General Terms of Sales
1.1 With regard to all business between the CONTRACTUAL PARTNER and the KLINGER Fluid Control GmbH, Companies’ Register No. 161557i, with its seat at the business address Am Kanal 8-10, 2352 Gumpoldskirchen (hereinafter referred to as “KLINGER”), only these terms and conditions shall apply. Terms and conditions of the CONTRACTUAL PARTNER shall not be applicable, even if KLINGER has not explicitly objected to them. Deviating terms and conditions shall have no validity, unless KLINGER has approved them in writing prior to accepting the corresponding order.
1.2. The terms and conditions can be revised by KLINGER at any given time and apply in their current state at the time of order on the side of the CONTRACTUAL PARTNER. In the event of translations into other languages, the German version shall be deemed the one relevant for the contractual interpretation.
1.3. By submitting an order the CONTRACTUAL PARTNER declares his consent with regard to these terms and conditions.
2. Quotations & contract conclusion
2.1. All quotations submitted by KLINGER are non-binding until their acceptance. Product details and references to this and other sources are exclusively descriptive and do not represent any kind of confirmation. Should the submission of a quotation on the side of KLINGER be followed up by an order on behalf of the CONTRACTUAL PARTNER then the compilation of the offer shall be free of charge. Should it not result in an order, then the CONTRACTUAL PARTNER, in the event of a repair cost quotation, will be charged a lump cost refund sum based on the nominal diameter of the valve for the offer compilation. This cost refund shall be settled within 8 days following receipt of the invoice.
2.2. Offers and quotations are non-binding. Verbal offers and offers submitted by telephone require immediate confirmation in writing on the side of KLINGER in order to become effective A contractual relationship only comes into effect in the event that KLINGER confirms the offer in writing to the CONTRACTUAL PARTNER either by means of company signature or (!) per e-mail in writing. Prior to this, KLINGER is not bound to offers, the prices listed therein are non-binding. Additional agreements must be explicitly submitted in writing. The utilization of the terms “written form”, “in writing” or “company signature” always refer to by means of signature.
2.3. The contractual subject is always the last valid offer of KLINGER. In case of deviations between the written order of the CONTRACTUAL PARTNER and the offer of KLINGER, the latter shall be applicable.
2.4. KLINGER – to the extent required and reasonable –may individually alter the agreement at any given time following 14 days advance notice, to the extent that this is required due to a change in legislation or the rendering of services is otherwise made impossible without said change. In case of such a change the CONTRACTUAL PARTNER may cancel the agreement in writing within a period of 5 days after being made aware of said changes, which will come into effect at the end of a 2-week period. In case of such a change the CONTRACTUAL PARTNER is entitled to reclaim order payments that have not yet been fulfilled at the time of termination.
2.5. In case offers are compiled on the basis of information provided by the CONTRACTUAL PARTNER or documents made available by him, then KLINGER will not in any way be held liable for the accuracy of the data and documents contained therein. This applies unless their faultiness and infeasibility is not identified by KLINGER as a result of willfulness or gross negligence. Information provided by the CONTRACTUAL PARTNER is deemed valid.
2.6. Offers, plans, concept designs etc. remain, to the extent not otherwise agreed in writing, the property of KLINGER with all rights attached. Any kind of utilization in any given form shall be refrained from, especially duplication and circulation, the submission to third parties as well as the execution of alterations without the explicit consent of KLINGER.
3. Scope of services, time of performance
3.1. The scope of the contractually agreed service results from the specification of services contained in the offer of KLINGER. Should the CONTRACTUAL PARTNER wish to follow up with changes at a later time, then these may be taken into account to the extent possible. Follow-up changes to the specification of services in any case require written confirmation on the side of KLINGER. Such changes result in an adaptation of the prices and the time of performance.
3.2. Deadlines and periods remain tentatively agreed until they are made binding by KLINGER in writing. In the event that the service depends on the cooperation of the CONTRACTUAL PARTNER, then the obligation to execute the delivery of KLINGER does not begin before the CONTRACTUAL PARTNER has fulfilled his obligation to cooperate.
