GENERAL TERMS AND CONDITIONS OF SALE

**General Terms and Conditions of Sale (GTC) for Implema e.U. in the IT Service Industry**

**1. Scope**

These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between Implema e.U. (hereinafter referred to as "Contractor") and its customers (hereinafter referred to as "Client") for the provision of IT services. Deviating conditions of the Client will not be recognised unless the Contractor has expressly agreed to them in writing..

**2. Conclusion of Contract**

The contract is concluded by the written confirmation of the order by the contractor. Offers are non-binding and subject to change unless they are expressly marked as binding.

**3. Scope of Services**

The scope of the services to be provided is determined by the respective contract or offer. Changes or additions require the written consent of both parties.

**4. Prices and Payment Terms**

4.1. The prices for the services are based on the prices specified in the quotation or contract.

4.2. All prices are exclusive of the statutory value added tax.

4.3. Payments are due within 14 days of invoicing without deduction, unless otherwise agreed in the contract.

4.4. In the event of payment default, the contractor is entitled to demand default interest at a rate of 9.2% above the base interest rate.

**5. Obligations of Cooperation of the Client**

The client undertakes to provide all necessary information and documents in a timely manner that are required for the provision of the services. Delays arising from the failure to fulfil these cooperation obligations shall be borne by the client.

**6. Warranty**

6.1. The contractor guarantees that the services will be provided with due care and expertise.

6.2. Defects must be reported by the client in writing without delay. The contractor has the right to remedy the defects or to deliver replacements at their discretion.

6.3. The warranty period is 12 months from the acceptance of the service.

**7. Liability**

7.1. The contractor is only liable for damages that are based on intentional or grossly negligent behaviour.

7.2. Liability for slight negligence is excluded, unless it concerns the breach of essential contractual obligations.

7.3. Liability is limited to the typically foreseeable damage.

**8. Data Protection**

The contractor undertakes to comply with the provisions of data protection and to treat the personal data of the client confidentially.

**9. Final Provisions**

9.1. Amendments and additions to these General Terms and Conditions require written form.

9.2. The law of the Republic of Austria shall apply.

9.3. The jurisdiction for all disputes arising from this contractual relationship is the location of the contractor.

**10. Severability Clause**

If any provision of these General Terms and Conditions is 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 purpose of the original provision.