GENERAL TERMS AND CONDITIONS of Hawle Service GmbH
Last updated January 2026 / valid as of 1 January 2026
1. GENERAL:
1.1. Contracts with Hawle Service GmbH – hereinafter referred to as the Contractor – are established either by jointly drafting a written order, or by the Contractor submitting an offer, which is then confirmed in writing by the customer – hereinafter referred to as the Client – or vice versa. Written offers by the Contractor shall be valid for 14 days only, within which period the Client must confirm and accept the order in writing. These General Terms and Conditions, as well as the conditions, deadlines and descriptions specified in the respective contract or offer, form an integral part of the concluded contract.
1.2. The Contractor shall not recognise terms and conditions of the Client that conflict with, or deviate from, these General Terms and Conditions, except where the Contractor has expressly agreed to their validity in writing.
1.3. Supplements and amendments to these delivery terms as well as ancillary agreements shall only be effective if made in writing. This also applies to the waiver of the written form requirement.
1.4. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be automatically replaced by legally valid provisions that most closely reflect the economic outcome intended by the contracting parties.
2. PRICES:
2.1. Product prices are included in the respective order or quotation. Where no product prices are specified, the list prices valid on the day of delivery shall apply. Product prices (particularly for orders placed in our online shop) are quoted ex warehouse Leobersdorf, or EXW Leobersdorf (Incoterms 2020), excluding in particular packaging, transport costs, transport insurance, value added tax, and import and export duties. Packaging, loading, transport costs and transport insurance, as well as any taxes and duties, shall be invoiced separately by the Contractor where applicable.
2.2. In the event that the Client places additional verbal or written orders beyond the scope of the contract, either before or during the performance of work, such orders shall be subject to reasonable pricing. The same shall apply to services provided by the Contractor that are strictly necessary for the performance of the services (even if they are not included in the order), such as safety measures at construction sites, challenging transportation routes, official permits, certificates, and expert opinions.
2.3. Quotations provided by the Contractor are non-binding and subject to a fee. All offers and quotations of the Contractor are based on the assumption that the conditions required to perform the services are in place on site. Should any deficiencies in this regard subsequently become apparent, the Contractor shall be entitled to invoice any additional costs incurred at a reasonable rate.
2.4. The Client shall arrange for the professional and environmentally safe disposal of waste material at their own expense. If this is commissioned separately, the Contractor shall be entitled to demand reasonable compensation.
2.5. Any changes in labour costs resulting from collective bargaining agreements, statutory regulations or internal company agreements, as well as any changes in other costs affecting price calculations and necessary for the provision of services, such as material, energy, transport, third-party work and financing costs etc., shall entitle the Contractor to increase their prices accordingly.
2.6. The contracting parties agree that statutory default interest shall be charged to the Client in the event of late payment.
3. PERFORMANCE OF SERVICES:
3.1. The Contractor shall perform the services to be provided in accordance with the generally accepted state of the art (generally accepted rules of technology).
3.2. The Contractor shall be entitled to bill the Client for additional expenses at a reasonable rate if the Client selects materials/products/designs that are not in line with the purpose of the contract. Should the Contractor become aware that local and technical conditions are not suitable for performing the contract, or discover potential hazards, at the start of the installation or repair work, they shall notify the Client accordingly. Should the Client subsequently fail to award additional contracts necessary for the orderly performance of the contract, the contract shall be deemed terminated, and the Contractor shall be entitled to invoice all services rendered up to that point.
3.3. The Contractor shall not be liable for material or equipment provided by the Client.
3.4. The Contractor is generally free to perform the contract as they see fit and can therefore freely choose the number of staff, performance method, type of materials and methods of processing, except if a specific performance method is specified in the contract or the Client issues specific instructions. The Contractor shall be entitled to use authorised subcontractors to perform the repair and maintenance services.
3.5. Furthermore, the Contractor’s duty to warn the Client shall be limited to those areas directly affected by the work to be carried out, but shall not extend to secondary circumstances and local conditions that could be indirectly affected by the work. In the event that instructions or specific requests for execution issued by the Client conflict with the accepted state of the art, the Client shall be informed of this. If the Client nevertheless continues to request a specific type of execution after being informed by the Contractor, and this is subsequently implemented, the Contractor shall be exempt from liability.