3.3. Furthermore, the CONTRACTUAL PARTNER will bear the cost generated due to KLINGER having to repeat services, or of services being delayed, as a result of incorrect or incomplete information, or of information being subsequently altered
3.4. KLINGER retains the right to make use of third parties to fulfill the contract. In this case KLINGER can act in its own name or in the name of the CONTRACTUAL PARTNER and place orders. KLINGER will not be held liable for the selection as well as the solvency of contracted third parties.
3.5. Furthermore, the CONTRACTUAL PARTNER is under obligation to check the provided goods, documents, information and data necessary for the fulfillment of the order with regard to any copyright, trademark, property right or other rights held by third parties and to guarantee towards KLINGER that the documents are free of third-party rights and can therefore be used for the purpose of the contract. The CONTRACTUAL PARTNER will indemnify and hold KLINGER harmless from any claims originating thereof from third parties. The CONTRACTUAL PARTNER shall compensate KLINGER for all disadvantages incurred by the claims of third parties, in particular the expenses of an appropriate legal representation. The CONTRACTUAL PARTNER is under obligation to support KLINGER in defending against such claims by third parties. Furthermore, KLINGER must be made aware by the CONTRACTUAL PARTNER of all aspects that are of importance for the contract execution.
4.1. All prices are net prices, therefore excluding applicable VAT in the legally defined amount (currently 20 %) and do not include special services desired by the CONTRACTUAL PARTNER, unless agreed otherwise in writing.
4.2. In the absence of any special agreement the prices stated are EXW (INCOTERMS 2020) = excluding packaging, freight and insurance. The type of packaging is determined by KLINGER. KLINGER will provide the CONTRACTUAL PARTNER with special packaging requests within an appropriate period prior to delivery. The packaging costs will amount to at least EUR 40,- net per order and are noted in the corresponding price list.
4.3. In the event that actual costs for special and/or tailored solutions exceed the quoted costs by more than 20 %, then KLINGER will correspondingly inform the CONTRACTUAL PARTNER thereof.
4.4. KLINGER is in any case not under obligation to inform the CONTRACTUAL PARTNER of a cost overrun, as long as the cost overrun results from an enlargement, modification etc. of the order. Should the CONTRACTUAL PARTNER be notified of a cost overrun and should he not veto it within 3 days, then it shall be deemed approved.
4.5.Should a catalogue price / package price be agreed upon, then it shall only contain those services explicitly listed in the quotation. Incidental services, which are not explicitly named in the offer, are in no case part of the package price and will be additionally charged by KLINGER.
4.6. The prices provided in the offer are only valid in the event of a complete order covering all the items offered. Should a partial order be placed, then the prices will be recalculated by KLINGER. The provided or agreed prices exclusively refer to the services listed in the offer. Further services – not contained within the scope of the offer – will be charged separately. Additional services will be invoiced on the basis of the offer, unless the provision of services represents a greater financial effort on behalf of KLINGER.
4.7. Should the sales prices include freight, customs duties or other public charges, then increases to these additional costs coming into effect after the conclusion of the transaction as well as those concerning goods, shipping, taxation or customs duties will be borne by the CONTRACTUAL PARTNER.
4.8. The CONTRACTUAL PARTNER will bear the approval costs, which shall amount to EUR 700,- net per started calendar day.
4.9. Possible costs as a result of delays in service provision, which cannot be attributed to KLINGER, may be invoiced separately to the CONTRACTUAL PARTNER.
5. Invoicing, payment, cancellation
5.1. Payment of the sum to KLINGER must take place within the specified period. Unless agreed upon otherwise in writing, invoices must be paid within 30 days upon receipt and in full. Only the payment in full entitles to receipt and/or utilization of the ordered item and/or service. Unless otherwise stipulated in contractual form, billing on the side of KLINGER will be based on applicable hourly rates and/or in accordance with the catalog prices of KLINGER.
