1.1. These general terms and conditions (hereinafter referred to as “GTC”) apply to all services and deliveries by Quantum Power GmbH, Gatterburggasse 23/3, 1190 Vienna, registered in the commercial register of the Vienna Commercial Court under FN 590984 w (hereinafter referred to as “QP”). “Client” is any natural or legal person or partnership or trading company that is in a contractual relationship with QP, also for all future business, even if it is not expressly referred to in individual cases, especially in future supplementary or follow-up orders. These terms and conditions apply to consumers as defined by the Consumer Protection Act as well as to entrepreneurs. Deviating terms and conditions are expressly excluded for the legal transaction in question and the entire business relationship with QP.
1.2. The current version of the General Terms and Conditions applies to the customer at the time the contract is concluded, and is available on the Internet at www.gruenes-licht.at.
1.3. QP contracts exclusively on the basis of the present GTC.
1.4. Changes or additions to the terms and conditions require the express consent of QP to be valid.
1.5. The client’s terms and conditions only apply if they have been expressly recognized by QP in writing, otherwise they are non-binding for QP, even if QP does not expressly contradict them.
2.1. Offers from QP are subject to change unless they are expressly designated as binding.
2.2. Promises, assurances and guarantees on the part of QP or deviating from these terms and conditions in connection with the conclusion of the contract only become binding on the client after QP ‘s written confirmation.
2.3. Estimates are made by QP to the best of its knowledge; however no guarantee can be given for the correctness. If there are cost increases of more than 15% after placing the order, QP will inform the client immediately. If the inevitable cost overruns of less than 15% are involved, a separate notification is not required and these costs can be invoiced without further notice. In any case, cost estimates are for a fee. If an order is placed for all the services included in the cost estimate, the invoice in question will be credited with the fee for the cost estimate.
3.1. The prices are based on the costs at the time of the first offer. If there are changes in the wage costs and / or procurement costs of the materials used between the conclusion of the contract and the performance of the service, be it by law, ordinance, collective agreement or due to changes in world market prices, QP is entitled to adjust the prices accordingly.
3.2. If services are provided outside of normal working hours at the request of the client, the respective overtime surcharge will also be charged. If there should be work interruptions due to the client, the resulting waiting times will be offset as working hours. Travel expenses for journeys with a vehicle, as well as other expenses, will be billed according to expenditure.
3.3 The currently valid QP price list applies to the products offered by QP. The prices quoted are “ex works” and do not include the costs for transport, assembly or installation.
3.4 The legally prescribed sales tax will also be invoiced for both deliveries and services.
4.1. Services ordered by the client that are not covered in the original order are entitled to a reasonable fee.
4.2. QP reserves the right to make minor changes that are reasonable for the customer.
5.1. QP is obliged to perform the service at the earliest as soon as all technical and contractual details have been clarified and the client has fulfilled his obligations and the structural, technical and legal requirements for the execution have been met.
5.2. If the client wishes a service to be carried out within a shorter period of time after the contract has been concluded, this constitutes a change in the contract. Overtime may be necessary as a result and / or additional costs may arise due to the acceleration of material procurement. The fee increases appropriately in relation to the necessary additional effort.
6.1. In the course of assembly and repair work, damage to existing lines and devices as a result of undetectable conditions or material defects is possible. QP is only responsible for such damage if it was caused deliberately.
6.2. In the case of makeshift repairs, there is only a very limited and appropriate durability, for which QP assumes no liability.
6.3. In the event of makeshift repairs, the client must immediately arrange for professional repairs
7.1. Scheduled delivery and completion dates are only binding for QP if their observance has been expressly promised in writing.
7.2. If QP is responsible for a delay in delivery / performance, the customer is entitled to withdraw from the contract with regard to the unfulfilled part after a reasonable grace period of at least 14 days. There are no further claims, in particular claims for damages.
8.1. Devices and other materials provided by the customer are not subject to warranties.
9.1. Partial invoices are always permitted for partial deliveries. All invoices are due for payment within 7 days.
9.2. The entitlement to a discount deduction requires an express written agreement.
9.3. If, after the conclusion of the contract, QP becomes aware of the customer’s insolvency or poor economic situation, QP is entitled to invoice all services rendered immediately and to make the continuation of the work dependent on the provision of appropriate securities by the customer.
9.4. The offsetting of claims of the customer with those of QP is excluded, unless the customer has become insolvent.
9.5. In the event of default in payment, QP is entitled to repay open claims with 12% interest p.a. to earn interest. In the case of reminders, reminder fees are charged in the amount of € 8.00 per reminder.
10.1. All delivered and assembled goods remain the property of QP until full payment has been made.
10.2. If the client is in default of payment or if QP circumstances according to 9.3. known, QP is entitled to dismantle and / or take back the goods and devices it owns, without this being equivalent to a withdrawal from the contract.
11.1. Plans, sketches, and other documents provided by QP or created by QP ‘s contribution remain the intellectual property of QP.
11.2. The use of such documents outside of the intended use, in particular the passing on, copying, publication and making available, including even partial copying, requires the express written consent of QP.
11.3. The client further undertakes to keep the knowledge gained from the business relationship confidential to third parties.
12.1 Unless otherwise agreed in the following or on the basis of an express written agreement, the provisions on statutory warranty apply.
12.2. The warranty period for the services of QP is six months from delivery, provided that the client is an entrepreneur.
12.3. The warranty period begins with handover to or with acceptance by the client or, if this is not done, at the latest when the invoice is issued.
12.4. The warranty expires immediately if the client himself or a third party not expressly authorized by QP undertakes changes or repairs to the delivered items without the written consent of QP.
12.5. Without prejudice to a claim for change, the warranty is provided by free rectification of the proven defects within a reasonable period. If rectification is not possible or is only possible with disproportionately high costs, then QP may choose to grant a reasonable price reduction or, as an alternative, deliver the same item.
12.6. If a notice of defects is not raised in time, the goods / service is deemed to have been approved.
12.7. Defects that arise must be reported by the customer immediately, specified and in writing. § 924 and § 933b ABGB do not apply.
13.1. Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., QP is only liable for financial losses in cases of intent or gross negligence due to the technical characteristics.
13.2. Liability vis-à-vis business clients is limited to the maximum liability amount of any liability insurance that may have been taken out by QP.
13.3. Claims for damages by entrepreneurial clients must be asserted within two years in the event of other forfeiture.
13.4. The exclusion of liability also includes claims against employees, representatives and vicarious agents of QP due to damage that they cause to the client – without reference to a contract on their part with the customer.
13.5 QP ‘s liability is excluded for damage caused by improper handling or storage, overuse, non-compliance with operating and installation instructions, incorrect assembly, commissioning, maintenance, maintenance by the client or third parties not authorized by QP, or natural wear and tear, provided this is causal for the damage was. There is also a disclaimer for failure to perform necessary maintenance, unless QP has contractually assumed the maintenance obligation.
13.6. QP is also not liable for indirect damage, loss of profit, loss of interest, loss of savings, consequential and pecuniary damage, damage from claims by third parties and for the loss of data and programs and their restoration.
13.7. If a penalty has been agreed at the expense of QP, this is subject to the judicial right of moderation. The assertion of damages beyond the penalty is excluded
14.1. In the event that the customer is a consumer and a contract for the delivery of goods has been concluded by means of distance selling, i.e. with the exclusive use of a means of distance communication, whereby the delivery is not made directly by QP, e.g. as part of a home delivery, the client can withdraw from the contract within a period of 14 days without giving reasons. The right of withdrawal is subject to the legal restrictions on the right of withdrawal in accordance with Section 11 of the Distance Selling Act. It is sufficient if the declaration of cancellation or contractual object is sent within this period. The withdrawal period begins on the day on which the consumer or a third party named by the consumer who is not the carrier acquires possession of the goods. The revocation must be sent to:
Quantum Power GmbH
Gatterburggasse 23/3, 1190 Wien
T: +43 (1) 3671211
E-Mail: info@quantum-power.at
14.2. In the event of an effective resignation, QP has to reimburse the payments made by the customer step by step and to replace the necessary and useful effort made by the customer. The client has to put back the deliveries / services received and to pay QP an appropriate fee for the use, including compensation for a related reduction in the fair value of the service, as well as for use beyond the examination of the properties and functionality. If the delivered goods correspond to the ordered ones and the price of the item to be returned does not exceed an amount of 40 euros or if the customer has not yet made the consideration or a contractually agreed partial payment at the time of the revocation, he must bear the costs of the return. If the client is an entrepreneur, revocation is completely excluded.
15.1. Should individual parts of these terms and conditions be ineffective, this shall not affect the validity of the remaining parts.
16.1. The use of subcontractors is always permitted.
17.1. Only Austrian law.
17.2. The UN sales law is excluded.
17.3. The place of performance is Vienna.
17.4 The court appointed for the 1st district of Vienna in commercial matters is exclusively responsible for legal disputes arising from or in connection with legal transactions to which these terms and conditions apply.
As of February 2023