3.6. During performance of the work, only designated representatives of the Client shall be authorised to issue instructions to the Contractor’s senior personnel. Should technically viable instructions of the Client result in changes or extensions to the scope of work, the Contractor shall be entitled to charge reasonable prices for this. The Contractor shall document these changes in writing.
3.7. If a maintenance contract is concluded, the agreed prices shall be adjusted for inflation in line with the CPI 2020 or a successor index, whereby the base month shall be the month in which the contract was concluded, and the last published index figure prior to the reference month of the due date and date of invoice shall apply.
3.8. The Client has a duty to cooperate during the performance of the work and shall be responsible for meeting all structural, technical and legal requirements at their own expense. The Client shall independently disclose all necessary information regarding the scope of work, concealed power lines, gas and water pipelines, or similar installations, other structural obstacles, as well as potential sources of disruption or danger. Furthermore, the Client is obliged to point out any particular features that are not to be expected in the normal course of events (valuable objects, or equipment at the place of performance that could be damaged). Should the Client incur damages due to a breach of their contractual or legal obligation to cooperate, the Contractor shall be released from liability.
3.9 The Contractor shall obtain and implement official approvals and notifications only if this has been expressly agreed in the contract. Otherwise, the Client shall be obliged to do so at their own expense; the Client shall be responsible for obtaining the necessary information from the authorities.
3.10. Reasonable changes to the scope of services that are factually justified and minor shall be deemed to have been approved in advance.
3.11. Agreed delivery and performance deadlines cannot be considered guaranteed; in the event of force majeure or any unforeseeable obstacles for which the Contractor is not responsible, they shall be extended by the duration of the obstacle. This shall also apply if such obstacles are encountered by the Contractor’s suppliers. Such obstacles shall include, in particular, official measures, strikes and lockouts, natural disasters, market-related material procurement problems, and import and export restrictions. If the commencement or continuation of the performance of services is delayed due to circumstances attributable to the Client, or if the Client violates their statutory or contractual obligation to cooperate, all performance completion dates shall be deferred accordingly.
3.12. Should the Contractor cause damage during performance of the work, the Contractor shall only be held liable if such damage was culpably caused; in the event of due performance, liability shall be waived entirely.
4. FAILURE TO DELIVER OR PERFORM:
4.1 If the Contractor fails to deliver or perform the contract for work and services, or parts thereof, for reasons within the Client’s sphere of influence, the Contractor shall be entitled to charge reasonable compensation for the loss of the order, which is agreed at a flat rate of 15 % of the net order value. However, if the Client refuses to accept performance, or the work is performed at such short notice that the Contractor is no longer able to perform a replacement order, the Client shall be obliged to pay the full fee, less any material costs saved.
4.3. If performance of the work is merely delayed, for reasons attributable to the Client, the Contractor shall be entitled to charge a reasonable amount for the idle time of the employees deployed as well as for additional travelling time.
5. COMPENSATION AND LIABILITY:
5.1. The Contractor shall be liable for damages incurred by the Client in the course of transacting business up to a maximum of the value of the order placed with the Contractor, and only in cases of gross negligence on the part of the Contractor or on the part of the Contractor’s agents, with the exception of personal injury, for which the Contractor shall be held liable even in cases of slight negligence. The burden of proving gross negligence shall always lie with the injured party.
5.2. Under no circumstances shall the Contractor be liable, whether in tort or contract, for indirect damages, consequential damages, purely pecuniary damages, lost profit, damages due to delays, or damages arising from third-party claims.
5.3. The time limit for asserting claims for damages shall be one year from the date of discovery or negligent ignorance of the damage and the party responsible for it.
5.4. In the event that the Client themselves is held liable under the Product Liability Act, they shall immediately notify the Contractor thereof by telephone or in writing and shall provide the Contractor with the address of the claimant without delay, failing which the Client’s right of recourse against the Contractor under product liability shall lapse. Negotiations on product liability claims relating to the Contractor’s products shall be conducted exclusively by the Contractor.
5.5. The Client shall ensure that the areas required for the performance of the work are unobstructed and shall secure or remove any valuable items themselves.
6. COPYRIGHTS:
6.1. Plans and drawings, cost estimates and other documentation prepared by the Contractor are the Contractor’s intellectual property. The Client is not entitled to use, disclose, reproduce or publish them beyond the scope of the agreed business purpose.