5.2. The cancellation of a placed order on the side of the CONTRACTUAL PARTNER is generally not applicable. Should a cancellation request be accepted in special cases by KLINGER, then KLINGER retains the right, irrespective of fault of the CONTRACTUAL PARTNER, to invoice a cancellation fee amounting to 25 % of the net order value. In case of articles that are not standard articles in accordance with the standard price list, the cancellation fee furthermore amounts to 50 % for the last 6 weeks prior to delivery / service, and 100 % in the last 4 weeks. The right to assert damages going beyond remains unaffected in any case.
5.3. In the case of severable services the CONTRACTUAL PARTNER does not have a right to withdraw with respect to deliverable and/or shares that can be provided, to the extent that parts of the service can be fulfilled and used by the CONTRACTUAL PARTNER. Based on the same pre-conditions and/or if the remaining parts can be supplied in time (in the sense of 7.4.), the CONTRACTUAL PARTNER is not authorized to refuse acceptance of partial deliveries.
5.4. KLINGER is authorized to demand a partial payment from the CONTRACTUAL PARTNER as well as to carry out an intermediate settlement.
5.5. Payments will be deducted from the most mature claims, and in this regard first from additional charges, then from interest and lastly from the capital sum.
5.6. Should the CONTRACTUAL PARTNER be in delay of a payment or other performance, then KLINGER may
5.6.1. postpone its own contractual obligations to effect the outstanding payment or other performance;
5.6.2.exercise an extension of the delivery deadline that corresponds to that of the CONTRACTUAL PARTNER;
5.6.3.make the entire or remaining price of the service due immediately (default) and,
5.6.4.in the event of noncompliance with a suitable extension of time, withdraw from the contract as well as
5.6.5.claim the generated dunning fees and expenses of collection, insofar as they are required for the expedient assertion of legal rights and are in an amount appropriate to the desired claim (items 5.7 and 5.8).
5.7. A delay on the side of the CONTRACTUAL PARTNER is also in effect when items are not collected on time. In these cases KLINGER is authorized to further demand 1 % of the gross order sum, in any case at least EUR 100,- per calendar week, in sum, however, a maximum of 5 % of the gross order sum, in all cases including 20 % VAT, as warehouse charges. With regard to the minimum sum of EUR 100,- specified above, however, there shall be no limits.
5.8. In the event of delay of payment, 12 % a. interest on late payments will become due. KLINGER is furthermore entitled to charge a lump sum of EUR 40,- for out-of-court collection expenses. Should the actual expense be greater than this sum, then KLINGER is authorized to charge higher collection expenses.
5.9. In case enforcing a claim resulting from this agreement should require legal or judicial aid, then the CONTRACTUAL PARTNER hereby declares in advance that he will cover the pre-trial enforcement costs that arise on the side of KLINGER, even if these should be covered by the judicial reimbursement of costs of the “Rechtsanwaltstarifgesetz” (RATG). In the event of a judicial enforcement, the enforcement costs are to be claimed as incidental claims and are subject to the legal prior lien of § 19a RAO.
5.10. Furthermore, every additional damage, especially damage resulting from non-payment leading to correspondingly higher interest on credit costs being accrued on the side of KLINGER, is to be reimbursed independent of the fault of payment delay.
6.1. The CONTRACTUAL PARTNER shall only offset against undisputed or final and absolute claims.
7. Delivery and hand-over
7.1. The business address of KLINGER is the place of delivery as well as the place of performance for both KLINGER and the CONTRACTUAL PARTNER.
7.2. The delivery/service provision takes place at the agreed delivery/service provision date, either at the company seat of KLINGER, or at the address of the CONTRACT PARTNER or an address specified by him.
7.3. Provided delivery or service provision deadlines, unless explicitly specified as binding, are only deemed tentative and non-binding. Binding schedules must be put in writing and/or confirmed by KLINGER.
