• General Terms and Conditions as of August 18, 2023

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• The following General Terms and Conditions apply to all current and future contracts between the client in his capacity as an entrepreneur and us as CreaCore Engineering Labs GmbH.

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• Offers, ancillary agreements:
  Unless otherwise stated, our offers are subject to change with regard to all data provided, including the fee. If an order confirmation contains changes to the order, these are deemed to have been approved by the client unless the client immediately objects in writing. Agreements must generally be in writing.

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• Placing an order:
  The type and scope of the agreed service arise from the contract, power of attorney and these General Terms and Conditions. Changes and additions to the order require written confirmation from us in order to become the subject of this contractual relationship. CreaCore Engineering Labs GmbH undertakes to properly carry out the order placed with it in accordance with the generally accepted rules of technology and the principles of economic efficiency. We may enlist other appropriately authorized persons to fulfill the contract and place orders with them in the name and for the account of the client. However, CreaCore Engineering Labs GmbH is obliged to notify the client of this intention in writing and to give the client the opportunity to object to this order being placed with a third party within 10 days. CreaCore Engineering Labs GmbH may also enlist other appropriately authorized persons as sub-planners to fulfill the contract and place orders with them in the name and for the account of CreaCore Engineering Labs GmbH. However, CreaCore Engineering Labs GmbH is obliged to notify the client in writing if it intends to have orders carried out by a sub-planner and to give the client the opportunity to object to this order being placed with the sub-planner within one week; in this case, CreaCore Engineering Labs GmbH must carry out the order itself.

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• Warranty and compensation:

CreaCore Engineering Labs GmbH. Warranty claims can only be made following complaints about defects, which must be made exclusively by registered letter within 14 days of delivery of the service or partial service. Claims for rescission and price reduction are excluded. Claims for improvement or addition of what is missing must be fulfilled by CreaCore Engineering Labs GmbH within a reasonable period of time, which should generally be one third of the period agreed for the performance of the service. A claim for damages due to delay cannot be asserted within this period. CreaCore Engineering Labs GmbH must provide its services with the care expected of it as a professional (§1299 ABGB). Liability for consequential damage, personal injury and lost profits is excluded even in the case of gross negligence, unless otherwise regulated in individual cases. Choice of law: Place of jurisdiction For contracts between the client and CreaCore Engineering Labs GmbH, Austrian law applies exclusively. For all disputes arising from this contract, the competent court at the registered office of CreaCore Engineering Labs GmbH is agreed to have jurisdiction. Withdrawal from the contract: Withdrawal from the contract is only permitted for important reasons. If CreaCore Engineering Labs GmbH is in default with a service, the client can only withdraw after setting a reasonable grace period; the grace period must be set by registered letter. If the client is in default with a partial service or an agreed cooperation activity, which makes it impossible or significantly hinders the execution of the order by CreaCore Engineering Labs GmbH, CreaCore Engineering Labs GmbH is entitled to withdraw from the contract. If CreaCore Engineering Labs GmbH is entitled to withdraw from the contract, it retains the right to the entire agreed fee, as is the case if the client withdraws without justification. Section 1168 ABGB also applies; if the client withdraws for justification, the client must pay for the services provided by CreaCore Engineering Labs GmbH.

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• Withdrawal from the contract:
  Withdrawal from the contract is only permitted for important reasons. If CreaCore Engineering Labs GmbH is in default with a service, the client can only withdraw after setting a reasonable grace period; the grace period must be set by registered letter. If the client is in default with a partial service or an agreed cooperation activity, which makes it impossible or significantly hinders the execution of the order by CreaCore Engineering Labs GmbH, CreaCore Engineering Labs GmbH is entitled to withdraw from the contract. If CreaCore Engineering Labs GmbH is entitled to withdraw from the contract, it retains the right to the entire agreed fee, as is the case if the client withdraws without justification. Section 1168 ABGB also applies; if the client withdraws with justification, the client must pay for the services provided by CreaCore Engineering Labs GmbH.

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• Fees, scope of services:
  All fees are in EURO unless otherwise stated. The stated fee amounts do not include sales tax (value added tax), which must be paid separately by the client. Compensation with any counterclaims, for whatever reason, is not permitted. Unless expressly agreed otherwise, payment must be made without deductions within 14 days of invoicing to the account specified by CreaCore Engineering Labs GmbH at a bank with a domestic branch. In the event of late payment, interest of 9.2% per annum above the ECB base interest rate plus reminder fees must be paid.

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• Protection of plans:
  CreaCore Engineering Labs GmbH reserves all rights and uses to the documents it creates (in particular plans, brochures, technical documents). Any use (in particular processing, execution, reproduction, distribution, public presentation, making available) of the documents or parts thereof is only permitted with our express consent. All documents may therefore only be used for the purposes expressly specified when the order is placed or in a subsequent agreement.

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• Place of performance: The place of performance for all office services is the headquarters of CreaCore Engineering Labs GmbH.

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• Confidentiality: CreaCore Engineering Labs GmbH is obliged to keep all information provided by the client confidential. CreaCore Engineering Labs GmbH is also obliged to keep its planning activities confidential if and as long as the client has a legitimate interest in this confidentiality. After the order has been completed, CreaCore Engineering Labs GmbH is entitled to publish the contractual work in whole or in part for advertising purposes, unless otherwise agreed in the contract.

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• Severability clause: If individual parts of these terms and conditions are invalid, this does not affect the validity of the remaining parts.