General conditions of contract for HOLZBAU MAIER
I. Legal framework
1. The relevant Ö-Normen (Austrian standards) form the legal basis for this contract, with the exception of the Ö-Normen for “wood preservation” (3910, 3802, 3803, 3804) – chemical wood protection is expressly waived for biological building reasons. If an Ö-Norm does not exist, the relevant DIN standard shall apply provided that the applicable corresponding provision of the ABGB (Austrian civil code) does not stipulate otherwise and provided that it is not otherwise stipulated below.
2. The client(s) profess to be the exclusive owner or rights holder of the construction site.
1. The scope is defined in detail in the specifications.
2. Services that deviate from the agreed scope of services will be separately determined and accounted for in supplemental agreements to this contract. This also applies to services that deviate from the agreed scope of services but that must be provided on the basis of specific regulatory building stipulations or other regulatory stipulations. Supplemental agreements require a change in the purchase price stipulated in this contract. These must be completed no later than 8 weeks before the first day of the agreed on-site construction period and must be confirmed by Holzbau Maier within this time. Otherwise Holzbau Maier is not obliged to observe the change requests. In regard to any additional work, Holzbau Maier will provide a written offer that must be accepted by the client in writing. In regard to required time and materials work, Holzbau Maier shall keep time and material work reports that must be signed off by the client.
3. The client shall be issued with 4 copies of documentation for the planning application.
4. Prices listed in this contract are fixed prices. The final price may be revised in the event of a change in VAT. Prices are valid within the contractually agreed building deadlines and also if deadlines are missed due to the sole negligence of Holzbau Maier. In the event of non-compliance with the agreed building deadlines for other reasons, especially due to non-compliance with the contractual obligations listed in section IV, paragraph 2, value protection will be agreed based on the construction cost index with regard to the fixed price. The index number published and valid at the time of the end of contract applies.
5. All copyrights for the designs, plans, building specifications and other similar documents created by Holzbau Maier shall unconditionally remain the property of Holzbau Maier.
III. Conditions of payment
1. The client must provide a bank guarantee, a binding financial commitment from a bank or a credit institute or another form of guarantee that the total purchase price will be paid to Holzbau Maier on the agreed date of payment. The client undertakes to authorise direct payments from the respective financier to Holzbau Maier. Holzbau Maier is entitled to assign receivables to Raiffeisenverband Salzburg reg.Gen.m.b.H. or to any other third party.
2. Review periods: Provided no written agreement is made that deviates from this contract, the following review periods apply: 14 days for partial invoices, 30 days for final invoices.
3.The price quoted is a fixed price under application II no. 4 of the HOLZBAU MAIER conditions. Transfer costs (bank charges and commissions) shall be borne by the client.
4. Is the client or the recipient of the service an entrepreneur, in possession of a valid UID number and carries out transactions acc. § 19 para. 1a UStG 1994, the tax liability is transferred to the recipient.
IV. Date of delivery
1. Holzbau Maier must start construction no later than 8 weeks after the first day of the agreed on-site construction period. Building completion according to the accompanying specifications must occur within 6 months of the first day of the agreed on-site construction period. If Holzbau Maier is also tasked with construction of the basement or foundations, this is extended to 12 months. All of this is provided that the client satisfies the obligations listed in paragraph 2 of this section within the required timeframe.
2. The client must provide the following:
a) A legally valid building permit and land register abstract no later than 8 weeks before the first day of the agreed on-site construction period.
b) Binding proof of financing no later than 8 weeks before the first day of the agreed on-site construction period.
c) Confirmation of insurance coverage for fire damage no later than 8 weeks before the first day of the agreed on-site construction period.
d) Proper site preparation no later than 4 weeks before the first day of the agreed on-site construction period; site preparation also includes correct implementation of the basement and/or foundations, assuming that these are not to be provided by Holzbau Maier. The client must take action to ensure that these requirements are met on time. If the client does not meet one of these requirements within the deadline, Holzbau Maier is entitled to shift the building deadlines accordingly, irrespective of other possibilities.
