision of services as a result of force majeure do not entitle the client to a reduction of the fee.
IX. Price changes
The prices are variable if a decision of the "Independent Arbitration Commission at the Federal Ministry of Economic Affairs" authorizes this. Should the Independent Arbitration Commission cease to exist, these prizes will be linked to a successor institution which will examine and approve the recommendations of the expert opinion. Should these commissions be declared inapplicable for orders concluded after a certain date, the following rules apply:
The price basis is the Consumer Price Index 2005. For the calculation, the value collected on this basis in the month of the offer is used. The prices are adjusted to the percentage of the difference since the previous increase or decrease on 1 January of the following year. There will be an annual adjustment each April with the index number reported for January this year. This also applies to all offered direct services and hourly wages.
X. Object information
The client undertakes to instruct our company prior to commencement of the activity all existing technical facilities which are affected in the course of our activity, to instruct and to point out possible sources of danger.
Furthermore, the client is obliged to inform our company immediately about any change concerning the address, street name and / or house number of the property being looked after.
Our Company is permitted to display a notice board in the property being serviced, giving the name of our company and the telephone number to enable the property's users to reach our business when needed.
XI. Accessibility of the object
The client undertakes to allow access to the object for the purpose of fulfilling our services for our employees without delay. This can be done by handing over the necessary keys or by nominating a person who allows access. Time off due to inaccessible premises will be charged, or these premises will be neglected in the course of this cleaning. The client has the contractor access to all building or land areas and parts that are part of the service contract, unhindered and safe to allow unhindered, otherwise the cleaning is omitted, without there being claims for elimination or reduction of the fee.
XII. Liability of the client
This contract is to be transferred from the client to his legal successor. In the event of the sale of the property or change of the property management, the original principal is liable for all outstanding debts and all future claims arising from the contract up to a debt assumption by the legal successor (with the agreement of the contractor for individual succession) or a proper termination of the contract.
For a majority of homeowners, all liability for obligations under this contract is undivided. In the event that the property manager does not disclose the name, occupation and address of the homeowner upon conclusion of the contract, the property manager is liable as guarantor and payer in addition to the owners if it is not clear that the property manager will conclude the contract in his own name and on his own account wanted to.
XIII. Liability of the contractor
Each liability is limited to the damage foreseeable at the conclusion of the contract. The substitution for slight negligence as well as generally of lost profit is excluded in any case. If damage occurs due to a lack of information or instruction in the object, there is no obligation for our company to repair the damage. Is there an insurance Cover for the damage incurred, our liability is limited to the sum insured. For costs, which in the case of a loss of keys handed over to us beyond the costs of the additional key, no liability is assumed.
Claims for damages resulting from a positive breach of a claim, culpa in contrahendo and culpa in contrahendo are excluded both against us and against our vicarious agents, vicarious agents and vicarious agents, insofar as intentional or grossly negligent acts are not involved. This also applies to claims for damages for non-performance, but only to the extent that compensation for consequential or consequential damages is required, unless the liability is based on an assurance that is intended to protect the customer against the risk of such damage.
It is understood that the contractor can pass on all the services described in this agreement to partner companies without further separate consultation, which in no way reduces the responsibility towards the client.
This contract is governed exclusively by Austrian law. As far as there are no compelling places of jurisdiction (eg KSchG), only the locally competent court in Vienna, which is based on the place of business of the contractor, is responsible.