In the event of a doubt, the party who signs the contract, even when he or she signed for other mentioned parties (legal entities respectively) is considered a contractual partner (shortened “CP” below).
The following terms and conditions pertain to the contract and to all future contracts with the CP, provided no other agreement has been reached. The terms and conditions of AED Housing GmbH require an express written consent in order to be legally valid, even when they contain a clause after which stipulations which contradict the latter are no longer valid.
Conclusion of contract
Prior to the moving into one of the homes of AED Housing GmbH, the CP is responsible for contacting one of AED Housing GmbH’s representatives and setting up a meeting.
The commodities bought/ordered on the account of AED Housing GmbH are considered a debt obligation. The CP therefore is liable for the risks and costs associated with the transportation of these commodities. The risk of loss or damage is passed over only once AED Housing GmbH has been delivered the commodities.
In the absence of any other agreement, any offer or cost estimate addressed to AED Housing Gmbh is considered binding and free of charge.
If offers are made on the behalf of AED Housing GmbH, these are always non-binding. In the case that offers are made to AED housing GmbH, the party who makes the offer is bound to the offer for at least four weeks.
The conclusion of a contract requires the written form and the official company signature of both contracting parties. Changes made to the concluded contract require again the written form and signature of both contracting parties.
Plans, sketches, and other documents such as prospects, catalogues, presentations and the like, which are given over by AED Housing GmbH to the CP remain the full intellectual property of AED Housing GmbH.
Each use, especially the transfer, reproduction, publication and allocation of the aforementioned documents, including copies of their excerpts require the express written consent of AED Housing GmbH. The CP is in any case committed to maintaining confidentiality of the business relationship.
n case of noncompliance, AED Housing GmbH reserves the right to civil as well as criminal law claims, and reserves the right to claim compensation for damages.
Conditions of Payment
The contractually agreed prices are considered fixed prices. A price adjustment clause and the like are not accepted by AED Housing GmbH and are not effective, as long as no separate agreement has been negotiated.
The agreement to a selling/renting price of the GP is payable only with a receipt and a complete, agreed to service provision.
The payment obligation towards AED Housing GmbH means that the amount stipulated in the contract, together with all fees, taxes etc. must be on AED Housing GmbH’s bank account by the due date of the payment. Otherwise, consequences for defaulting on payment will follow.
Reservation of Ownership
The commodity (service,respectively) are passed over into AED Housing GmbH’s ownership even before the full payment has been made.
Noncompliance/default in delivery and performance
If the service provision of the BP is inadequate (i.e. does not take place at the right time, place, or not in the agreed fashion), AED Housing GmbH reserves the right to withdraw within 14 days or after a grace period from the contract by means of a written explanation. In addition, in case of acquired debt AED Housing GmbH has the right to demand compensation for damages.
Unilateral service modifications
Unilateral changes made to the contract by the BP without the consent of AED Housing GmbH are not allowed.
Warranty/Compensation for damages
Warranties and other disclaimers and limitations of liability of the BP of any kind are ineffective and only valid in case of written agreement with AED Housing GmbH.
In case of defects, AED Housing GmbH is free to choose between an exchange, a reparation, or a price reduction. In case of recourse to an exchange or a reparation, AED Housing GmbH has the right to a full retention of the remuneration.
Reasons for contract termination
AED Housing GmbH reserves the right to terminate the contract when there is a valid reason to do so. This is the case when the BP is insolvent, if his assets are being subject to bankruptcy proceedings, if court composition proceedings have been opened, or if the costs have not been fully covered.
When legally binding, official requirements, or statutory regulations have not been fulfilled.
When the BP sets up his own operating activities.
When the BP despite due date and a written notice does not fulfill his payment obligation.
AED Housing Gmbh reserves the right to cede your claims at all times to a third party.
Austrian substantive law shall apply. The business languages are German and English.
All disputes with AED Housing GmbH are discussed at AED Housing’s head office, the locally responsible and competent court.
By signing the contract, both parties certify that there will be no verbal side agreements.
Should a clause in the contract be void and invalid, the remaining clauses in the contract remain valid.
Should the mailing address (as well as the e-mail address) of the BP change, he or she is obliged to inform AED Housing GmbH promptly about the new address. Otherwise, AED Housing GmbH can continue to legally mail to the old address.