7.4. Should the delivery / service provision on the side of KLINGER be delayed for reasons outside of the responsibility of KLINGER, e.g. force majeure and other unforeseen events that cannot be avoided with the aid of efforts within reason, then the performance obligations shall rest for the duration and the magnitude of the obstacle and the deadlines shall be correspondingly extended. KLINGER will in such cases immediately contact the CONTRACTUAL PARTNER in order to agree on an alternative date for the prevented delivery. To the extent that the CONTRACTUAL PARTNER is offered a new delivery date by KLINGER that is no later than two weeks after the initially agreed delivery date and should the delivery properly be carried out on this date, then this shall constitute a timely delivery on the side of KLINGER without liability for damages.
7.5. Should KLINGER be unable to offer the CONTRACTUAL PARTNER a new time of performance in accordance with 4. or if the new delivery date cannot be complied with due to reasons specified in 7.4. (impossibility of delivery at the specified date due to incidents going beyond the scope of KLINGER), then KLINGER is authorized to either fully or partially withdraw from the contract without being held liable for damages. The CONTRACTUAL PARTNER is equally authorized to withdraw from the contact in such cases.
7.6. Delivery of the good or the service is always at the CONTACTRACTUAL PARTNER’s risk and expense. KLINGER will assume no liability for incorrect storage or safekeeping on the side of the CONTRACTUAL PARTNER at his place or area of delivery.
7.7. Following the handing over of the performance, all risks and expenses regarding storage are transferred to the CONTRACTUAL PARTNER. This also applies in the event of a partial delivery.
8. Retention of title, copyright
8.1. All materials and objects delivered by KLINGER are and remain the property of KLINGER up to the point of full payment and performance provision on the side of the CONTRACTUAL PARTNER.
8.2. The CONTRACTUAL PARTNER is not entitled to pledge the materials and objects that are subject to a retention of title as collateral or in the course of financing against warehoused goods.
8.3. The CONTRACTUAL PARTNER may neither sell nor pledge the delivery item / subject of agreement or use it for financing against warehoused goods. In case of seizure as well as confiscation or other third party decisions he must immediately inform KLINGER thereof.
8.4. Should the CONTRACTUAL PARTNER behave contrary to the agreement, particularly in the event of delayed payment, KLINGER shall be authorized to request the delivery item be returned following a reminder notice and the CONTRACTUAL PARTNER shall be under obligation to surrender it.
8.5. Should the CONTRACTUAL PARTNER order planning services and/or special solutions from KLINGER, then – unless contractually specified otherwise – the CONTRACTUAL PARTNER shall continue to remain solely responsible that the content is present in its entirety, correct and conformable to law and that no rights of third parties are violated. In terms of relationship of the parties with each other, all rights to the contents created by KLINGER shall solely be the property of KLINGER. Changes and/or modifications to services rendered by KLINGER in this context on the side of the CONTRACTUAL PARTNER or by third parties acting on his behalf shall only be permissible with the express consent of KLINGER and – to the extent necessary – the copyright holder.
8.6. The utilization of services of KLINGER that go beyond the initially contractually agreed purpose and scope of utilization require the approval of KLINGER. KLINGER and the copyright holder are in this case entitled to a separate, appropriate reimbursement.
8.7 The CONTRACTUAL PARTNER shall be liable towards KLINGER for every unlawful utilization at double the amount of the fee appropriate for said utilization, regardless of fault. Excess damages can additionally be claimed by KLINGER.
9.1. KLINGER is authorized to indicate all services of KLINGER and the copyright holder without this resulting in an entitlement to remuneration for the CONTRACTUAL PARTNER.
9.2. KLINGER retains the right at any time, on its own advertising media and especially on its Internet website, to indicate existing or previous business relations with the CONTRACTUAL PARTNER by means of his company name and logo (so-called reference particulars).
10. Contract expiration & right of withdrawal
10.1. In case of non-recurring services (planned construction) the contract generally ends with the service provision (with the completion of the planned construction). Recurring services in the course of a continuing obligation are rendered for a specific period or in perpetuity at a month’s notice.
10.2. In the case of a fixed-term contract the contractual relationship, with regard to the corresponding share of performance, ends after the duration listed in the offer for the specified service expires. This does not require separate cancellation. Open-ended contractual relationships may be terminated at the end of the month, subject to a notice period of one month. The cancellation must be in writing.
