1. offer and conclusion of contract

The terms and conditions set out herein shall apply exclusively; conflicting terms and conditions of the client shall only be recognized by ABF after written consent.
All agreements between the parties must be made in writing.

2. obligations of the client to cooperate

If ABF is hindered in the fulfillment of its performance obligations due to a breach of its duty to cooperate, the client shall be obliged to reimburse any additional costs incurred as a result.
If the fulfillment of ABF’s performance obligations is delayed due to a breach of the client’s obligations or due to other impediments for which the client is responsible, ABF shall be granted reasonable extensions of time.

3. reservation of title

The delivered goods shall remain the property of ABF until full payment has been made.
The client shall be obliged to inform ABF immediately of any access by third parties to the goods subject to retention of title, in particular of foreclosures or seizures, and of any damage to the goods subject to retention of title.

4. dates

Deadlines shall be deemed binding if they are specified as binding in this offer.
If ABF is hindered in meeting the set deadlines by the Client’s demand for additional services or by force majeure or unforeseeable obstacles which are likely to impede or delay the fulfillment of the contract, and if ABF informs the Client of the resulting delays within 15 days of the occurrence of the hindrance, a correspondingly reasonable extension of the delivery deadline shall be granted.
If it is to be expected that an extension of the deadline in accordance with this provision will be longer than two months, the services rendered up to that point may be invoiced immediately, contrary to any other agreed payment dates.

5. modified or additional services

After examination and written consent, ABF shall be obliged to carry out services requested by the client that go beyond the contractual specifications or deviate from them due to subsequent changes to the service description.
ABF shall specify the resulting additional costs and effects on deadlines prior to execution and inform the client in writing.
ABF shall not carry out the work unless a corresponding written remuneration agreement has been made.
ABF shall be entitled to refuse to carry out the requested additional service if the client culpably delays or fails to make the remuneration agreement.

6 Warranty and liability

The warranty covers the faultless functioning of the systems supplied.
The warranty does not cover natural wear and tear or damage caused by force majeure, poor maintenance, improper handling or overloading.
If external personnel are commissioned with the repair or modification, the warranty shall lapse.
ABF shall only pay compensation for damages, regardless of the legal grounds, to the following extent: in the event of gross negligence to the amount of the typical and foreseeable damage that should have been prevented by the duty of care; in other cases only in the event of a breach of a material contractual obligation and in the event of default to compensation for the typical and foreseeable damage, limited to the order amount corresponding to the respective contractual item.
Statutory liability for personal injury and under the Product Liability Act shall remain unaffected.
ABF shall be entitled to plead contributory negligence.
To the extent permitted by law, liability shall be limited both in terms of prerequisites and amount to the cover provided by ABF’s business liability insurance.
Liability for the initial planning and its consequences is excluded.
ABF shall not be liable for indirect damage, consequential damage, loss of profit or loss of production or for other purely financial losses.

7. confidentiality

The contracting parties undertake to treat this offer, the corresponding contract, its annexes and all documents relating to the development of the contract or fulfillment of the order as confidential and to ensure that their employees treat them confidentially.
This obligation shall remain in force for a period of five years after termination of the contract.

8. enticement clause

For the duration of the cooperation and for a period of two years thereafter, the client undertakes not to entice away any employees of ABF or to employ them without the consent of ABF.
For each case of culpable infringement, the client undertakes to pay a contractual penalty in the amount of two annual salaries of the employee concerned.

9. publications

The project may be made the subject of publications or advertising with the consent of the other contracting party.
Consent may not be unreasonably withheld.

10. general conditions

In addition, the current “General Terms and Conditions for the Sale of Organization and Programming Services”, published by the Association of Management Consultancy and Data Processing of the Austrian Federal Economic Chamber, as well as the “General Terms and Conditions of Delivery” of the Austrian Electrical Industry in the latest edition shall apply.

This offer is the intellectual property of ABF GmbH and may not be used for further project processing or passed on to third parties without written permission from ABF.
This also applies to parts of the offer.
In the event of an order, both partners undertake to be mutually loyal in accordance with the above terms and conditions.
Should individual provisions of this agreement be invalid, the remaining provisions shall remain in full force and effect.

11. legal basis of the processing

Art. 6 I lit.
a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 I lit.
b GDPR.
The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit.
c GDPR.
In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person.
This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party.
The processing would then be based on Art. 6 I lit.
d GDPR would apply.
Ultimately, processing operations could be based on Art. 6 I lit.
f of the GDPR.
Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail.
We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator.
In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

12. legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit.
f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

13. duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period.
After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

14. legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us.
For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them.
Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact one of our employees.
Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

15. existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

16. information regarding the processing of your personal data in the context of your order to ABF

Part of the service offered is to analyze incidents in the operation of the application offered in the course of commissioning and during the warranty period and to determine the functional and temporal sequence of events.
Based on this, appropriate technical improvements to the application or organizational measures can be derived and proposed.
For this purpose, the data collected by our programs, both before and after commissioning, may be used as test data on our own in-house test server and processed locally.
This also applies to the log files of the programs created during operation.
With regard to the processing of this data, which may also include personal data, we may consider ourselves to be a processor within the meaning of the GDPR.
This processing of data at our company is part of the commissioned service as part of the conclusion of the offered supply agreement.
As the controller within the meaning of the GDPR, we also process the following data of your employees who are entrusted with the processing in order to fulfill the service offered: Contact details, as well as documents and correspondence about the service offered.
The processed data will be deleted after expiry of the statutory retention obligations.

17 Data processing for applications

By providing your data to ABF GmbH, Deggendorfstraße 6, 4030 Linz, you agree that this data may be stored, processed and used for the purpose of personnel recruitment for a maximum period of 2 years from the last contact and that we may inform you about new job offers in our company via the contact details provided.
Your data will be treated with the utmost care, will never be passed on to third parties and will only be used for the stated purpose.
You can revoke your consent to the storage, processing and use of your data at any time.
To do so, please contact office@abf.at or +43 732 30 40 30. You also have the right of access, rectification, erasure, restriction of processing and transfer of your data as well as the right to lodge a complaint with the data protection authority if you believe that the processing of your data violates the provisions of the General Data Protection Regulation.

This data protection declaration was generated by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH.