Quest Aeronautics General Terms and Conditions (GTC) - B2B and B2C
Preamble
These General Terms and Conditions (GTC) apply to all services provided by Quest Aeronautics, a sole proprietorship owned by Sebastian Neudorfer, including engineering services, piloting services, and the sale of aviation products and services. References to Quest Aeronautics, us, our, and other similar terms in this document shall be understood as referring to Sebastian Neudorfer as the sole proprietor. The GTC is based on the General Terms and Conditions of the Austrian Association of Consulting Engineers and has been adapted and extended to cover the additional services offered by Quest Aeronautics. The GTC is divided into sections applicable to both B2B and B2C customers and sections specific to either B2B or B2C customers, as indicated.
General terms and conditions for engineering services and piloting services - B2B (between companies) and B2C (business-to-consumer)
1.) Validity of the general terms and conditions and deviations
a) The following general terms and conditions shall apply for all current and future contracts between the client in its capacity as an operator and Quest Aeronautics.
b) Deviations from these conditions, and in particular the conditions of the client, shall apply only if Quest Aeronautics has expressly acknowledged and confirmed them in writing.
2.) Quotations, subsidiary agreements
a) Unless otherwise indicated, the quotations from Quest Aeronautics shall be non-binding with regard to all indicated details, including the fee.
b) If a contract confirmation from Quest Aeronautics contains modifications to the contract, these shall be considered approved by the client unless the client promptly indicates otherwise in writing.
c) Agreements must in principle be in writing.
3.) Awarding of contract
a) The nature and scope of the agreed service shall be based on the contract, power of attorney and these general terms and conditions.
b) Modifications and additions to the contract shall require written confirmation by Quest Aeronautics in order to become part of the contractual relationship.
c) Quest Aeronautics shall fulfil the contract awarded to it properly and in accordance with generally recognised good engineering practice and the principles of sound financial management.
d) Quest Aeronautics may enlist the services of other appropriately authorised parties to fulfil the contract and place orders with them on behalf of and for the account of the client. Quest Aeronautics is however obliged to inform the client of this intention in writing and grant the client the option of rejecting this order placement with third parties within 10 days.
e) Quest Aeronautics may enlist the services of other appropriately authorised parties as sub-planners and place orders with them on behalf of and for the account of Quest Aeronautics. Quest Aeronautics shall, however, undertake to inform the client in writing if it intends to have orders fulfilled by a sub- planner and grant the client the option of rejecting this order placed with the sub-planner within one week; in that case, Quest Aeronautics shall fulfil the order itself.
4.) Warranty and compensation for damage
a) Warranty claims may only be lodged after notification of deficiencies. These claims must be submitted exclusively by registered letter within 14 days of the provision of the service or part service.
b) Claims to cancellation of sale and price reductions shall be excluded. Claims for improvement and/or amendment of the deficiency must be met by Quest Aeronautics within a reasonable period; this period should in principle be one third of the agreed period for fulfilment of the service. A claim for damage caused by delay cannot be invoked within this period.
c) Quest Aeronautics shall provide its services with the care expected of a specialist (Austrian General Civil Code [AGBG], Section 1299).
d) If in breach of its contractual obligations Quest Aeronautics is guilty of causing damage to the client, its liability to make good the damage caused – unless otherwise arranged in individual cases – by slight negligence shall be limited as follows:
1) for cancellation of sale and personal injury, no limitation,
2) the following limitations shall apply in all other cases:
– in the case of a contract amount up to 250,000.00 euros: a maximum 12,500.00 euros;
– in the case of a contract amount above 250,000.00 euros: 5% of the contract amount but a maximum of 750,000.00 euros.
3) Liability for consequential damages and lost income shall also be excluded in the case of gross negligence unless otherwise arranged in individual cases.