10.3. Cancellation/withdrawal by KLINGER: It is authorized to terminate the contract with immediate effect on the basis of important reasons; this without becoming liable for damages. In case of such a termination, all granted rights of utilization, irrespective of their kind, are deemed expired. An important reason is deemed particularly present, if
10.3.1. the agreed service, as a result of force majeure (such as e.g. in particular a governmental action, fire, floods, an insurrection, an earthquake, blackout, an insurgency, an explosion, an embargo, legal or illegal strikes, transport delays of all kinds, work delays), cannot be complied with, KLINGER cannot offer the CONTRACTUAL PARTNER a new time of performance, or the new delivery / performance date as a result of impossibility of the service on the agreed date for reasons exceeding the responsibility of KLINGER. In such cases KLINGER is authorized to partially or fully withdraw from the contract;
10.3.2. the CONTRACTUAL PARTNER, despite a written warning with a period of grace of 14 days, is continuously in breach of major obligations of this agreement, such as e.g. payment of due sums or violates its obligations to cooperate, or the rendering of services is made impossible due to reasons for which the CONTRACTUAL PARTNER is responsible;
10.3.3. valid concerns exist regarding the solvency of the CONTRACTUAL PARTNER and he does not, upon the request of KLINGER, make advance payments or provide adequate security prior to rendering of a service;
10.3.4. the contractual basis significantly changes during the course of execution.
11. Warranty, liability, damages
11.1. Assurances, such as regarding the usability or special properties of the item, the service, a possible success or explanations from KLINGER are non-binding and do not constitute an express guarantee of certain properties unless they are provided in writing (including per e-mail).
11.2. KLINGER will repair deficient parts free of charge, will replace them free of defects or reduce the purchase price. With regard to the type of fault removal, KLINGER shall be granted choice on the basis of equitable discretion.
11.3. Warranty/damages/ and other claims require that all accounts payable to KLINGER are fully settled and that defects/damages are immediately brought to attention, visible defects/damages immediately upon receipt, hidden defects/damages following their identification and under inclusion of the actual defects/damages (generally formulated reprimand or notification is insufficient), and the provision of the original invoice.
11.4. Replaced parts become the property of KLINGER. An extension of the warranty period does not come into effect as a result of fault removal. A right to rescind on the side of the CONTRACTUAL PARTNER does not apply.
11.5.. KLINGER shall in particular not be held liable for defects if the CONTRACTUAL PARTNER does not grant, on the basis of equitable discretion, the required period and opportunity to repair damage, rectify a defect or deliver a replacement, and instead either carries these out himself or by means of a third party. Only in urgent cases involving a threat to operational security and to protect against disproportionately large damages, in which case KLINGER is to be notified immediately, or if KLINGER itself is in default regarding the removal of a fault/damage, does the CONTRACTUAL PARTNER retain the right to remove the defect himself or by means of a third party and claim compensation for the necessary expenses from KLINGER. The burden of proof for the presence of such cases lies with the CONTRACTUAL PARTNER.
11.6. The warranty period amounts to six months from the time of delivery/performance and also applies to defects of a structure work or delivery items, which, in accordance with their usual mode of utilization, are used for a structure work and have caused its defect. The right to recourse vs. KLINGER in accordance with § 933b Abs 1 ABGB expires one year after delivery/performance. The CONTRACTUAL PARTNER is not entitled to hold back payments as a result of defects. The legal presumption of § 924 ABGB is excluded. With regard to its extent, a warranty claim is limited to the amount of the total sum of the delivery/performance.
11.7. Deviations customary in the trade or minor ones, deviations of a technical origin to quality, quantity, the equipment or the design, do not constitute a warranty defect, nor do they represent a non-fulfillment of the contract.
11.8. With regard to delivery items that, as a result of their composition or type of utilization, are subject to premature wear, such as e.g. shaft seals (stuffing boxes, packing sleeves, O-rings) as well as other gaskets (sealing rings, sleeves, valve rings, sealing elements) and other parts from materials such as rubber, synthetics, nonferrous metals, graphite and similar materials, KLINGER will assume no liability whatsoever. Furthermore, the liability for defects does not apply to natural wear and tear and to such damages that have resulted from unsuitable operating and installation conditions, improper third party installation or faulty maintenance on the side of the CONTRACTUAL PARTNER.
