General business conditions of
Intersport Bründl GmbH
 

PREAMBLE
These “General Business Conditions” are an integral component of working contracts and offers on the subject of expert counsel of those ordering contracts through Intersport Bründl GmbH in the context of generally recognized professional principles.

(2) In case certain specific articles of the General Business Conditions are not in effect, the general effectiveness and validity of the remaining articles are not affected thereby.

(3) Intersport Bründl GmbH is authorized to carry out the task of giving counsel through expert staffers or freelance cooperation partners.

(4) The ordering party sees to it that all the necessary written materials for the fulfillment of the work order are submitted early enough to Intersport Bründl GmbH without their express request, and that Intersport Bründl GmbH is informed of all situations which are of importance to the carrying out of the work order. This also applies to written materials, procedures and conditions which only become known to the adviser in the course of the activity.

(5) The confidential relationship between the ordering party and Intersport Bründl Gmbh requires that Intersport Bründl Gmbh be comprehensively informed about all previously carried out or currently running advisory actions.

§ 1  Area of validity
These general business conditions are valid for confirmed contracts by the ordering party.
§ 2  Extent of advice
The extent of the advice rendered is agreed upon through an offer and the acceptance thereof.

§ 3  Assurance of independence
(1) The contractual partners agree mutually to take all measures which are considered suitable to prevent the independence of the cooperation partners and staffers of Intersport Bründl Gmbh from being endangered.

§ 4  Protection of intellectual property of Intersport Bründl Gmbh / Copyright / Use
(1) The ordering party is obligated to see to it that all quotes, reports, analyses, expertises, service descriptions, designs, calculations, drawings, data carriers and similar items made in the course of the counsel contract through Audit Services GmbH Business Controllers, their staff and cooperation partners are only used for contract-relevant purposes. In particular, the compensated and uncompensated revelation of professional remarks of any kind by Intersport Bründl Gmbh to third parties requires written permission. Liability of Intersport Bründl Gmbh towards third parties is not justified.

(2) The use of professional remarks by Intersport Bründl Gmbh for purposes of advertising by the ordering party is prohibited. A violation entitles Intersport Bründl Gmbh to cancel without notice all unfulfilled contracts.

(3) Intersport Bründl Gmbh retains the copyright for its services.

(4) With regard to the fact that the counsel services are the intellectual property of Intersport Bründl Gmbh, the right of use - even after payment - is valid exclusively for the purposes or the ordering party and only to the extent expressly described in the work order. Every other handing on of intellectual property which takes place in spite of this, even if in the course of a company’s dissolution or bankruptcy or for short-term reproduction purposes, will bring about legal action.

§ 5  Removal of shortcomings and guarantees
Legal regulations are applicable.

§ 6  Liability
(1) Intersport Bründl Gmbh and its staff conduct themselves in accord with generally recognized principles of the profession. For the newness, correctness, completeness or quality of the information provided by the ordering party and the expertises, analyses, reports, etc. based on such information, Intersport Bründl Gmbh assumes no liability.

§ 7  Obligation of confidentiality
(1) Intersport Bründl Gmbh and its staff agree to hold all business with which they are acquainted through their activity for the ordering partner in strict confidentiality.

(2) Intersport Bründl Gmbh is permitted to hand out reports, expertises and other written remarks on the results of its activity only with the express agreement of the ordering party.

(3) Intersport Bründl Gmbh is authorized to process personal data given it in the context of the purposeful use of the counsel assignment or to have them processed by a third party. Intersport Bründl Gmbh assures the confidentiality of data in accord with the regulations of the data protection laws.

§ 8  Compensation
(1) Intersport Bründl Gmbh, as compensation for delivering its advisory services, is entitled to suitable compensation by the ordering partner.

(2) If the carrying out of the work order is prevented by the ordering partner after the offer has been received and accepted, e.g. due to dismissal or cancellation, Intersport Bründl Gmbh is still entitled to the compensation agreed upon.

(3) If the work order is not carried out due to reasons which are considered substantial by Intersport Bründl Gmbh, in such a case Intersport Bründl Gmbh is entitled only to partial compensation, in corresponding measure. This is applicable in particular when the services rendered for the ordering partner are of value, in spite of cancellation.

(4) Intersport Bründl Gmbh is permitted to make the completion of its services dependent on the full compensation due to it. Complaints or objections to the services rendered by Intersport Bründl Gmbh do not entitle holding back compensation, except in the case of obvious and substantial shortcomings.

§ 9  Applicable law, place of delivery, legal venue
(1) For the work order, its fulfillment and the demands resulting from them, only Austrian laws are applicable unless something else has been expressly agreed upon.

(2) Place of delivery is the central branch of Intersport Bründl Gmbh.

(3) In case of dispute, the home courts of Intersport Bründl Gmbh are responsible.