5.) Withdrawal from contract
a) Withdrawal from the contract shall only be permitted for cause.
b) In the event of a delay in Quest Aeronautics supplying a service, it shall only be possible for the client to withdraw after a reasonable period of grace has been set; this period of grace must be set by means of a registered letter.
c) In the event of a delay in the client providing a partial service or an agreed collaboration activity which makes the fulfilment of the contract by Quest Aeronautics impossible or significantly impedes it, Quest Aeronautics shall be entitled to withdraw from the contract.
d) If Quest Aeronautics is entitled to withdraw from the contract, it shall retain the right to claim the entire agreed fee, including in the case of unjustified withdrawal by the client. ABGB, Section 1168, also applies; in the case of justified withdrawal on the part of the client, the client must remunerate Quest Aeronautics for the services provided.
6.) Fees, scope of services
a) Unless otherwise indicated, all fees shall be in euros.
b) The VAT (turnover tax) shall not be included in the fee amounts; this shall be paid separately by the client.
c) Compensation with counter-claims, for whatever reason, shall be inadmissible.
d) Unless otherwise agreed, the non-binding calculation recommendations from the Austrian Association of Consulting Engineers shall be part of the contract content.
e) Unless expressly agreed to the contrary, payment must be made without deductions within 30 days of invoice submission. This payment shall be made into the account specified by Quest Aeronautics at a bank with a branch within Austria. In the event of a delay in payment, interest in the amount of 9.2% per annum above the base interest rate of the ECB plus the cost of reminders shall be paid.
7.) Place of fulfilment
The place of fulfilment for all company services shall be the registered office of Quest Aeronautics.
8.) Confidentiality
a) Quest Aeronautics shall be obliged to maintain confidentiality regarding all information provided by the client.
b) Quest Aeronautics shall also be obliged to keep its planning activities confidential if and so long as the client has a justified interest in this confidentiality. Upon fulfilment of the contract, Quest Aeronautics shall be entitled to make public for advertising purposes, in whole or in part, the work specified in the contract, unless otherwise contractually agreed.
9.) Protection of plans
a) Quest Aeronautics shall retain all rights and uses regarding the documents created by it (especially plans, brochures and technical documents).
b) Any use (in particular processing, execution, reproduction, distribution, public display, provision) of the documents or parts thereof shall only be permitted with the express approval of Quest Aeronautics. All documents must therefore be used only for the purposes expressly determined when the order is placed or through a subsequent agreement.
c) Quest Aeronautics shall be entitled and the client obliged to indicate the name (company and trade name) of Quest Aeronautics in publications and announcements about the project.
d) In the event of the contravention of these provisions for protecting documents, Quest Aeronautics may claim a contractual penalty in the amount of twice the appropriate compensation for unauthorised usage, whereby the right to a claim an additional compensation for damages is retained. This contractual penalty shall not be liable to a judicial reduction of compensation. The client shall be responsible for furnishing proof that it has not used Quest Aeronautics’ documents.
10.) Governing law, place of jurisdiction
a) Austrian law shall apply exclusively for contracts between the client and Quest Aeronautics.
b) It is agreed that all disputes arising from this contract shall be the responsibility of the competent court at the location of the registered offices of Quest Aeronautics.
General Terms and Conditions for the Sale of Aviation Products and Services - B2B (between companies) and B2C (business-to-consumer)
11.) Offer, order confirmation and contract conclusion
a) Offers made by Quest Aeronautics are non-binding unless otherwise expressly agreed in writing.
b) Orders placed by the customer are binding. Quest Aeronautics shall confirm the order in writing, which constitutes the acceptance of the order and the conclusion of the contract.
c) Any deviations from the customer’s order in the order confirmation by Quest Aeronautics shall be considered approved by the customer unless the customer promptly indicates otherwise in writing.
12.) Prices and payment terms
a) All prices for aviation products and services are in euros, include VAT (value-added tax), and the VAT amount will be stated separately on the invoice. b) Unless otherwise agreed, payment for aviation products and services is due in full, without deductions, in advance before the shipment of products or the handing over of products to the customer. Payment shall be made into the account specified by Quest Aeronautics at a bank with a branch within Austria.
