Terms and Conditions

1. Scope of application

Any and all offers and contracts of Austrian Standards plus GmbH shall be submitted or concluded on the sole basis of these Terms and Conditions; any conditions of the contracting partner (client) contrary to or deviating from the Terms and Conditions shall not be recognized. Due to the large numbers of orders handled by Austrian Standards plus GmbH on a daily basis, it is generally not possible to work out individual or different terms and conditions.

2. Conclusion and termination of contract

While an offer (e.g., client order) shall generally require written confirmation, Austrian Standards plus GmbH dispatching the goods or performing the service ordered by the client shall also result in conclusion of a contract. As a rule, client orders cannot be revoked; in particular, products delivered in conformity with contractual obligations shall be neither taken back nor exchanged. Austrian Standards plus GmbH is entitled to use the services of third parties in fulfilling a contract and shall also have the right to assign its contractual obligations to third parties with debt-discharging effect.

3. Copyright

Any and all works, in particular standards, publications, software and databases are protected by copyright. Reproductions (including also, for example, forwarding by email) and adaptations (e.g., translations) of any kind shall generally be prohibited and shall thus be permissible only based upon explicit written consent on the part of Austrian Standards plus GmbH. Copyright infringements shall be pursued in court and publicized, and partner organizations shall be notified in such event. Also the website of Austrian Standards plus GmbH, its form and content are protected by copyright.

Please direct any inquiries regarding adaptation and reproduction in writing to:
Austrian Standards plus GmbH, A-1020 Vienna, Heinestrasse 38,
email: publishing(at)as-plus.at

4. Liability

Any claims of a contracting partner of Austrian Standards plus GmbH for damages or other compensation, in particular due to delay in delivery or defective or incomplete performance, shall be precluded unless caused by intention or gross negligence on the part of Austrian Standards plus GmbH. Moreover, the amount of claims for damages shall be limited to the invoice amount of the good or service supplied or owed.

5. Retention of title

Goods supplied by Austrian Standards plus GmbH shall remain the property of Austrian Standards plus GmbH until payment (including ancillary fees, if any) has been effected in full or an existing balance on open account has been settled.

6. Prices

Any and all prices stated by Austrian Standards plus GmbH shall be exclusive of VAT, shipping charges (handling, packaging and postage), handling fees (expenses charged by third parties, courier service fees, etc.). No cash discounts or other reductions shall be granted. If no UID number (VAT ID number) is stated, VAT will be shown on invoices also within the EU.

7. Risk and transportation

For shipments, the risk shall pass to the buyer upon transfer of goods to the carrier. Any claims concerning damage occurring during transportation shall be directed to the carrier.

If the place of performance or delivery is located in a foreign country, it shall be the client's obligation to effect customs and tax payments at their own expense.

8. Terms of delivery and payment

Unless stated differently in the order, all standards shall be supplied complete with all parts. The Austrian Standards plus GmbH shall be entitled to perform services only against prepayment or against COD. In case of COD shipments, invoice amounts shall be payable to the carrier upon handing over of goods; otherwise, the due date stated on the invoice shall apply.

9. Data processing and privacy

In the course of its operations, Austrian Standards plus GmbH will use data processing equipment and store client data to the extent this is necessary to perform its contractual obligations and permissible under the Privacy Act. By placing an order, clients give their express consent that the data transmitted to Austrian Standards plus GmbH will be stored and processed by computer for the purpose of advertising, consulting and market research. This data shall not be passed on to third parties.
Cookies are nessecary for the full use of the online services of Austrian Standards plus GmbH (see Privacy Policy in German). The customer/user agrees with the usage of cookies and is responsible to change the settings for cookies (or deactivate cookies) in his browser.
For Internet orders, Austrian Standards plus GmbH shall take care that an encryption process suitable for securing data traffic is used. In particular, Austrian Standards plus GmbH shall ensure that customer data shall not be accessible by third parties, above all that it shall be impossible for third parties to learn a cardholder's name and credit card data at the same time.
Customer can revoke their consent by email to office(at)as-plus.at at any time.

10. Choice of law, jurisdiction

Only Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods as well as national and international conflict rules shall apply.

Any and all disputes between Austrian Standards plus GmbH and clients shall be decided exclusively by the court with subject matter jurisdiction at the place of residence of Austrian Standards plus GmbH, or, if so chosen by Austrian Standards plus GmbH, by the corresponding court with jurisdiction over a territory in which the client has its headquarters, operations, or assets. Place of performance shall be Vienna.

11. General stipulations

In case individual provisions of these Terms and Conditions prove or become invalid, this shall not affect the other provisions of the Terms and Conditions. In such case, the invalid provisions shall be replaced by such provisions which are valid and most closely fulfill the economic purpose of the invalid provision.

GENERAL TERMS AND CONDITIONS FOR IEC DOCUMENTS

(These general terms and conditions only apply to purchases of IEC documents.)

THE IEC PUBLICATIONS AND RELATED INFORMATION ARE COPYRIGHTED. BY LOADING THESE DATA TO YOUR COMPUTER, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS SUCH MATERIALS.

1. License

1.1. Subject to the provisions contained herein and to the payment of all applicable fees, the International Electrotechnical Commission (comprising the IEC Central Office and/or IEC National Committees (hereinafter referred to as “IEC”)) grants you a non-exclusive, non-transferable license to the materials contained herewith (the “Product”). Your licensed rights to the Product are limited to the following:

1.1.1. This License Agreement does not convey to you an interest in or to the Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. You are permitted to make one paper copy for personal use. No other use, copy or excerpts from the content are permitted.