3. The client will be informed of the exact construction date at least 2 weeks before the start of construction.
4. Weather-related delays or interruptions to construction are not predictable and may be adjusted at the discretion of Holzbau Maier. The predicted completion date will be shifted accordingly as a result.
Holzbau Maier is entitled to immediate withdrawal from the contract without notice if
a) Payments are not received by the agreed dates; in this case Holzbau Maier is entitled to stop work until the outstanding amount is received and the construction completion date shall be shifted accordingly.
b) The client does not meet the requirements listed in contract section IV, paragraph 2, for example a legally valid building permit, land register abstract, binding proof of financing, confirmation of insurance and correct site preparation.
VI. Risk transfer and warranty
1. The client has to take over the building within 2 weeks after receiving the completion notification. During the takeover, Holzbau Maier and the client (s) create a takeover log, which must be signed by both parties. Any defects found must be rectified by Holzbau Maier immediately. Minor defects that do not hinder the proper use of the house or work, do not postpone the date of takeover.
2. The risk transfer passes to the client upon the takeover. An earlier use of the house or even only individual rooms of the same applies as a takeover of the entire object.
3. Timber construction Maier warrants according to the legal provisions for the subject building or, in the context of Holzbau Maier, if applicable, any further conditions granted by suppliers. The client has to assert any defects immediately in writing.
4. No liability can be accepted for third-party services not commissioned by Holzbau Maier. Does the client help the helper,
For example, the client assumes full responsibility and liability for the helpers and the client holds the Holzbau Maier company
in this regard harmless and harmless in all respects.
5. The client must ensure adequate ventilation of the building after completion to prevent damage to the wood. (Woody blue is a blemish and does not harm the wood).
6. Room climate: Since natural swelling and shrinking is a characteristic of the wood, a healthy room climate (air humidification) should be taken into consideration, especially during the heating season. With an average room temperature of 20-22 ° C and 55 - 60% relative humidity, the wood volume remains largely constant and only minimal wood-typical cracks or joints can occur. For solid wood furniture, a minimum of 55% humidity is required.
7. Wood Floors: For indoor wood floors, the indoor climate must be kept constant at 50% relative humidity. Deviations are only permitted up to a tolerance of +/- 5%. The optimum surface temperature of the wooden floor must be 25 ° C and the max. The surface temperature of the screed must not exceed 29 ° C.
8. Wooden interior doors: In the wet area (eg bathroom) the door frames are mounted at a distance of 5 mm to the floor and sealed with a silicone joint (maintenance joint). In order to avoid moisture damage, this joint must be regularly checked for leaks by the client and maintained. Delay of doors: The maximum permissible distortion of interior doors is 4mm. The delay is measured on the hollow side in the middle of the door leaf. Should a delay be claimed, it is recommended to first wait for a heating season, as the delay in most cases falls back after this time. It must be checked in advance whether the delay is actually to be found on the door leaf or on a non-vertically installed frame.
10. Window 3-pane glazing: On the outside of high-quality insulating glazing, there may be some condensations lasting several hours in spring and autumn, which will reduce the amount of light. This is a result of good thermal insulation and unavoidable weather and environmental influences and is more pronounced, the better the thermal insulation value of the glazing is selected and represents no shortage. The adjustment of the windows and doors, on request of the owner, within a year period as unique Service, offered for free. Any later and / or further adjustment work will be charged on the effort.
11. Old wood: The original Old wood from Holzbau Maier is min. Technically dried for 72 hours at over 70 °. Thus, all pests contained in the wood are destroyed. For a later occurring pest infestation, e.g. as a result of adverse indoor climate or the like, Holzbau Maier can not assume any guarantee whatsoever. For on-site Old wood is no warranty!
12. Maintenance joints: elastic joints (silicone joints etc.) are maintenance joints, are not considered to be a seal and must be checked and renewed by the client at regular intervals.
13. If the client treats, paints or retouches the surface of the wood or has it treated by a third party on his behalf, it is essential to ensure that only vapor-permeable paints are used.