11.9. KLINGER assumes liability on the basis of legal requirements. The liability for damage as a result of negligence, however, is excluded thereof. With regard to its scope, it is in this case limited to damages reasonably foreseeable in such contracts. With regard to its amount, the liability is limited to the amount of the total price of the delivery/performance. This liability limitation does not apply to damages resulting from injury, to the body or the health of persons. Claims for damages of the CONTRACTUAL PARTNER as a result of non-fulfillment or delay are excluded, with the exception of proof regarding intent or gross negligence. The CONTRACTUAL PARTNER has to in any case prove the existence of intent or gross negligence.
11.10. The liability for a loss of profit and subsequent damages is excluded. KLINGER will not assume liability for (defect) subsequent damages, other physical damage, financial damage and damages, which third parties may assert versus the CONTRACTUAL PARTNER.
11.11. Furthermore, the liability for damages caused by a product defect to items as well as possible recourse claims on the side of the CONTRACTUAL PARTNER pursuant to § 12 PHG are explicitly excluded. In case of damages caused by faulty products or components, which have been supplied by KLINGER, the liability of the seller is limited to the insurance sum in accordance with the product liability insurance of KLINGER.
11.12.KLINGER shall not be held liable for a default or a due to a governmental action, fire, flood, insurrection, earthquake, blackout, insurgency, explosion, embargo, legal or illegal strikes, transport delays of any kind, work delays or other conditions, which have an effect on production and delivery, over which KLINGER reasonably has no influence.
11.13. The CONTRACTUAL PARTNER assumes liability for the correctness and legality of his goods, specified information and/or submitted data and will indemnify and hold KLINGER harmless from claims of any (legal) nature, which result from violating this duty. This also applies to third party claims (for example due to copyright violations).
11.14. The CONTRACTUAL PARTNER is also under obligation to verify the provided documents with regard to their legal applicability, particularly their lawfulness regarding competition, trademark and administrative laws. Following the fulfillment of a possible duty to warn the CONTRACTUAL PARTNER, KLINGER will not be held liable for the legal permissibility of deliveries or performances, if these have been specified or approved by the CONTRACTUAL PARTNER.
11.15. Should a contract not be terminated as the result of a grossly negligent action or one with intent on the side of KLINGER, then the CONTRACTUAL PARTNER shall furthermore pay KLINGER the agreed remuneration in its entirety for this order. By paying the remuneration the CONTRACTUAL PARTNER is in this case not granted any utilization rights to previously performed planning work; not yet executed designs, drawings and other documents are instead to be returned to KLINGER immediately.
12. Final clause
12.1. It is hereby agreed that oral side-agreements shall not be concluded.
12.2. Modifications and/or additions to this agreement must be in writing to become valid; this also applies to a discontinuation of the necessity to put them forth in writing. Additional agreements will therefore only come into effect, if they are in written form and signed by the other contract partner. Oral agreements are invalid.
12.3. Should a provision of this contract prove to ineffective, invalid or not enforceable, then the parties agree that the provision made invalid shall be replaced by one that is effective and enforceable, which corresponds to the economic or conceptual content to the furthest extent, or comes closest to it. The remaining provisions of the contract shall remain unaffected by the invalidity of individual provisions.
12.4. The CONTRACTUAL PARTNER must immediately inform KLINGER of all changes to the conditions and/or developments. As long as the legal transaction, for which this contract forms the basis, has not been mutually fully fulfilled, the CONTRACT PARTNER is under obligation to immediately inform KLINGER of changes to his address/business address. If such notification should be neglected, then declarations shall also be deemed submitted when sent to the previously announced address.
12.5. The contract is subject to Austrian law under exclusion of international reference provisions and the UN Convention on Contracts for the International Sale of Goods.
