Terms
General Terms and Conditions (AGB)
Philipp Aigner - Electronics & IT Systems
(valid for businesses [B2B] and consumers [B2C], version 2025)
1. Scope
These General Terms and Conditions apply to all contracts, services and deliveries by Philipp Aigner - Electronics & IT Systems ("Contractor") with customers.
Deviating or additional conditions of the customer become part of the contract only if expressly acknowledged in writing by the Contractor.
2. Scope of services
The Contractor provides services in the following areas:
- electronics and firmware development
- technical consulting and system development
- IT and network technology
- video surveillance systems
- KNX and Loxone programming
Delivery of hardware, software or IT components can also be part of the assignment.
The specific scope of services is defined in the respective offer, order or written agreement.
3. Contract conclusion / offers
Offers are valid for 14 days unless stated otherwise.
A contract is concluded by written acceptance (e.g., via email) or by the start of service delivery.
4. Prices and billing
All prices are net plus statutory VAT (currently 20%) unless stated otherwise.
Billing is generally based on time spent (hourly rate) according to the current tariff. Material, travel and additional costs are billed separately.
For long-running projects, monthly interim invoicing is based on actual effort.
Invoices are due within 14 days from the invoice date without deduction.
5. Late payment / default interest / costs
From the 15th day after due date, the customer is in default.
Businesses are in default without further reminder.
Consumers are in default once reminded after the due date.
Default interest applies as follows:
- Businesses (B2B): 9.2% above the base interest rate pursuant to Sec. 456 UGB
- Consumers (B2C): 4% per year pursuant to Sec. 1333 ABGB
The Contractor is entitled to charge reasonable reminder, collection and legal enforcement costs if they are necessary for appropriate legal action. For businesses, reminder fees of EUR 10 per reminder stage may be charged.
In case of default, the Contractor may suspend ongoing services until payment is received or provide further services only against advance payment.
6. Retention of title
Delivered goods remain the property of the Contractor until full payment.
7. Customer cooperation obligations
The customer must provide all information, documents, access and decisions necessary for service delivery in time.
Delays due to missing or late cooperation extend agreed deadlines accordingly and may cause additional costs.
8. Data backup and system access
Before work on IT or data processing systems begins, the customer must perform a full and current data backup.
No liability is assumed for data loss or system failures caused by missing or insufficient backups.
9. Liability and warranty
9.1 Businesses (B2B)
- Warranty period: 6 months from handover (Sec. 933 ABGB)
- Defects must be reported immediately after handover in writing (Sec. 377 UGB)
- Liability only for gross negligence or intent
- No liability for indirect damages, consequential damages, data loss or loss of profit
9.2 Consumers (B2C)
- Statutory warranty rules apply (Secs. 922 ff ABGB)
- Liability in case of gross negligence or intent
No liability is assumed for damages caused by third-party software, third-party products, improper use or external influences.
10. Copyright and usage rights
All circuits, firmware, software, source code, plans and documentation developed within the assignment remain intellectual property of the Contractor unless expressly agreed otherwise.
The customer receives a simple, non-transferable right of use for the agreed purpose. Passing on or modifying the work is permitted only with written consent from the Contractor.
11. Confidentiality
Both parties undertake to treat all information obtained during cooperation confidentially and not disclose it to third parties.
12. Withdrawal / cancellation
The Contractor is entitled to withdraw from the contract if:
- the customer does not meet cooperation obligations, or
- unforeseeable events (force majeure, illness, supply failures) make performance unreasonable.
In the event of cancellation by the customer, services already provided and incurred costs are billed.
For consumers, statutory withdrawal rights apply to distance contracts pursuant to Sec. 11 FAGG, unless an immediate start of service was expressly requested.
13. Customers in the EU
For customers based in other EU member states, Austrian law also applies.
For businesses (B2B) in the EU, billing is net without VAT under the reverse-charge procedure pursuant to Art. 196 VAT Directive.
For consumers (B2C) in the EU, Austrian VAT is charged.
14. Contract language
The contract language is German. Translations are provided for information only; the German version is legally binding.
15. Privacy
Personal data is processed in accordance with the current privacy policy of the Contractor.
16. Jurisdiction and applicable law
Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance and jurisdiction is Salzburg (Austria), unless mandatory consumer protection provisions provide otherwise.
17. Written form and severability clause
Changes or additions to these terms require written form.
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.
The General Terms and Conditions of
Philipp Aigner - Electronics & IT Systems