§ 1 The general business conditions apply in each individual business case as basis for the establishment of a remunerated contract which oblige the Micro-Biology Consult Dr. Andreas Hassl to a delivery of a product or a service, with the exception of the indispensable regulations and the ones for the certificate type: court expert writings; subsidiary they apply to the current laws of the ABGB with the explicit exclusion of CSE. The general business conditions of addressees of goods and services are never part of the contract.
§ 2 The Micro-Biology Consult Dr. Andreas Hassl understands its business activity as on the customer needs and - preferences aligned, individual case-referred production about findings, valuations and appraisals. Any condition of this General Business Conditions and any performance specification, which is understandable as a request to put an offer, of the current, only at the time of the conclusion of the contract valid price list, that is the version MBC pretia VS 19-1 from 21.01.19, is an essential part of each completion of a contract. For the purposes of the § 864a ABGB and the § 3(1) Austrian KSchG, I refer to every single appointment of this AGB explicitly.
§ 3 The Micro-Biology Consult Dr. Andreas Hassl does not understand its business activity as a service tenderer according to § 3 ECG; all orders and contracts are made only by non-interactive media. The Micro-Biology Consult Dr. Andreas Hassl commits itself irrevocably to use email addresses of customers only for a communication between it and the customer in the case of business, never however for advertising purposes.
§ 4 Each co-operation or participation of the Micro-Biology Consult Dr. Andreas Hassl in precarious, illegal or immoral business or actions is impossible; arising, serious doubts lead to an ex tunc nullity of the contract after a communication of the contracting party.
§ 5 The Micro-Biology Consult Dr. Andreas Hassl underlies the "bona fides" during any acquisition of a contract and therefore assumes the presence of a right-conformal status and fair intentions of the contracting party. Therefore the conditions for consumer business in the sense of the Austrian and EU regulations concerning consumerism applies only to those cases, in which the consumer status of the contracting party was or would have had to be recognizable for the Micro-Biology Consult Dr. Andreas Hassl during contracting. The consumer status is however recognizable in cases
(1) of an explicit declaration of the contracting party, or
(2) of an agreement in the contract, or
(3) if the contracting party requests written information according to § 5d (1) KSchG before contracting in case of e-commerce.
§ 6 Rights of the consumer to withdraw from the contract according to § 3 (1) KSchG can be exercised in written form within one week after contracting, the withdrawing leads to an ex tunc nullity of the contract.
The consumer is not entitled to the right to withdraw from the contract in a case of:
(1) an own solicitation of the contract (§ 3 (3) Z1 KSchG);
(2) the right is ceded according to § 3a (4) Z2 KSchG, which is stipulated herewith in cases of dealings according to § 5 (2) of this GBC.
§ 7 The contract - as consensual contract - between the customer (client) and Micro-Biology Consult Dr. Andreas Hassl (obligated one) came to validity only if
(1) both parties agreed expressly to the subject-matter of the contract, whereby the obligation for the forwarding of written documents according to § 3 (1) KSchG and the conditions for contracting in the remote trade according to § 5a KSchG pass for fulfilled, and
(2) both parties explained expressly their special preference for the acceptance of a thing or an obligation and - in the case of investigations:
(3) the ancillary sample was sent to the Micro-Biology Consult Dr. Andreas Hassl, and
(4) the necessary anamnestic data were conveyed free of any mistakes to the Micro-Biology Consult Dr. Andreas Hassl, and
(5) the Micro-Biology Consult Dr. Andreas Hassl has confirmed the usefulness of the sample and the data arrived.
All orders are worked on immediately after coming off the contract.
§ 8 It is bindingly agreed that the orderer of a service accepts a duty of acceptance at the time stipulated. The outcome of this is the - collateralized with a penalty of 10% of the net payment - obligation of the Micro-Biology Consult Dr. Andreas Hassl to supply the service at the prescribed period. The exceptions are a prevention from higher force and the obstructive influence of third parties undeserved and unpreventable by the Micro-Biology Consult Dr. Andreas Hassl.
§ 9 The Micro-Biology Consult Dr. Andreas Hassl promises the contracting party in case of self-inflicted non-performance of a contract a penalty at the value of 10% of the net payment, in case of undetermined payment of 10 € (liability pro viribus).
§ 10 All indicated prices contain the legal VAT, but not the facultative resulting post office -, banking- and shipping charges. All offers are without liability and apply as long there is enough reservoir. Interpretations of test results and elucidations are independent extra services, which are added only in case of necessity and which are an integral component of the offer.
§ 11 Payment of the service or goods takes place up to the date determined on the account without discount. In case of delay in payment there will be a reminder with a flat surcharge and a capitalized interest-payment of 0,0110% per each 30 day period at present. The beneficiary appoints to an user-defined or he authorises a trade-usual way of dispatch or shipping mode, whereby with the delivery to the carrier the transfer of property with passing of the risk takes place according to § 429.
§ 12 The payment is possible by cash, bank credit transfer or VISA card transfer. The payment can take place until 30 days after due date via a bank credit transfer. Outside of Austria the payment is possible only in advance or by means of a VISA card.
§ 13 The definition of the place and the time of the fulfilment of a contract is incumbent on the Micro-Biology Consult Dr. Andreas Hassl, referring to the § 5 of this GBC in conjunction with Art 23 EuGVVO the place of jurisdiction is Vienna exclusively, even in cases of cross-border businesses.
§ 14 Living animals are, irrespective of legal transport regulations, in principle not sent away by post office services or accepted as execution of a contract as postal item, excluded are arthropods and non-pathogenic parasites.
§ 15 By contrac the § 915 ABGB is ceded. All uses of expressions correspond to the knowledge horizon of the Micro-Biology Consult Dr. Andreas Hassl.
§ 16 In the context of each expert activity the Micro-Biology Consult Dr. Andreas Hassl guarantees applying point 1.2 of the profession rules and the rule of § 9 of the GBC that the obligations according the increased standard of the § 1299 and § 1300 ABGB are carefully and conscientiously kept - in accordance with the oath of § 5 Abs1 SDG. These obligations cover: to examine the subjects of an inspection carefully, to indicate the made perceptions from inspection and records faithfully and completely, and to report the findings and the appraisal after best knowledge and conscience according to the rules of the science, the art, and the technology of my field of activity. Therefore, after the conclusion of a contract liability accusations because of the lack of necessary abilities are impossible.
§ 17 This type of contract is a contract of work and labour for the specification (= opus) of a unique thing (species). During the fabrication of the opus the species will be destroyed usually; the liability of the Micro-Biology Consult Dr. Andreas Hassl from the warranty exclusively extends to the opus. The remnants of the species and the processing products alienate into the unrestricted property of the Micro-Biology Consult Dr. Andreas Hassl.
§ 18 The private „Expert Contract of work and labour” may be published by the client only and only to the full extent without omissions or adding. Any protective effect of the contract to a third party is - ex contractu - impossible; if, however, such a contract came into being any liability for bare financial damages is excluded.
§ 19 The achievement place of delivery and the fulfilment date can be seen at the appraisal, the place of billing is Vienna.
§ 20 If individual regulations of the General Business Conditions including this regulation should be or will become totally or partly ineffective, or should the General Business Conditions contain a regulation gap, the effectiveness of the remaining regulations or parts of such regulations remains unaffected. In place of the ineffective or missing regulations the respective legal regulations are implemented. This salvaging stipulation applies also to all contracts concluded with customers.
Micro-Biology Consult Dr. Andreas Hassl
Ameisgasse 63/4/12 - A-1140 - Vienna - Austria
Tel.: +43 664 230 24 13
Fax: +43 1 419 3378
UID: VAT exempt acc. to § 6 Abs 1 Z 27 UStG
Area of jurisdiction is Vienna except in cases of another contract fulfilling place.