General Terms & Conditions
Terms for commercial agency, representation and sales services. Applicable exclusively in B2B relationships.
§ 1 Scope
These General Terms and Conditions ("Terms") apply to all business relationships between Mag. Tamas Toth ("Contractor") and clients regarding services as a commercial agent, sales representative, sales service provider or representative. Differing terms of the client only become part of the contract if the Contractor expressly agrees in writing. Services are provided exclusively to entrepreneurs within the meaning of § 1 KSchG and § 1 UGB.
§ 2 Conclusion of contract
Offers by the Contractor are non-binding. A contract is concluded by the Contractor's written order confirmation or by commencement of activity.
§ 3 Scope of services
The scope of services follows the respective individual agreement (commercial agency contract, work contract, consulting contract or service description). Where commercial agency activity is agreed, the provisions of the Austrian Commercial Agents Act (HVertrG) apply subsidiarily.
§ 4 Client's obligations
The client provides the Contractor with all information, documents and materials required for the provision of services and warrants their accuracy and completeness.
§ 5 Fees and commission
Fees and commission are set out in the respective individual agreement. Unless otherwise agreed, invoices are due within 14 days of receipt without deduction. Statutory default interest applies in case of late payment. Travel costs, expenses and outlays are billed according to actual cost unless otherwise agreed.
§ 6 Liability
The Contractor is liable for damages only in cases of intent or gross negligence. In cases of slight negligence, liability is — to the extent permitted by law — excluded. Liability for lost profits, consequential damages, indirect damages or damages of third parties is excluded unless mandatory law provides otherwise. Liability is capped at the value of the specific individual service in connection with which the damage occurred.
§ 7 Confidentiality
Both parties undertake to treat all business information obtained during the cooperation as confidential and not to pass it on to third parties. This obligation continues after termination of the cooperation.
§ 8 Data protection
Personal data is processed in accordance with the GDPR and the Austrian Data Protection Act. Details: see Privacy Policy.
§ 9 Term and termination
Contracts are concluded for a fixed or indefinite term. For commercial agency contracts the notice periods of the HVertrG apply (§ 21 HVertrG: minimum 1 month in the first contract year, 2 months in the second, 3 months in the third, 4 months in the fourth, and 5 months from the fifth year onwards, each to the end of a calendar month). For other contracts a one-month notice period to the end of the month applies unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected.
§ 10 Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes is — to the extent permitted by law — Vienna. Should individual provisions be or become invalid, this does not affect the validity of the remaining provisions. Amendments and additions require written form.
Status: May 2026. The liability and commission clauses in particular should be adapted to the specific business practice and reviewed legally.