General Terms and Conditions

General

1. Deliveries, services, and offers by the contractor are exclusively based on these General Terms and Conditions. These terms shall also apply to all future business relationships, even if they are not explicitly agreed upon again. Any acknowledgments by the customer referring to their own general or delivery terms are hereby rejected. These General Terms and Conditions remain binding even if individual parts should be ineffective for any reason.
2. Verbal side agreements, as well as subsequent contract amendments, require written form signed by both contractual parties; this also applies to any deviation from this provision.
3. Technical documents provided by the supplying company remain its intellectual property at all times.
4. Cost estimates and offers are only provided in writing.
5. Exceeding the offer due to changes requested by the customer is considered approved by the customer, even without notification by the contractor.
6. The supplying company is only obligated to execute the order once all technical and contractual details have been clarified, the customer has fulfilled their obligations, and the structural, technical, and legal prerequisites for execution have been met.
7. If the execution of services is delayed without fault of the supplying company, agreed deadlines are extended accordingly; any additional costs incurred shall be borne by the customer.
8. The supplying company must notify the customer of the handover date in a timely manner.
9. If the customer fails to attend the handover, acceptance is deemed to have occurred on the scheduled handover date.
10. Commissioning by the customer is considered acceptance.
11. No liability is assumed for products provided by the customer.
12. Credit check: The customer expressly consents to their data being transmitted exclusively for the purpose of creditor protection to legally privileged creditor protection associations, such as the Kreditschutzverband von 1870 (KSV) or CRIF GmbH.

Prices

1. We are entitled, as well as obligated upon the customer's request, to adjust the contractually agreed remuneration if changes of at least 2% occur in (a) labor costs due to laws, regulations, collective agreements, or (b) other cost factors necessary for service provision, such as material costs based on recommendations by the Parity Commissions or changes in national or global market prices for raw materials, relevant exchange rate fluctuations, etc., since the conclusion of the contract. The adjustment is made to the extent that actual production costs at the time of contract conclusion differ from those at the time of actual service provision, provided we are not in default.
2. We reserve the right to adjust prices in case of changes in the execution quantity compared to the offer. Prices apply for total acceptance.
3. In case of measurement billing, the determination of measurements takes place in the presence of the customer; if the customer fails to attend despite being invited, the measurements billed by the supplying company are deemed correct.
4. If the order is urgent by nature or if urgent execution is requested by the customer, additional costs incurred due to necessary overtime and accelerated material procurement will be charged.
5. All delivered and installed systems, goods, devices, etc. remain the property of the supplying company until full payment is made.
6. Complaints can only be considered within 8 days after order fulfillment.

Payment / Payment Default

1. One-third of the remuneration is due upon contract conclusion, one-third at the start of service, and the remainder after service completion.
2. In case of payment default by the customer, the supplying company is entitled to demand immediate payment of the total price.
3. Unless otherwise agreed, the invoice amount is due and payable within 8 days net upon receipt of the invoice. Payment: from due date, 9.2% above the base interest rate. In case of non-payment, collection will be handled by a lawyer or collection agency. The buyer agrees to reimburse reminder and collection fees in case of default. Even in the event of a defect, the customer is not entitled to withhold partial services or invoices, either partially or in full.
4. If the customer fails to meet their payment obligation, the supplying company is entitled, without prejudice to its other rights, to reclaim the systems, goods, devices, etc. subject to retention of title, without this constituting a withdrawal from the contract.
5. The place of payment and jurisdiction is Melk. Unless explicitly agreed otherwise, Melk is also the place of fulfillment.

Funding notice for photovoltaic systems

1. According to § 15 BGBl. No. 64/2023: The funding recipient is obliged to repay a disbursed subsidy upon written request if:
   Authorities or representatives of the federal government have been incorrectly or incompletely informed about essential circumstances
   Obligations, conditions, and requirements specified in the funding contract have not been complied with
   Required reports have not been submitted, evidence not provided, or necessary information not given
   The funding recipient fails to promptly report events that delay or prevent the execution of the funded service
   The funding recipient obstructs or prevents planned control measures
   The funding has been used entirely or partially for unintended purposes
   The funded measure cannot be carried out or cannot be carried out on time
   The actual prerequisites no longer apply
   The projected ecological success does not occur
   Repayment must be made within 14 days of the request.

Data Protection

1. Gottwald GmbH & Co KG always treats personal data confidentially. We strive to store your personal data in such a way that it is not accessible to third parties by implementing all technical and organizational measures.
   Your personal data will only be passed on to third parties if this is necessary for contract processing or if you have given prior consent.
   You have the rights to information, correction, deletion, restriction, data portability, revocation, and objection.
   Detailed information can be found in our privacy policy.
   
2. Here you can download the delivery conditions for the individual business sectors: