Terms and Conditions
of Austrian Standards plus (AS+) and of the ASI Draft Portal.
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.
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:
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.
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.
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.)
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:
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.
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.
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.
7.1.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.
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 )
With the Draft Portal of Austrian Standards Institute you have the opportunity to participate actively in the preparation of Austrian Standards (ÖNORMs).
2. Exploitation rights
|Austrian Standards plus GmbH, Heinestraße 38, 1020 Vienna,
Tel: +43 1 213 00, Fax: +43 1 213 00-355, E-Mail: certification(at)as-plus.at