§ 1 Subject of the Contract

1. The subject of the contract is the task of preparing findings and expert reports as set out in the order/order confirmation.
2. The sole purpose of commissioning the expert is the use specified in the order. The client is obliged to provide the expert with precise information about the intended purpose and to notify the expert immediately of any changes. Terms and conditions of the client that deviate from these General Terms and Conditions shall only apply if they are expressly approved and signed by the expert.

§ 2 Rights and Obligations

1. The order to prepare an expert report shall be carried out by the expert impartially and to the best of his knowledge and belief, in accordance with applicable principles.
2. The expert is not bound by the client’s instructions if these would result in the report being factually incorrect.
3. The expert may, without special consent from the client, arrange for the following measures necessary for carrying out the assignment: inspections, required examinations, laboratory tests, photographs, sketches, travel up to a distance of 150 km. These are to be paid for by the client without prior agreement with the expert. This applies up to an amount of €500 per case.
4. The client authorizes the expert to obtain the necessary information for preparing the report from parties involved, authorities, or independent third parties. Upon request by the expert, individual authorizations are to be issued.

§ 3 Client’s Duty to Cooperate

The client is obliged to provide the expert in due time and free of charge with all documents necessary and requested. The client shall support the expert in his work and grant him access to the object of assessment. The client must immediately inform the expert of any changes that are relevant to the report. 

§ 4 Assistants

The expert endeavors to prepare the report personally. However, if necessary for carrying out the assignment, the expert may, at his discretion, engage assistants. This may concern the recording of findings or further expert reports. Costs incurred for assistants or laboratory tests are to be borne by the client without prior agreement with the expert. This applies up to an amount of €500 per case. Should higher costs arise, these must be agreed with the client. 

§ 5 Transfer of Tasks

Additional experts may generally only be involved after consultation with the client, and costs shall be borne by the client. The expert is not liable for reports or results of other experts or specialist assessors. 

§ 6 Deadlines

The expert shall prepare the report within a reasonable time frame. Deadlines are only binding if they have been confirmed in writing to the client.

§ 7 Confidentiality

1. In the course of his expert activity, the expert is obliged not to disclose entrusted personal and business secrets to third parties. He is also required to maintain confidentiality about non-public facts.
2. The expert is permitted to disclose entrusted secrets if this is required by law or if the client has expressly released him from confidentiality.

§ 8 Copyright

1. The client may only use the report commissioned for the purpose defined in the order. Copies and publications of a report are only permitted if the expert has expressly given his written consent.
2. The expert retains copyright to the report he has prepared.

§ 9 Duty to Provide Information

The client has the right to request information from the expert as to whether the report can be completed on time, whether additional funds are required beyond the initially agreed expenses, and about the current status of the report preparation.

§ 10 Remuneration of the Expert

1. The basis for the expert’s remuneration is the relevant provisions of the SDG, the corresponding provisions in these General Terms and Conditions, as well as the agreements made regarding the preparation of the report.
2. The expert may request advance payments for the services and expenses he requires. The amount of the advance payment is stated in the respective expert contract. The expert is entitled to commence work only after receipt of the advance payment.
3. The expert is entitled to charge the client for expenses incurred that are necessary for preparing the report.
4. The full fee becomes due upon delivery of the report to the client or a person designated by the client. Any advance payments already made shall be deducted.
5. The expert’s fee invoice may either be fixed according to the object value or be based on the expert’s current hourly and billing rates, depending on the time spent. In individual cases, the expert may exceed these fees by up to 30% if only partial services are required, if extensive literature research is necessary, or if special efforts are required (e.g. work on public holidays, urgency, hazardous sites).
6. The expert’s services and expenses invoiced are subject to the statutory value-added tax applicable at the time.

§ 11 Payments

The invoice amount is due on the invoice date or upon delivery of the report. The invoice must generally be paid within 14 days without deduction. In the event of late payment, the client shall be liable for any damage incurred by the expert as a result of the delay. Furthermore, the expert is entitled to demand default interest, which may be set at 5% above the respective discount rate. (for consumers under §1000 para. 1 ABGB and for companies/legal entities under § 456 UBG.)

§ 12 Liability

1. The expert is not liable for slight negligence, regardless of whether it is based on contractual, non-contractual, or statutory grounds.
2. Claims for damages against the expert are limited to the coverage amounts specified in the expert’s professional liability insurance for property and financial losses.

§ 13 Termination

1. Termination of the expert assignment is only possible for good cause. Termination must be made in writing.
2. Good cause for termination exists if the expert grossly violates the obligations incumbent upon him under the regulations governing experts.
3. Good cause for termination also exists if the client fails to fulfill his duty to cooperate, refuses consent to inspection, or does not grant the expert access. It also constitutes good cause if the client obstructs the expert’s work or fails to change improper behavior despite a warning from the expert.
4. If termination occurs for reasons not attributable to the expert, the expert may, depending on the status of the report, demand 50–80% of the originally agreed remuneration from the client.
5. If the reasons for termination are attributable to the expert, he is entitled to remuneration based on the progress of the report.

§ 14 Place of Jurisdiction and Performance

The place of jurisdiction and performance is the residence/office address of the expert.

§ 15 Final Provisions

1. If any provision of this contract is invalid under statutory regulations, the validity of the remaining provisions shall not be affected. Invalid provisions may be replaced by such provisions that come closest to the intended purpose and are legally permissible. The contracting parties undertake to accept such substitute provisions.
2. Amendments or side agreements to this contract must be made in writing and confirmed in writing by both parties.