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General Terms and conditions


General provisions

  • The general terms and conditions represent an integral part of the contract.
Rights and obligations

  • The contract content constitutes a binding document signed by the Service Provider. Oral statements of employees of the Service Provider are non-binding. When placing an order, the Client takes responsibility for the correctness and entirety of all the data and information offered in relation to the services specifications and of all the other necessary data and information.
  • The services will be performed from Monday to Friday, excepting official hollydays.
  • The working time will be set in such a way as to prevent interfering with the activities of the Client and the performance of activities.
  • Pursuant to this contract, the Service Provider undertakes to perform the settled services appropriately, with care and responsibility by using tested means, devices, machines and methods.
  • The Assignee provides the necessary workers and he is obliged not to employ staff about which he is aware that its honesty, reliability and good faith are no longer gueranteed.The Service Provider is entitled to vary the settled services, in case new work means and methods are implemented or technically improved machines are used resulting in the amendment of the settled standards, as this does not reflect the contracted price.
  • It is explicitly forbidden to the staff of the Assignee to be in touch with documents as well as to open desks or other storehouses unless it is necessary for the execution of the order.
  • The employees of the Client will be briefed regarding the volume of the activities rendered and the allocated time of work. The Supplier’s personnel will be instructed to receive indications regarding the unfolding of the activities from the persons authorized only
  • The Assignee is obliged to instruct its staff, to give immediately all articles which can be classified as "lost property" to an individual specified by the Assignor.
  • The machines and equipment will be made available by the Supplier, who will also be responsible to initiate and perform the necessary service
  • In case parts of the subject-matter of the contract or items used in the provision of services require special treatment, the Client undertakes to notify about these aspects. If the Client does not fulfill his notification obligation, any guarantee and liability of the Provider will be excluded.
  • The Service Provider undertakes to respect the health & safety norms and to train his personnel on these matters. The Assignor confirms that in reference with the assigning of the order there are not any risks available /impossibility for entering in parts of buildings, danger of voltage etc.. In the event of an accident with regard to an employee of the Assignor or one of a third party who are in causal-effective connexion regarding the execution of the services on behalf of the Assignee, the Assignor must be notified immediately /up to 3 days at the latest/ as all substantial circumstances are announced, otherwise any responsibilty of the Assignee is not valid.
  • If during the execution of the service self-propelled devices of the Assignor are being used /in the sense of the Directive for work devices/, the Assignor shall give to the employees of the Assignee, who possess driving licence /a blue passport according to AUVA/, a permission for driving. At the insistence on behalf of the Assignor a copy of the driving licence is submitted.
  • Without any claim of reimbursement, the Client shall ensure cold and hot water, as well as the electric power required for the operation of machines, if all these are necessary to perform the services.
  • Are people killed by the electric current of an electrical system, electric equipment or lightning strike or people are damaged to their health, the nearest police or gendarmerie office must be informed without delay.
  • Obligated to release is those one, who operates the electrical system or electrical equipment. If this is not in a situation or accident caused by lightning strikes, is anyone who perceives the event or its consequences, to the statement required.
Additional rights and obligations for the execution of the cleaning activities

  • The cleaning service refers to an ordinary use of the contract’s object but also to the degree of dirt corresponding to such an object. The special services to be performed are those cleaning services which are different due to building, restoration, repair works or to other special activities or through increased dirt. If additional services are executed, though the permission of the Assignee is not asked for, he has the right to include them in his list as overtime or material costs during the execution of the service.
  • The workforce used shall receive instructions only from the management personnel assigned by us to perform the object of the contract, for all types of cleaning activities. Such management represents the Service Provider regarding decisional authority issues.
  • In case of personnel shortages (due to illness, vacation, etc) the works quantity required by that service shall be covered through organizational measures.
  • The cleaning and maintenance detergents (as well as disinfection ones) alongside all small accessories, such as cleaning cloths shall be made available by the Service Provider. Corrosive and acid detergents shall not be used in the cleaning process, except for toilets.
  • The Client shall make available an appropriate, spacious room, which can be locked, that can be used as a dressing room for the cleaning personnel and for storage of materials, devices and machines.
  • The personnel that is in charge with the cleaning shall receive complete working equipment, with the trademark of the Service Provider’s company.
Prices and payment

  • The prices are based on joint contractual decisions, valid at the moment of contract drawing-up, for the personnel professional groups that will perform that order. A yearly price adjustment shall be made for long-term contracts, if no stipulation to the contrary is set out.
  • If there is no opposite provision, the invoice can be paid in 10 days after reception, at its net value, without discount. At the event of delay of the payment, interest at the rate of 1 % monthly is calculated at your account, later on as indemnification all expenses regarding reminder and receipt are in force as contracted ones.
  • In the event that the Assignor is in delay regarding the due payment, the Assignee has right, after defining an additional term of 5 days, either to stop all services executed by him, to contract out or to bind his further activity with the paying off of the unpaid remuneration and along with the preliminary payment of the remuneration which have to be paid for the next period.
  • The type of the payment is on-line banking
Guarantee and liability

  • In case the Service Provider cannot perform the settled services or appropriately restricts the services as a result of force majeure events such as natural catastrophes, public disturbances, exceptional circumstances, strikes, enterprise closure, terrorist attacks, epidemics and other unavoidable events, the Client shall not be entitled to claim compensation for damages. In such situations, the Client is entitled to stop the provision of services, to restrict or appropriately adapt the services. In case the services are entirely cancelled, the Client shall have no payment obligation for that period. In case the services are restricted, an appropriately decreased fee shall be applied. If the performance of a settled service is impossible for reasons related to the Client’s activity, the latter shall not be exempt from the duty of making the corresponding payment.
  • The Service Provider shall be responsible for all damages occurred in the day-to-day activities and for which his personnel is liable. No liability shall be engaged for damages not claimed in 3 days by the Client in writing (except for the pigeon defence).
  • The Service Provider’s liability shall be decreased with those amounts covered by his public liability insurance. The Service Provider’s liability for material damages shall refer only to the actual value at the moment of the damage occurrence. Guerantee for following damages especially for unrealized profit, damages because of termination of activity as well as the claims for indemnification which have appeared as a result, is not available.
  • The keys rendered to the provider’s personnel can be replaced in case of loss, only through their actual value, in any case up to the maximum amount of 3650.00 Euro.
Withdrawal and cancellation

  • The long-term contracts shall be concluded for an unlimited period and can be cancelled in the last days of the month, with a 3 months cancellation notice sent via registered letter.
Other Comments

  • Contract amendments and supplements require be made in writing in order to be efficent.
  • The contracting parties undertake to refrain from attracting each other’s workforce or from allowing such a situation. Moreover, the Client undertakes to refrain from employing any of the Service Provider’s personnel involved in achieving the contract’s object for at least 8 months after their departure. In case this contract is breached, the party at fault shall pay a contractual penalty of 2200 Euro, that shall not be subject to the judicial right to reduction.
  • The parties specify the specialized courts of first Vienna's region and the application of the Austrian law as a place of jurisdiction regarding all disputes arising out of the present contract. The place for execution is city Vienna.

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© Simacek 2008
SIMACEK FMG GmbH, Taborstraße 81, A-1020 Wien, Tel.: +43 (0)1-211 66 0, E-Mail: simacek@simacek.at