14. Maintenance obligation of the client: Work which is necessary to maintain the general parts of the house (eg roof, façade, exterior doors including the door frame, exterior window including window frame, exterior shuttering, exterior plaster, etc.) must be carried out on an ongoing basis
VII. Technical changes
1. Holzbau Maier reserves the right to make minor changes in specification and design. In addition, Holzbau Maier is entitled to make changes for technical reasons and changes that represent a technical advance.
2. Such changes may only be performed if they are not value impairing. The agreed fee shall remain unaffected by these changes.
VIII. Severability clause
1. The contract remains binding even if individual terms are legally invalid. The invalid conditions are to be substituted with those that correspond closest to the contractual intent of both parties.
IX. Written form
All auxiliary agreements to this contract must be made in writing. This also applies to any deviations from the written contract.
This document applies until Holzbau Maier provides written declaration of acceptance of a written order (offer) from the client. The client is bound to this order for 6 weeks starting on receipt of the order by Holzbau Maier. If Holzbau Maier accepts the order within this timeframe, a legally binding contract is formed. The date of postage of the acceptance letter shall be used as the measure for the timeliness of the acceptance.
XI. Other agreements
1. In the event that a client undertakes the construction of the basement or foundations or commissions a third-party to do this, Holzbau Maier will only construct the building if the dimensional and angular accuracy of the basement ceiling, exterior walls and foundation plate deviate by no more than 0.5 cm. Holzbau Maier will check the dimensional accuracy once free of charge. The cost of additional checks and inspections shall be borne by the client. A basement and/or foundation design by Holzbau Maier must be precisely adhered to.
2. During the construction period, the client may only carry out work following consultation with the construction manager. This must not lead to any impairment of Holzbau Maier to fulfil the contract. The client is fully and exclusively responsible and liable for his own work. Work carried out by the client can only result in a price reduction if both contractual parties have agreed this in writing. Holzbau Maier is not liable for damages caused by faulty work carried out by the client.
3. Access to the construction site before occupation clearance has been granted is at the client’s own risk. Damage claims against Holzbau Maier are excluded in this context.
4. In the case of multiple clients, the clients are jointly and severally liable for all commitments made in the contract. The client is obliged, at his own expense, to insure the building against fire damage from the start of construction. If fire damage occurs before the handover of the property, insurance compensation is to be issued to Holzbau Maier directly. The client is obliged to authorise the corresponding transfer restrictions.
5. Access: The client is to ensure that the construction site is accessible by trucks weighing up to 40 tonnes with a max. loading height of 4.3 m. If access in this way is not possible, the client shall bear the additional costs associated with the delivery of components to the construction site. The client is responsible for any damages that occur as a result of the access road being unsuitable for vehicles as described above and shall indemnify and hold Holzbau Maier harmless in this respect. Access shall be provided free of charge and the client shall bear all costs associated with this, such as tolls.
6. Retention of title: the building and any components remain the property of Holzbau Maier until full payment has been received.
7. Both parties waive the right to appeal against this contract on account of error.
8. The place of fulfilment for both contractual parties is the place of business of Holzbau Maier. It is agreed that any disputes arising from this contract shall fall under the exclusive jurisdiction of the Zell am See district court or the Salzburg district court as appropriate according to § 104 JN. The contractual relationship is governed by Austrian law.
9. In the case of defects, remaining payments may only be withheld up to the total amount of rectification costs, but not exceeding the agreed retentions.
10. The terms of contract and the construction & service specifications of Holzbau Maier products are components of this contract. The client confirms with his signature that he has taken note of and expressly accepts these terms and specifications.
11. The client expressly declares that all partial or final invoices may be sent to the email address listed above and that these will be recognised as legally binding original invoices.
XII. The following plans are not included in the service specification and are to be provided by the client:
a) Exterior grounds
b) Water connection to the water meter
c) Power connection to the building distributor
d) Sewer connections (sewage and storm water systems)
e) Site power supply
f) Site water
g) All "not included" services listed at the end of the offer or all services not listed in the offer
This is an English translation of the original German version and is provided as a courtesy only. In the case of any discrepancy between the original and the translation, the original German version shall prevail.