Terms and Conditions of Sorglos Handwerker Abo GmbH

§1 Validity

These terms and conditions are valid to all closed sales outlets, contracts, work contracts , orders, subscriptions, services and related supplies, subsequent deliveries and benefits between SORGLOS HANDWERKER ABO GmbH (Inkustr. 1-7/8/2.OG, 3400 Klosterneuburg), hereafter referred to as “Agent” and current affiliates and customers, termed as “Principal”. Deviations from these terms and conditions shall be effective only if confirmed through a written statement by the agent. Terms and conditions of the customer are not valid, even if the contractor has not shown his disagreement to them. If an affiliate is a consumer under the Consumer Protection Act, mandatory provisions of the Consumer Protection Act will be effective for the transaction in the supplement or amendment of these terms and conditions.

§ 2a Object of a Contract with the consultation of a professional

Among other things, subscriptions are offered by the Agent, under which certain trade services are covered. In the case of consultation of a skilled craftsman, the Agent acts (termed as INTERMEDIARY) between the client and the responsible craftsman. Therefore, the actual contract for work takes place between the Principal and skilled craftsmen. The Agent declares certain costs (depending on the chosen subscription) incurred by the consultation of professionals under the contractual agreement with the Principal, to undertake and particular to pay attention to the careful and proper selection of the professionals. All professionals have an upright trade permit and are experienced in their respective professions, which is ensured by the Agent.

For the transaction between professionals and Principals, the provisions of these terms and conditions which are supplemented by the terms and conditions of the respective professionals serve as a framework agreement.

The procurement and execution of the following activities are excluded in any case: Damage repair by defective devices, waste management works, transportation works, snow-plowing service.Connection work take place exclusively with fully functioning equipment.

§ 2b Object of a Contract without the consultation of a professional

Among other things, subscriptions are offered by the Agent, under which certain trade services are covered. The repair of small-scale damage is done directly by the Agent. In these cases, the contract takes place between Agent and Principal. The Agent declares under the contractual agreement with the Principal, certain costs incurred by these repair services.

§ 3 Component of the contract

Components of the contract are undersigned by both contracting parties, which is respectively called as the contract terms and conditions and contains offers, if any, as well as a written amendment.

The contractual relationship is subjected to Austrian law. For the application and interpretation of the contractual provisions, the individual text of the contract will be valid in this order, the present General Terms and Conditions, the Austrian Commercial Code, the General Civil Code and the relevant Austrian-Standards in the latest valid version, particularly the Austrian-Standards B2110, B2211 and B2232; if the Principal is the Consumer. The relevant provisions of the Employment Protection Act.

The invalidity of individual part of these terms and conditions does not affect the validity of the remaining provisions. The invalid conditions will be substituted by those legal provisions which are the closest to legal and economic purpose of the invalid conditions.

§ 4 Offer and Conclusion of the Contract

All offers are subject to change until their acceptance. Offers and quotations are non-binding. The contract materializes effectively only then, when the Agent and the professional countersign the signed contract by the Principal. Before that, the Agent is not bound by any offer, the prices specified therein are subject to change. Additional agreements are invalid unless made ​​in writing.

§ 5 Fees & Settlement

The agreed price is related to the services mentioned in the Contract Form. The monthly cost of the subscriptions become due on the 5th of each month. This applies to the entrepreneurs that the amount must be reached to the account of the Agent on the 5th and for the customers, the payment of the owed contract must be paid latest by the 5th of every month. The late payment law will be fully applicable. For late payment, the entrepreneurs owe the default interest of 9.3% above the base rate and consumers 4% above the base rate. A lump sum of Euro 80 makes it possible for the Agent and the professionals respectively to set off the extrajudicial dunning costs. When the actual costs exceed this amount, the Agent and the professionals are respectively granted a higher amount to set off the dunning costs.

§ 6 Retention of title

All services provided will remain in the ownership (including intellectual property) of the Agents and professionals respectively until all receivables under the business relationship between Agent and Principal have been paid in full.

§ 7 Working hours

The working hours are Monday – Thursday, from 7:00 am. to 4:00 pm. with 0.5 hours of lunch break and Friday, from 07:00 am to 1:00 pm. Setting-up, loading, and travel times are considered as working hours. Travel expenses are charged separately. Work performed outside these working hours from Monday to Friday till 8:00 pm and on Saturday from 07:00 am to 8:00 pm. will be charged at 50% surcharge and night hours and Sunday hours at 100% surcharge.

§ 8 Termination of the contract

The termination of the contract can be declared by the Principal subject to three month period of notice after expiry of the contract period of 12 months.

The Agent will be entitled to immediately withdraw from the contract, if the Principal, despite a reminder and granting of a reasonable grace period does not comply with his obligations to cooperate, or is in the default of payment and fails to make these payment.

The Agent is also entitled to withdraw if the situation during the execution from the contractual basis changes significantly.

§ 9 Application of the Employment Protection Act. (EPA) / Right to withdraw

If the Agent is a consumer, he may until the conclusion of the contract or thereafter within one week in writing declare his withdrawal from the contract on the grounds referred to in § 3 para 1 and 2 of the Employment Protection Act, whereby the period begins to run no earlier than the date of conclusion of the contract. A withdrawal is excluded, in particular when the principal himself has initiated the business relationship. The withdrawal of the principal will be valid, only if expressly drawn up in writing.

The Agent will be entitled to immediately withdraw from the contract, if the Principal, despite a reminder and granting of a reasonable grace period does not comply with his obligations to cooperate, or is in the default of payment and fails to make these payment.

The Agent is also entitled to withdraw if the situation during the execution from the contractual basis changes significantly.

§ 10 Non-assignment clause

The principal may transfer the rights to third parties under the scope of present contract without the express consent of the Agent.

§ 11 Warranty and Liability

Immediately after the knowledge of the emerging defects, the principal is obliged to notify them – in the case of an entrepreneur – in writing without delay. In terms of provability, consumers are advised to notify in writing as well.

In the event of defects, the professional is obliged to provide warranty in accordance with the statutory provisions. The principal has to allow the professionals to remove the shortcomings themselves or get them removed by the selected third parties. Therefore, professionals must always be given the opportunity to improve.

The right to retention of fee by the principal shall be excluded. The agent is only obliged to compensate for damages if he concerns intent or gross negligence.

§ 12 Place of Performance / place of jurisdiction

It is agreed that the place of jurisdiction will be the court which has jurisdiction ratione loci and ratione materiae in action over A-2500 Baden. The place of performance is the registered office of the principal. If the principal is a consumer, the relevant statutory provisions on the local and factual jurisdiction will be in effect.

§ 13 General

Changes and additions to the contract must be in writing. This applies in particular to the waiver of the requirement of written form.