13.) Delivery and shipping
a) Delivery dates or periods specified by Quest Aeronautics are non-binding unless otherwise expressly agreed in writing.
b) Quest Aeronautics reserves the right to make partial deliveries if this is reasonable for the customer.
c) The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover or, in the case of shipment, upon delivery of the goods to the carrier, freight forwarder or other person designated to carry out the shipment.
14.) Warranty and liability for defects
a) For B2B customers, the warranty period for defects is 12 months from the delivery of the goods. For B2C customers, the warranty period is 24 months from the delivery of the goods.
b) The customer must examine the goods immediately upon receipt and notify Quest Aeronautics in writing of any defects within 14 days of receipt.
c) In case of a defect, Quest Aeronautics shall, at its discretion, either repair the defect or deliver a replacement. If the defect cannot be remedied within a reasonable time or if the repair or replacement delivery is deemed unsuccessful, the customer may demand a reduction in the purchase price or withdraw from the contract.
15.) Retention of title
a) The goods delivered by Quest Aeronautics remain the property of Quest Aeronautics until full payment of the purchase price has been received.
b) In case of the customer’s default in payment, Quest Aeronautics is entitled to withdraw from the contract and demand the return of the goods delivered under retention of title without granting a grace period. The assertion of the retention of title or the seizure of the goods delivered by Quest Aeronautics shall not be deemed a withdrawal from the contract, unless explicitly stated by Quest Aeronautics.
16.) Intellectual property rights
a) Quest Aeronautics retains all intellectual property rights related to the products and services provided, including but not limited to patents, copyrights, and trademarks.
b) The customer shall not use, reproduce, distribute, or modify any intellectual property owned by Quest Aeronautics without obtaining prior written consent from Quest Aeronautics.
17.) Force majeure
a) Quest Aeronautics shall not be liable for any failure or delay in performance due to force majeure events or other circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, or supply chain disruptions.
b) In the event of a force majeure, Quest Aeronautics shall notify the customer in writing and shall be entitled to extend the delivery period by the duration of the force majeure event or, if the force majeure event continues for more than three months, to withdraw from the contract in whole or in part without incurring any liability for damages.
18.) Data protection
Quest Aeronautics shall process personal data in accordance with the applicable data protection laws. For more information on how we collect, use, store, and share personal data, please refer to our Privacy Policy.
19.) Applicable law and jurisdiction
a) These GTC and all contracts concluded between Quest Aeronautics and the customer shall be governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
b) For B2B customers, it is agreed that all disputes arising from or in connection with this contract shall be the responsibility of the competent court at the location of the registered offices of Quest Aeronautics. For B2C customers, the legal jurisdiction shall apply.
20.) Severability
If any provision of these GTC is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic intent of the original provision.
21.) Right of Withdrawal
a) Right of withdrawal for consumers (B2C transactions)
In accordance with the Austrian Consumer Protection Act (KSchG) and the EU Consumer Rights Directive (2011/83/EU), consumers have the right to withdraw from a distance or off-premises contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the consumer, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods.
To exercise the right of withdrawal, the consumer must inform Quest Aeronautics of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email). The consumer may use the model withdrawal form provided below, but it is not obligatory.
Quest Aeronautics shall reimburse all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Quest Aeronautics), without undue delay and in any event not later than 14 days from the day on which Quest Aeronautics is informed about the consumer’s decision to withdraw from the contract. Quest Aeronautics will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. Quest Aeronautics may withhold reimbursement until it has received the goods back or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
The consumer shall send back the goods or hand them over to Quest Aeronautics without undue delay and in any event not later than 14 days from the day on which the consumer communicates their withdrawal from the contract to Quest Aeronautics. The deadline is met if the consumer sends back the goods before the period of 14 days has expired. The consumer will have to bear the direct cost of returning the goods. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
b) Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized, as well as to contracts for the supply of goods which are liable to deteriorate or expire rapidly.
c) Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract)
To:
Quest Aeronautics
Sebastian Neudorfer
Coulinstraße 30/13.01
4020 Linz
Austria
Email: office@quest-aeronautics.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date
(*) Delete as appropriate.