General Terms and Conditions

Firma RANDOS Relocation and Office Service GmbH

1. Scope, offer and conclusion of contract

1.1 All provisions of services and deliveries of goods by “RANDOS” shall be subject to the following General Terms and Conditions, which shall also be a part of any contract or business agreement with their contracting partners. Other supplementary or diverging conditions (including general terms and conditions) shall require the express written consent by “RANDOS” and the company’s official signature in order to become legally effective. By signing the General Terms and Conditions the contracting party acknowledges their validity also for future transactions. Also supplements to any agreement shall require the express written confirmation by “RANDOS” and the company’s official signature.

1.2 In written contracts the terms of the contract shall be reproduced in the written text of the contract.

1.3 All orders shall become legally effective with the written confirmation of order by “RANDOS”. Offers by “RANDOS” shall be binding within the set period of commitment.

2. Price

2.1 All prices shall be net prices without value added tax. These prices shall include only the services offered by “RANDOS”, and shall not include any costs or charges of any kind (see item 5.2) in connection with such services or charged by any third party.

2.2 Because of the tight and for the ordering party favourably priced calculation, “RANDOS” shall reserve the right to accept commissions from their suppliers, provided this does not lead to an exclusive binding to one supplier or a disadvantage for the expat.

2.3 “RANDOS” shall reserve the right to adjust the price if the consumer price index 2010 as published by the Austrian Statistics Office increases more than 5% between the time of making the offer and the time of rendering accounts.

3. Payment conditions

3.1 Fifty percent of the amount of the order shall be due for immediate payment at the time of acceptance of the order (see item 1.3). The remaining 50% shall be payable at the time of execution of the order (see item 3.3).

3.2 If different services are offered by “RANDOS”, “RANDOS” shall be entitled to charge payment of the fee due for such an individual performance already rendered.

3.3 Payments must be effected so as to be received by “RANDOS” within 14 days of the date of the invoice, without any deductions (net).

3.4 In case of any delay in payment 1% interest for default per month shall be deemed to be agreed. All open claims vis-à-vis the contracting partner shall become immediately due for payment, if the payment conditions are not complied with without a justifiable reason or if a major decline in the financial conditions of the contracting partner becomes known to us after the conclusion of the contract. Incoming payments shall always be appropriated to the oldest claim.

3.5 Cheques and bills shall only be accepted in lieu of payment subject to a written agreement. The contracting partner shall be obliged to pay “RANDOS” all bill charges and discount charges. If the payment difficulties of the contracting partner are becoming known subsequently, “RANDOS” may change the payment conditions in their own discretion or withdraw from the contract or from parts of the contract. The contracting partner shall not derive any claims for which legal reason ever from such action.

3.6 Any assignment of claims vis-à-vis the contracting partner shall neither be ruled out nor be made subject to the agreement by the latter.

3.7 Notwithstanding item 3.1, “RANDOS” shall be entitled, in case of obtaining orders of work in connection with the departure of the ordering party from Austria, to charge the remaining amount due upon execution of the order (according to item 3.1) already before the ordering party’s departure and to continue with such work only after payment has been
effected.

4. Changes, frustration and cancellation of orders

4.1 In case the contracting partner withdraws from the order after placing an order with them (for whatsoever reason) or changes any orders already obtained (thereby reducing its scope), the contracting partner undertakes to compensate “RANDOS” for any expenses incurred so far with an hourly rate of Euro 110,00 plus value added tax and for work expenditure having arisen.

4.2 If the ordering party does not hand over the information or documents necessary for the execution of the order despite having been requested to do so and having been granted an additional period of time, thereby causing the frustration of the execution of the ordered performance (even if without being at fault), “RANDOS” shall be entitled to settle accounts finally for the ordered performance according to the offer (independent of the scope of work having been performed so far) and shall be discharged from rendering any further performance.

4.3 Should the ordering party search for itself objects and make contacts with agents during the execution of the order, without informing “RANDOS”, “RANDOS” shall be entitled to withdraw immediately from the order and to settle accounts for the expenses incurred so far at an hourly rate of Euro 110,00 plus value added tax plus the cash expenses arisen so far (e.g. commission payments to agents resulting from the order).

4.4 All additional services which are not included in the service package and ordered by the ordering company or the expat himself, will be charged separately with an hourly rate of Euro 110,00 plus value added tax.

5. Liability

5.1 “RANDOS” shall not assume any liability for any qualities of the apartments or schools etc., procured. Furthermore, “RANDOS” shall not be liable for failures to comply with the periods set for renewals of working or staying permits, if there was no express order to such an effect.

5.2 Furthermore, “RANDOS” shall not assume any liability for any legal charges or dues incurred in the course of the procurement (stamp duties, requests for payment, agents’ commissions as well as other fees for translations, notaries or lawyers, any examinations, transcription or other fees). These must be charged by the respective institutions ordered on behalf of the contracting partner, directly to the contracting partner. Furthermore, “RANDOS” shall not be liable for the repayment of any deposits paid.

5.3 Any liability claims vis-à-vis third parties commissioned (e.g. forwarding agents, estate agents) must be asserted by the ordering party vis-à-vis such third parties directly. “RANDOS” shall not be liable for such claims, their timely assertion or performance.

6. Performance

6.1 The individual services offered shall be deemed to have been performed under the
following conditions:

  • Search for an apartment: Signing of a lease or sales contract
  • Coordination of renovation work: Surrender to the contracting party of the apartment ready to move in
  • Re-registration, new registration and cancellation: Connecting the registered source (e.g. electricity, telephone, gas, cable, TV etc), certification of the registration or cancellation of registration
  • Supervising the removal firm: Taking over the removal goods at the place of destination or handing them over to the removal
    firm at collection
  • Administrative procedures: Handing over of the respective approval/confirmation or grant
  • Orientation: Handing over of the requested and selected
    materials.
  • Removal and departure: Returning the apartment to the landlord/house management

7. Privacy Policy

8. General

8.1 Any subsidiary agreements or contract changes must be in writing.

8.2 The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. In this case, the contracting parties shall replace the invalid provision by a new provision which, by the mutual consent of the contracting parties, shall be as close as possible to the invalid provision, in terms of its economic result.

8.3 This contract shall be governed by Austrian substantive and adjective law. The place of performance shall be Vienna. The venue shall be the court having jurisdiction over the 1st district of Vienna.