These General Terms and Conditions ("GTC") govern all contracts between Innovio FlexKapG (FN 671310 x, Siebensterngasse 31 / Top 7, 1070 Vienna, Austria) and its clients ("Client") for the provision of inspection, quality control, expediting, and related services.
1. Scope of Application
1.1 These GTC apply exclusively to all offers, contracts, and services provided by Innovio FlexKapG. Conflicting or deviating terms of the Client are not recognised unless we expressly agree to them in writing.
1.2 These GTC apply only to entrepreneurs within the meaning of §1 of the Austrian Commercial Code (UGB) and to legal entities under public law.
2. Conclusion of Contract
2.1 Our offers are non-binding unless expressly designated as binding.
2.2 A contract is concluded upon our written confirmation of the Client's order or upon commencement of the services.
2.3 Verbal agreements, ancillary agreements, and amendments to the contract require written form to be effective.
3. Scope of Services
3.1 The scope of services is defined exclusively by the written order confirmation.
3.2 We perform our services to the best of our knowledge and in line with applicable national and international standards relevant to the assignment, as well as recognised engineering practice.
3.3 Inspection results, reports, and certificates relate solely to the items, samples, or facilities actually inspected at the time of inspection.
3.4 We reserve the right to engage qualified subcontractors. Our liability remains as set out in these GTC.
4. Client Obligations
4.1 The Client shall provide all information, documents, samples, and access required to perform the services in due time and free of charge.
4.2 The Client shall ensure safe working conditions at inspection sites and comply with all applicable occupational safety regulations.
4.3 Delays caused by the Client or by circumstances within the Client's sphere of risk entitle us to invoice additional time and expenses.
5. Prices & Payment
5.1 Prices are quoted in Euros (EUR), exclusive of statutory value-added tax, travel expenses, and out-of-pocket costs unless otherwise stated.
5.2 Invoices are payable within 14 days of the invoice date without deduction.
5.3 In the event of late payment, we are entitled to charge default interest of 9.2 percentage points above the base rate pursuant to §456 UGB, as well as a flat-rate compensation of EUR 40 for collection costs.
5.4 The Client may only set off claims that are undisputed or have been finally determined by a court.
6. Reports & Confidentiality
6.1 Inspection reports are prepared exclusively for the Client and may not be disclosed to third parties or published — in whole or in part — without our prior written consent.
6.2 We treat all Client information as strictly confidential and apply the same confidentiality standards to our employees and subcontractors.
6.3 We retain the right to use anonymised data for internal benchmarking, statistical purposes, and quality improvement.
7. Warranty & Liability
7.1 Our services are subject to the statutory warranty provisions of the Austrian Civil Code (ABGB) with the following modifications.
7.2 Obvious defects in our reports shall be notified in writing within 14 days of receipt; hidden defects within 14 days of discovery. Failure to notify in due time excludes warranty claims.
7.3 We are liable only for damages caused by gross negligence or wilful intent. Liability for slight negligence is excluded to the extent permitted by law.
7.4 Liability for indirect damages, consequential damages, loss of profit, recall costs, and pure financial loss is excluded.
7.5 Our total liability per contract is limited to the value of the order, with a maximum of EUR 100,000 per case of damage.
7.6 Claims for damages become time-barred three years from the time the Client becomes aware of the damage and the damaging party.
8. Force Majeure
Events of force majeure — including but not limited to natural disasters, war, acts of terrorism, epidemics, strikes, official orders, and disruptions of energy or telecommunications networks — release us from our performance obligations for the duration and to the extent of their effect. Both parties shall inform each other without delay.
9. Intellectual Property
All copyrights, methodologies, tools, and know-how developed or applied by us in the course of performing the services remain our exclusive property. The Client receives a non-exclusive, non-transferable right to use the inspection reports for the agreed purpose.
10. Final Provisions
10.1 These GTC and all contracts concluded on the basis of them are governed by Austrian substantive law to the exclusion of conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the competent court for 1010 Vienna, Austria.
10.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the original provision.
Effective from 1 January 2026.