12.6. The contract parties agree that the court having jurisdiction for all disputes shall exclusively be the court at the company seat of KLINGER (jurisdiction clause). Even in the event of the CONTRACTUAL PARTNER relocating his seat or a business location abroad, the court having jurisdiction at the business location of KLINGER shall remain the one having authority.
13. Data protection
13.1. The CONTRACTUAL PARTNER gives his explicit consent that his personal data (name, address, date of birth) may be stored and processed by KLINGER and – to the extent required for the order fulfillment – to submit it to third parties (employees, suppliers or other persons authorized by KLINGER). This agreement can be rescinded at any given time in writing or orally. Additional information on data protection can be found in the data privacy statement.
Data privacy statement and agreement with KLINGER Fluid Control GmbH, Am Kanal 8-10, 2352 Gumpoldskirchen (in short, “KLINGER”)
The protection of your personal data is a matter of particular concern to us. We process your personal data in accordance with the legal requirements regarding the protection, lawful handling and confidentiality of personal data as well as for data safety, in particular the national law on data protection (Datenschutzgesetz – DSG), the European General Data Protection Regulation (GDPR) as well as the telecommunications law (Telekommunikationsgesetz – TKG). In this data privacy statement we will inform you about the most important aspects of data processing with regard to the contractual relationship between KLINGER and you, the CONTRACTUAL PARTNER.
§ 1 Contact data of the responsible entity in accordance with the Law on Data Protection (DSG)
KLINGER Fluid Control GmbH, Am Kanal 8-10, 2352 Gumpoldskirchen, e-mail address: email@example.com
§ 2 Processing of personal data
In order for KLINGER to provide services, it is necessary to process personal and company-related data. You explicitly give your consent for this purpose. Personal data is treated confidentially. In some cases, order processing personnel will be employed for the execution of contracts. These persons, however, are bound by corresponding data protection agreements and contracts. A submission of data to third parties in the sense of selling addresses or similar practices is explicitly excluded.
You give your consent that the personal data listed in the course of the contract execution and specified at the time of registration may be stored and processed under observation of the legal provisions of data protection. This data will be used, to the corresponding extent required, to fulfill legal provisions, to manage payments, for customer care as well as for marketing purposes.
The following data will be utilized:
Companies’ register number
Type of service
Scope of service
§ 3 Duties in combination with order data handling
The applicable provisions of the 2018 law on data protection (Datenschutzgesetz 2018 – DSG) shall be complied with.
KLINGER will implement and maintain appropriate technical and organizational measures to protect against unauthorized and/or unlawful processing of personal data and against accidental loss, accidental destruction and/or accidental damaging of personal data.
KLINGER will only employ personnel for the processing of personal data, who have placed themselves under obligation to confidentiality or a legal form of obligation regarding confidentiality.
KLINGER will exclusively use personal data for the provision of the service and will process it in accordance with your directives. Your directives must remain within the scope of the services to be provided by KLINGER and may not result in significant additional duties for KLINGER. The CONTRACTUAL PARTNER alone ensures that the directives comply with all applicable laws and do not cause a violation of applicable laws on the side of KLINGER.
§ 4 Affected rights
Persons affected by data processing, based on the General Data Protection Regulation, have the right to information from the responsible entity (KLINGER) regarding the processed personal data as well as the right to correct or delete or to limit processing. Furthermore, a right to object to processing as well as a right to data portability (Art 15 to 21 of the GDPR).
Should you be of the opinion that the processing of your data is in breach of the law on data protection or that your data protection rights have in some other way been violated, then you may submit a complaint to the governing body (Art 77 GDPR). In Austria this is the Austrian Data Protection Authority.
Should data processing be based on your consent, you can rescind your approval for data processing at any time in writing (an e-mail is sufficient) to firstname.lastname@example.org. A revocation does not affect the legality of processing carried out up to the moment of rescinding.
§ 5 Newsletter
You agree to receive our newsletter. You can cancel the subscription of the newsletter at any given time. Kindly send your cancellation to the following e-mail address: email@example.com we will immediately delete your data that we would otherwise be used for future newsletter submissions.