for business transactions (B2B) of Bertram ZT GmbH
(Version: 2026)
Contractor: Bertram ZT GmbH, Apollogasse 9/1, 1070 Vienna
1. Scope and exclusivity
1.1 Exclusivity
These terms apply to all legal transactions and services, including future ones, between Bertram ZT GmbH and the client (AG).
1.2 Entrepreneur status
The offers are directed exclusively at entrepreneurs within the meaning of Section 1 KSchG. By entering into a contract, the client confirms that it is acting in the course of its commercial or self-employed professional activity.
1.3 Defence clause
Any conflicting, supplementary or deviating terms of the client are expressly rejected and do not become part of the contract, even without a separate objection by Bertram ZT GmbH. Acts of performance by Bertram ZT GmbH do not constitute acceptance of third-party terms.
2. Formation of contract and written form
2.1 Non-binding offers
All offers made by Bertram ZT GmbH are non-binding unless they are expressly designated as binding.
2.2 Conclusion of contract
A contract is concluded only through written order confirmation by Bertram ZT GmbH or through the actual commencement of services.
2.3 Written form requirement
Amendments, supplements and side agreements to these terms or the individual contract must be made in writing to be legally effective. This also applies to any waiver of the written form requirement.
3. Fees, hourly rates and indexation
3.1 Billing mode
Unless a lump-sum fee has been expressly agreed in writing, billing is based on the actual time spent.
3.2 Agreed hourly rates (net)
Unless otherwise agreed, the following rates apply:
- Civil engineer: 250.00 EUR / hour
- Project manager / senior architect: 190.00 EUR / hour
- Other staff: 150.00 EUR / hour
Started quarter-hours are billed as full quarter-hours.
3.3 Additional services
Services not included in the original offer, or made necessary by changes to the planning basis, official requirements or client requests, are charged separately at the rates stated above.
3.4 Indexation
The agreed fee rates are index-linked. The reference index is the Austrian Consumer Price Index 2020 published by Statistics Austria, or any index replacing it. Bertram ZT GmbH is also entitled to pass on collective agreement adjustments directly.
4. Payment terms, default and prohibition of set-off
4.1 Due date
Invoices are due immediately upon receipt without deduction. The payment period is a maximum of 14 days.
4.2 Advance payments
Bertram ZT GmbH is entitled to issue partial invoices in line with the progress of services and to request reasonable advance payments at any time.
4.3 Qualified default
In the event of late payment, default interest of 9% p.a. is deemed agreed. Bertram ZT GmbH reserves the right to claim any further default damages and statutory interest under Section 456 UGB. The client bears all costs of appropriate legal enforcement, including reminder, collection and legal fees.
4.4 Prohibition of set-off and retention
The client is not entitled to withhold payments due to incomplete overall performance, warranty claims or objections. Set-off against counterclaims is excluded unless the counterclaim has been expressly acknowledged in writing by Bertram ZT GmbH or established by a final court decision.
5. Retention of title, copyright and usage rights
5.1 Reservation of rights
All planning documents, concepts, drafts and drawings remain the intellectual property of Bertram ZT GmbH. Ownership of delivered documents passes only after full payment of the fee.
5.2 Licence to use the work
Subject to full payment, the client receives only the right to use the works for the contractually specified purpose and at the contractually specified location. Any transfer to third parties for use, for example in follow-up projects, is not permitted without consent and separate remuneration.
5.3 Right to documentation and self-promotion
Bertram ZT GmbH is irrevocably entitled to document the building and the planning services by photographic, filmic or other means.
5.4 Use for marketing purposes
Bertram ZT GmbH may use this documentation, including plans and visualisations, free of charge and without limitation as to time, place or content for its own marketing purposes, such as on its website, social media, publications, competitions and reference lists. In this respect, the client waives any data protection or confidentiality claims insofar as they concern the presentation of the work.
6. Duties to cooperate and deadlines
6.1 Client cooperation duty
The client must provide Bertram ZT GmbH with all documents and information required for the performance of services in good time and in full. Delays caused by insufficient cooperation are at the client's expense and extend agreed deadlines accordingly.
6.2 Deadlines
Delivery dates and completion deadlines are binding only if expressly agreed in writing as fixed dates.
7. Warranty
7.1 Warranty period
The warranty period is 12 months from handover of the service.
7.2 Duty to inspect and notify defects
Defects must be reported by the client without undue delay, but no later than within 7 days after delivery of the service, or within 7 days of detection in the case of hidden defects, in writing and with a precise description. If the client fails to notify defects in time, the service is deemed approved as free of defects under Section 377 UGB, and warranty, damages and rescission claims for error are excluded.
7.3 Priority of cure
A claim for rescission or price reduction exists only if Bertram ZT GmbH fails to remedy the defect or provide replacement within a reasonable period.
8. Liability and damages
8.1 Limitation of liability
Bertram ZT GmbH is liable only for intent and extreme gross negligence. Liability for slight negligence and ordinary gross negligence is excluded.
8.2 Extent of liability
Liability is limited in amount to the coverage sum of Bertram ZT GmbH's existing professional liability insurance.
8.3 Exclusion of consequential damages
Compensation for consequential damages, pure financial losses, loss of profit, loss of interest and damages arising from third-party claims against the client is excluded.
8.4 Burden of proof
The burden of proof for fault on the part of Bertram ZT GmbH lies with the client.
8.5 Limitation period
Claims for damages become time-barred within six months from knowledge of the damage and the injuring party.
9. Data protection
Bertram ZT GmbH processes the client's personal data for the performance of the contract under Article 6(1)(b) GDPR. Data is transferred to third parties, such as authorities or specialist planners, only where strictly necessary for project execution.
10. Place of performance, jurisdiction and governing law
10.1 Place of performance: The place of performance for delivery and payment is 1070 Vienna.
10.2 Jurisdiction: Exclusive jurisdiction for all disputes arising from this contract is agreed to lie with the court with subject-matter jurisdiction for 1070 Vienna.
10.3 Governing law: Austrian substantive law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
11. Severability
If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected. The invalid provision is deemed replaced by a legally permissible provision that comes closest to the economic purpose of the invalid one.