1.1.2. (a) Applicable to a single user license agreement:
You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.2. (b) Applicable to a multi-user license (together with a separate agreement on the number of users):
You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Concurrent use on several computers and use in a local area network or other network is only permitted under the terms of a separate agreement on the number of users. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.3. You acknowledge and agree that the Product is the property of IEC as the copyright owner identified on the front page of the Product, and is protected under Swiss copyright law and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the Product, including all intellectual property rights, are and shall remain with IEC.

1.1.4. You shall provide IEC or any designee of the IEC with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to co-operate with IEC and any of its designees to assure compliance.

2. Limited warranty

2.1. IEC warrants for your benefit alone that, unless disclosed in the Product to the contrary, IEC can license the Product and all copyright and trademarks related thereto or therein, free and clear of any and all liens, claims and encumbrances.

2.2. The express warranties set forth in this Section 2 constitute the only warranties with respect to the Product and IEC makes no other representation or warranty or condition of any kind, whether express or implied (either in fact or by operation of law) with respect to any product, including, without limitation, with respect to the sufficiency, accuracy or utilisation of, or any information or opinion contained or reflected in, any of the Product. IEC expressly disclaims all warranties or conditions of merchantability or fitness for a particular purpose. No officer, director, employee, member, agent, representative or publisher of IEC is authorised to make any modification, extension, or addition to this limited warranty.

3. Indemnification

3.1. Neither IEC nor any agent, representative, publisher or distributor of the Product, or any of their respective directors, officers, employees, agents, representatives shall have any liability for, and you shall defend, indemnify and hold the IEC harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys’ fees) based upon or arising out of any injury or damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the Product by you and/or any of your directors, officers, employees, representatives, agents or contractors.

4. Limitation of liability

4.1. You acknowledge that IEC’s obligations and liabilities with respect to the Product are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the Product (whether or not such use was consistent with the license granted hereunder) or any use created therefrom. Whether or not IEC has been advised of such possible use, neither IEC nor any of its representatives or agents, directors, officers, employees, agents, representatives shall be liable, whether under contract, tort (including negligence), or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors of any third party.

4.2. If at any time an allegation of infringement of any rights of any third party is made, or in IEC’s opinion is likely to be made, with respect to any of the Product, IEC may, at its option and at its own expense (i) obtain for you the right to continue using the Product, (ii) modify or replace the Product or any portion thereof so as to avoid any such claim of infringements, (iii) refund to you the License Fee. IEC shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Product supplied or offered to be supplied pursuant to this Section 4.2 or to otherwise cease using the Product. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4.2 hereof, IEC’s liability to you for damages pursuant to this Section 4.2, if any, shall not exceed the amounts of the License Fee paid by you for the Product subject to any such claim.

4.3. Section 4.2 states the entire liability of IEC with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Product.

5. Termination

This Agreement may be terminated immediately by IEC upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product and shall within ten (10) days either return file(s), if any, to IEC or certify in writing to IEC that the Product has been deleted from your computer and is eliminated from your premises and that the paper copy has been destroyed and no photo or other copies have been retained.

6. Governing law

This Agreement shall be governed by the Laws of Switzerland and the courts of Geneva, Switzerland, shall be the forum for the settlement of disputes. Notwithstanding the foregoing, IEC expressly reserves the right to take legal action against you or otherwise to enforce its rights according to Swiss or local laws in your country of domicile or in any jurisdiction where a breach of this Agreement or an infringement of its rights may occur or may have had effect.

7. Miscellaneous

7.1.This Agreement constitutes the complete and exclusive agreement between IEC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorised representative of IEC and you.

7.2. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.

8. Export

You may not load or export or re-export any of the Product or any underlying information or technology except in full compliance with all Swiss and other applicable laws and regulations.

General terms for IEC documents download (PDF, XXX )

TERMS OF USE AND EXPLOITATION RIGHTS FOR THE DRAFT PORTAL OF AUSTRIAN STANDARSD INSTITUTE (ASI)

With the Draft Portal of Austrian Standards Institute you have the opportunity to participate actively in the preparation of Austrian Standards (ÖNORMs).

1. Terms of use

The user commits himself/herself to use all information available from the ASI Draft Portal exclusively for the purpose of examination and comment of draft standards.
The user is aware that the draft standards are protected by copyright and declares not to reproduce, to distribute, to make publicly available or to use and exploit these data in any other illicit way.
The registered access may not be transferred to other persons. The user affirms that he/she will not transmit or make available his/her personal access codes to third parties.
The Austrian Standards Institute is not liable for possible damages deriving from publication or use of a draft standard.
The Austrian Standards Institute reserves the right to modify or to amend any time the present terms of use.

2. Exploitation rights

On the basis of the Berne Convention for the Protection of Literary and Artistic Works, the user transfers the exploitation rights for the immaterial contributions resulting from the comments exclusively to the Austrian Standards Institute.
This transfer is free of charge and includes the following types of exoploitation, basically without obligation to mention the name of the user (the person having submitted the comments)
The exploitation rights transferred comprise:
- the right of reproduction, revision, distribution, adaptation, translation, renting, loan,
- the deduction of revenues from reproduction and loan,
- the public advertisement, totally or in part,
- the transfer of all user licences and the authorization for sub-distribution.
The exploitation rights cover all languages and all kinds of exploitation presently known, particularly – but not exclusively – publication of any kind and on any media.
However, the transfer of exploitation rights does not restrain the user from exploiting his/her contribution for his/her own purposes, as far as the items listed above are not prejudicially affected.