6.2. In the event that the Client discloses documentation subject to third-party property rights and a third party asserts claims, the Contractor shall be entitled to suspend all work until such claims have been clarified. The Client shall indemnify the Contractor and hold them harmless, and shall make reasonable advance payments towards legal costs upon request.
7. WARRANTY AND GUARANTEE:
7.1. The statutory warranty period for products delivered and service work provided shall be two years from the date of delivery. For pre-owned products, the warranty period shall be reduced to one year.
7.2. When concluding a contract for work and services relating to immovable items, or the processing or manufacture of immovable items, the period shall be three years.
7.3. The Contractor shall be free to decide whether to fulfil warranty claims by means of replacements, improvements, price reductions, or by withdrawing from the contract.
7.4. Warranty obligations shall generally cover defective goods, but not expenses incurred in connection with remedying defects, such as excavation costs, labour costs and travel expenses.
7.5. In all cases, the Client shall bear the burden of proving that the delivered goods were defective at the time of delivery.
7.6. The place of performance for warranty obligations shall always be the delivery location agreed for the original delivery.
7.7. Where delivered goods or materials are covered by a manufacturer’s warranty, the Client shall only be entitled to assert this claim directly against the manufacturer, whereby the Contractor shall assist the Client in forwarding and enforcing the claim to the best of their ability.
7.8. The Client shall inspect the quantity and condition of the goods received immediately upon arrival. Notices of defects must be issued by the Client in writing immediately upon receipt of the goods, but no later than 10 days after delivery, and before working or processing them; otherwise, warranty and/or damage claims, and/or the right of avoidance on the grounds of error, shall be excluded. However, such notices of defects shall not entitle the Client to withhold payment of the invoice amounts or parts thereof.
7.9. For defects that could not be detected during inspection upon delivery, the warranty period shall be six months from the date of delivery and shall not be extended or interrupted by attempts at improvement; it shall also apply to partial deliveries. Such defects must be reported in writing within 10 days of their discovery, failing which warranty and/or damage claims, and/or the right of avoidance on the grounds of error, shall be excluded. However, such notices of defects shall not entitle the Client to withhold payment of the invoice amounts or parts thereof.
8. PAYMENT TERMS:
8.1. In principle, payment is due immediately upon receipt of the invoice, without deductions or discounts, unless otherwise agreed in the contract. The invoice shall become due upon delivery to the address of the Client specified in the contract, whereby electronic delivery by email shall suffice.
8.2. The Contractor shall be entitled to issue partial invoices. In the event that the Client defaults on payment of a partial invoice (after the Contractor has rendered the service to the extent covered by the partial invoice), the Contractor shall be entitled to suspend work with immediate effect and to withdraw from the contract after setting a 10-day grace period, and to assert claims for damages.
9. RETENTION OF TITLE:
9.1. All goods delivered by the Contractor shall remain the property of the Contractor until full payment has been made.
9.2. The Client may resell the goods in the ordinary course of business, even during the period of retention of title. However, if the Client is in default of payment to the Contractor, the Contractor may prohibit the resale of the goods subject to retention of title.
9.3. The Client herewith assigns to the Contractor all purchase price claims arising from the resale of the goods to their customers, including all ancillary rights. The Contractor herewith accepts this assignment. These purchase price claims serve as security for the goods subject to retention of title.
10. WEBSITES, WEB APPLICATIONS, APPS:
The Contractor’s liability for damages arising directly or indirectly from the use of its websites, web applications or apps shall be limited to intent and gross negligence. The Contractor assumes no liability for the accuracy, completeness and up-to-dateness of the information provided, except in cases of intent or gross negligence.
11. PLACE OF PERFORMANCE, PLACE OF JURISDICTION, APPLICABLE LAW:
11.1. In all cases, the place of performance for delivery and payment shall be the Contractor’s registered office, unless another place of delivery has been individually agreed.
11.2. The place of jurisdiction for all disputes arising from legal transactions between the Contractor and the Client shall be the court with jurisdiction ratione materiae at the Contractor’s registered office. Furthermore, the Contractor shall be entitled to initiate legal proceedings at the Client’s registered office.
11.3. All legal transactions between the Client and the Contractor shall be governed exclusively by Austrian substantive law, excluding conflict-of-law rules. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
