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<p>Contract Conditions</p>

CONTRACT CONDITIONS
of

Vetter & Kaan Rechtsanwälte GmbH
1010 Vienna, Seilerstätte 13
Commercial Register Number: FN 380829v

 

1. These Terms and Conditions for Contracts apply to all services rendered by Vetter & Kaan Rechtsanwälte GmbH (subsequently „VKR“) by order of client.

2. In rendering its services VKR will protect the interests of its client with due diligence, care and loyalty. VKR shall not be obliged to advise the client if the prevailing legal norms should change after termination of the services rendered by VKR, neither concerning the changes themselves nor the consequences.

3. Unless agreed otherwise, VKR may decide whether to charge for its services on the basis of the Attorney’s Tariff (RATG), on the basis of the General Fee Guidelines for Attorneys (AHK), or on the basis of hourly rates plus cash expenses and Value Added Tax (VAT).

4. Internal cash expenses (telephone, facsimile, databases costs) will be charged at a flat rate of 3 % of the invoiced fees; external cash expenses (travelling expenses, translation expenses) will be charged in the amount accrued.

5. Contracts, drafts, opinions, schedules, other information, calculations etc. provided by VKR under the mandate may be used only for the purposes of the client; such documents must not be passed to any third party or used for any third party’s interest without the written consent of VKR. VKR shall only be liable to the client but not to third parties. The client shall be obliged to expressly bring this circumstance to the attention of third parties who come into contact with VKR’s performance on account of the client’s efforts.

6. The liability of VKR and of all attorneys and other associates acting on its behalf shall be limited to a maximum amount of € 2,4 million (Euro two million four hundred thousand) for each occurrence - including cases with several claimants and with respect to consequential damages. In the event that the client is a consumer as defined in the Austrian Consumer Protection Act, the restriction of liability shall only apply to events in which the damage is due to minor negligence. Up to this amount VKR has obtained coverage under professional liability insurance.

7. Unless the law stipulates a shorter term of lapse or preclusion, all claims (excluding however, warranty claims, in the event the client is not an entrepreneur as defined in the Austrian Consumer Protection Act) against VKR shall lapse, unless the client has claimed them in court within six months (in the event that the client is an entrepreneur) or within one year (in the event that the client is not an entrepreneur) as of the date at which the client becomes aware of the damage and the damaging party, or of the incident that otherwise gives rise to the claim, but at the latest after the expiry of five years as of the conduct (infringement) causing the damage (giving rise to a claim).

8. VKR may grant power of substitution within the scope of this mandate.

9. VKR shall return the originals of documents after the mandate relationship has ended upon the client’s request. VKR shall have the right to keep copies of these documents. Whenever the client asks for further documents (copies of documents) after the end of the mandate, which the client already received during the term of the mandate, the client shall bear the costs incurred in this connection. VKR shall be obliged to keep the files for a period of five years as of the end of the mandate and to provide the client with copies, if so needed, during that time; the client shall bear the costs incurred in this connection. Whenever there are longer statutory periods pertaining to the obligation to keep documents, these shall be observed. The client shall agree to the destruction of the files (also of original documents) after the expiry of the storage period.

10. The present Terms and Conditions for Contracts and the client/VKR relationship governed by them shall be subject to Austrian substantive law. Unless there are peremptory statutory provisions to the contrary, the parties shall agree on the sole competency of the court with jurisdiction over the subject matter at the seat of VKR for any and all legal disputes arising from, or in connection with the contractual relationship, governed by the present Terms and Conditions for Contracts, which shall also include disputes regarding its validity. However, VKR shall also have the right to file claims against the client at any other court in Austria or abroad, which has competency over the place at which the client has his/her seat, domicile, place of business, or property. The provisions on the legal venue as defined in § 14 of the Austrian Consumer Protection Act shall apply with regard to clients who are consumers as defined in the Austrian Consumer Protection Act.

11. Changes or amendments of the present Terms and Conditions for Contracts shall be made in writing in order to be valid, whenever the client is not a consumer as defined by the Austrian Consumer Protection Act.

12. Communications by VKR to the client shall, in any event, be deemed to have been received if they are sent to the address communicated by the client when retaining VKR, or to another address communicated subsequently in writing. However VKR may correspond with the client in any other form that is deemed to be appropriate, unless provided otherwise.

13. Any communication that needs to be in written form pursuant to the present Terms and Conditions for Contracts may also be forwarded by means of telefax or e-mail, unless provided otherwise. Unless the client issues another written instruction, VKR shall have the right to engage in e-mail communication with the client in unencoded form. The client shall state that he/she is aware of the attaching risks (especially access, confidentiality, alterations in communications in the course of forwarding) and accepts – in full awareness of these risks – that e-mail communication is conducted in unencoded form.

14. The client shall expressly agree that VKR processes, provides or communicates person-related data regarding the client and/or client’s enterprise (as defined in the Austrian Data Protection Act) to such an extent as this appears to be necessary and expedient or results from statutory obligations or duties under the provisions on the exercise of the profession of legal counselling (e.g. to take part in the electronic legal data exchange, etc.), in order to comply with the tasks for which the client has retained VKR.

15. Whenever one or several conditions of the present Terms and Conditions for Contracts or of the contractual relationship governed by the present Terms and Conditions for Contracts becomes invalid, this shall not affect the validity of the remaining provisions. The contracting parties agree to replace the ineffective provision(s) by another provision that comes closest to the intended economic result.