1. Scope of Application

1.1. The General Terms and Conditions for "IT Services" (GTC), as amended from time to time, apply to all services and deliveries of goods provided by eworx in connection with the full-service maintenance system "IT Services".

1.2. The eworx General Terms and Conditions (GTC) shall apply to all future transactions, including those that extend beyond the initial delivery or service. This is regardless of whether the customer is explicitly referred to the GTC or not.

1.3. Any general terms and conditions of the customer that conflict with and/or deviate from these GTC are explicitly not recognized. This shall also apply in the event that a customer uses its own general terms and conditions, unless eworx agrees in writing to the inclusion of the third-party general terms and conditions. In the event that special terms and conditions for individual contracts have been agreed upon in writing, these GTC shall apply in addition and shall be used for interpretation.

1.4. Please note that the order confirmation and/or the execution of the order by eworx does not constitute consent to the customer's General Terms and Conditions.

1.5. If the customer is an intermediary, he/she is required to impose these GTC on the end customers and to indemnify and hold eworx harmless for all damages incurred by eworx as a result of the failure to impose these GTC.

2. Conclusion of Contract

2.1. All offers from eworx are non-binding.

2.2. Information provided on the website, in catalogs, brochures, and other advertising materials is non-binding and does not form part of the contract unless expressly referred to in the user agreement and/or order confirmation.

2.3. When customers submit offers to eworx, a contract is formed—in the case of a continuing contractual relationship—by signing the Terms of Use; otherwise, it is formed by a written order confirmation or by fulfilling the order and/or providing the service.

2.4. The content of the user agreement shall be the determining factor in the scope of services covered by the contract. In the absence of a user agreement, the content of the order, order confirmation, and/or invoice shall be decisive. In the event that eworx provides the customer with relevant service descriptions, the content of said descriptions shall also be considered authoritative.

2.5. The customer is responsible for the accuracy of the measurements provided, for ensuring that the plans and drawings submitted are technically sound, and for correctly specifying their technical requirements, and shall bear sole responsibility for any adverse consequences resulting from incorrect information.

2.6. The customer is responsible for ensuring that the content of the order and/or order confirmation is accurate and complete. Should any deviations from the order placed by the customer arise, they must be reported immediately in writing. Otherwise, the contract shall be concluded with the content confirmed by eworx.
 

3. Fees, Terms of Payment, and Delivery

3.1. Unless otherwise agreed in conjunction with the customer in writing, all fees are to be paid in euros and are exclusive of VAT. The fees in effect on the date of the order will be applied.

3.2. All transportation and/or packaging costs, freight and/or insurance charges, customs duties, fees, and taxes shall be borne by the customer. This applies even if "carriage paid" has been agreed upon. Freight costs will not be advanced. The customer will be billed for the actual costs incurred plus a reasonable administrative surcharge. The goods will be insured only at the customer’s expense and upon the customer’s express request.

3.3. Unless otherwise agreed in writing, eworx reserves the right to charge the customer for any changes to the original order and/or additional orders, including consulting activities, training, individual programming, etc. The fee for the work will be charged at the rate applicable on the day the order is placed. The applicable rates for the work involved will be charged on the day the service is provided. Please note that travel, daily, and overnight allowances will be invoiced separately to the customer at the applicable rates. Please note that travel time shall be considered working time.

3.4. Services and support provided during regular support hours will not be invoiced. Our regular support hours are as followed:

Monday to Thursday: 06:30 AM to 06:00 PM
Friday 06:30 AM to 05:00 PM
Saturday 06:30 AM to 13:00 PM

December 24 and 31, 06:30 AM to 12:00 PM
No service or support on Sundays and holidays.

3.5. eworx reserves the right to adjust fees in accordance with objective criteria, provided that such adjustments are objectively justified, in particular due to changes in production costs. Any increases or reductions in charges will be communicated to the customer in writing. A change in production costs is deemed to include, in particular, increases in wage costs due to collective bargaining agreements in the industry or other costs necessary for the provision of services (such as those for materials, energy, transportation, external work, financing, etc.).

3.6. Any adjustment to remuneration in accordance with point 3.5 shall constitute an amendment to the GTC. In accordance with Section 18, the aforementioned shall apply.

3.7. It is explicitly agreed that the value of the claim and any related claim shall remain constant. The annual average of the consumer price index (annual CPI) published annually by Statistics Austria or an index replacing it shall serve as the basis for calculating the stability of value, with the annual CPI 2020 forming the index basis.

The adjustment will be made no later than January 31 of each calendar year, in accordance with the change in the annual CPI for the preceding year, as compared to the annual CPI for the year preceding that.

All rates of change are to be calculated to one decimal place. The adjusted fee will be effective in the following month. 

Please note that the CPI adjustment does not entitle the customer to ordinary termination in accordance with points 14 and 15.

3.8. eworx is not obligated to fulfill the order and/or provide the services until the customer has fulfilled all of its obligations, all technical and commercial delivery issues have been resolved, and eworx has received all documents necessary for the fulfillment of the order. In particular, in the case of continuing contractual relationships, eworx’s services will not be available to the customer until the first monthly fee has been paid.

3.9. eworx will adhere to delivery times and dates to the extent possible. Unless otherwise agreed in writing, eworx reserves the right to a delivery period of 30 days. Agreed delivery periods are always approximate and may be exceeded by up to 8 weeks by eworx without any adverse consequences (e.g., payment of late fees) for eworx. Delivery difficulties on the part of eworx’s suppliers are not taken into account in the aforementioned periods.

3.10. If delivery and/or performance becomes impossible or unreasonable as a result of delivery difficulties and/or price increases on the part of suppliers and/or the manufacturer and/or due to unforeseeable technical difficulties inherent in the nature of the order, eworx shall be entitled to withdraw from the contract without any obligation to pay compensation.

3.11. Unless otherwise expressly agreed in writing, partial deliveries of goods are permitted.

3.12. For orders that involve multiple stages (e.g., provision, delivery, and/or installation of hardware, training, maintenance, etc.), eworx is entitled to issue an invoice upon completion of each individual stage. eworx is not obligated to perform further stages until the customer has paid for the previously invoiced stages.

3.13. Invoices are payable within eight days of receipt, net of any discounts. Bank transfer payments will only be accepted if received in the eworx account.

3.14. The agreed-upon fee is payable on a monthly basis in advance, with the payment deadline being the 5th of the respective month. eworx reserves the right to combine up to three monthly fees into a single invoice for the convenience of our clients.

3.15. Unless otherwise agreed in writing, payment may be made via payment slip, electronic transfer, or SEPA direct debit mandate. In the event that the customer's bank declines to collect the fee, this will be considered an objective delay in payment by the customer. In such an instance, points 4.2 and 4.3 of this agreement shall apply.

3.16. eworx is not obliged to accept cheques or bills of exchange. In the event of acceptance, the obligation shall only be deemed to have been fulfilled when these documents have been covered and cashed.

3.17. In the event of a substantial decline in the customer's financial standing subsequent to the execution of the contract, eworx reserves the right to demand immediate payment of outstanding but not yet due invoice amounts and/or to request advance payments or guarantees.

3.18. Unless otherwise agreed in writing, employees of eworx are not authorized to accept payments.

3.19. Assignment prohibitions of the customer are explicitly not being recognized.

3.20. Offsetting with counterclaims of any kind is excluded, unless the claim has been expressly recognized by eworx in writing and/or established by court.

4. Default

4.1. If the goods are not accepted by the agreed delivery date (default of acceptance), eworx is entitled to store the goods for a maximum period of 6 weeks at the customer’s expense and risk, either on its own premises or with an authorized third-party storage provider. Likewise, eworx is entitled either to insist on performance of the contract or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods otherwise. This provision applies mutatis mutandis to (digital) services.

4.2. In the event of a delay in payment by the customer, eworx is entitled either to set a grace period of 5 business days (Monday–Friday) and then withdraw from the contract, or to insist on performance of the contract. eworx reserves the right to claim compensation for all damages resulting from the delay. In particular, eworx is entitled, at its discretion, to charge either compensation for the actual damages incurred or late payment interest at a rate of 1% of the invoice amount per month.

4.3. In the event of repeated late payment of (recurring) fees arising from continuing obligations, eworx is entitled to terminate the contract. Section 17.3 applies.

4.4. In the event of a default of payment, the customer agrees to reimburse the costs incurred for pursuing the debt, up to the amount necessary for appropriate legal prosecution. In the case of corporate transactions, this shall in any case include a lump sum of EUR 40.00 as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims remains unaffected.

4.5. eworx is entitled to offset incoming payments of the customer first against dunning and collection costs as well as costs of legal or judicial collection, then against the accrued default interest and finally against the outstanding capital.

4.6. If the customer is in default with a partial payment, eworx is entitled to demand immediate payment of outstanding but not yet due invoice amounts and/or to demand advance payments or security deposits.
 

5. Warranty

5.1. eworx retains title to the delivered goods until the purchase price has been paid in full.

5.2. The customer bears the risk associated with the goods subject to retention of title, in particular the risk of destruction, loss, or deterioration. To safeguard the goods delivered subject to retention of title, the customer is obligated to insure the delivered goods adequately against all risks foreseeable in the ordinary course of business.

5.3. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. Until the purchase price has been paid in full to eworx, the customer assigns to eworx, by way of payment, all claims and security interests accruing to the customer from such resale. The customer is required to record these assignments in its books.

5.4. If the buyer with a right of retention sells the goods for cash, the buyer transfers the proceeds of the resale to eworx by way of an anticipated transfer of title.

5.5. In the event that goods subject to retention of title are processed, transformed, or combined with third-party items, eworx’s ownership extends to the new item in proportion to the respective values.

5.6. If the goods delivered by eworx and/or the items manufactured from them through processing or fabrication become an integral part of a third party’s real property, such that the third party becomes the owner of the goods delivered by eworx due to their inseparable connection with the real property, the customer shall assign to eworx all claims against the third party in the amount of the value of the goods delivered by eworx.

5.7. The pledging or transfer of ownership by way of security of goods delivered under retention of title in favor of third parties is prohibited without the express written consent of eworx. Any seizures by third parties must be reported to eworx immediately.

5.8. In the event that the goods subject to retention of title are returned, a reasonable price reduction of at least 30% of the invoice amount will be applied.

5.9. The customer agrees to notify eworx prior to the filing of an insolvency proceeding so that eworx may reclaim goods delivered under retention of title and owned by eworx.
 

6. Compensation and liability

6.1. The risk of accidental deterioration or accidental loss of the goods passes to the customer upon shipment and/or pickup of the goods by the customer or the customer’s agent, or by the carrier or the carrier’s agent, as well as upon delivery and/or repair and/or installation of the goods at the customer’s premises.
 

7. Notice of Defects

7.1. Defects must be reported in writing immediately upon receipt of the delivery, no later than one week thereafter; however, obvious defects must be reported immediately upon receipt of the delivery, and hidden defects must be reported immediately upon their discovery, failing which any claims for warranty and damages, as well as the right to rescind the contract due to defects, shall be excluded.

7.2. The notice of defect must be sufficiently substantiated and supported by appropriate documentation.

7.3. A notice of defect does not entitle the customer to withhold payment of the invoice amount, either in part or in full.
 

8. Warranty

8.1. Minor technical deviations and/or deviations from a sample and/or a brochure that do not impair the intended use of the product and that form the basis of the offer and/or the order and/or order confirmation (in particular with regard to dimensions, weight, quality, and/or color) are considered minor defects and are deemed to have been approved in advance.

8.2. Downtime resulting from necessary maintenance and repair work, such as software updates, does not constitute a defect in service.

8.3. eworx does not guarantee the continuous, complete, or error-free availability of its services. Minor disruptions and/or interruptions in service are considered insignificant defects and are deemed to have been accepted in advance.

8.4. Unless otherwise agreed in writing, eworx does not guarantee the interoperability of its products and/or digital services with other products and/or systems.

8.5. For new goods, eworx provides a warranty — with the exception of Sections 8.1 and 8.4 — for any defect that exists at the time of transfer of risk and becomes apparent within 24 months (warranty period).

8.6. The customer’s rights under the warranty, as well as any claims for a price reduction or termination of the contract, are subject to a statute of limitations of three months following the expiration of the warranty period as specified in Section 8.5 (Statute of Limitations).

8.7. For software products and/or programming services, the right to a warranty exists only if the defect is reproducible and is reported—in writing—within 4 weeks after the transfer of risk.

8.8. The obligation to provide updates for goods with digital elements and for digital services pursuant to § 7 VGG is excluded, unless otherwise agreed in writing.

8.9. eworx is entitled to choose between repair, replacement, or a price reduction, provided that only a minor defect exists. Multiple (at least three) attempts at repair must be permitted.

8.10. In the event of termination of the contract, any refund shall be calculated based on the purchase price, less a reasonable fee for use and any resulting depreciation.

8.11. The warranty period is not extended and/or interrupted by attempts to remedy defects.

8.12. Attempts to remedy defects are always made without acknowledgment of any legal obligation.

8.13. eworx is not obligated to attempt to remedy defects as long as the customer has not yet settled any outstanding claims.

8.14. The right to warranty expires immediately if the customer or a third party not authorized by eworx has made modifications or repairs to the goods.

8.15. The customer must always provide proof that the defect already existed at the time of transfer of risk. § 924 ABGB does not apply.

8.16. To assert warranty claims, the goods must be returned to eworx or shipped to eworx, specifying the invoice number, invoice date, and the nature of the defect. The customer shall bear the costs of shipping to eworx as well as the risk of any loss. If the goods delivered by eworx and/or items manufactured from them through processing or fabrication become an integral part of a third party’s property, or if shipping the item is impossible or impractical, the customer undertakes to ensure all cooperation necessary to remedy the defect—in particular, access to the defective item.

8.17. Unannounced returns of goods or returns that are not labeled as agreed will be returned unprocessed, and a flat-rate processing fee of EUR 20.00 plus sales tax will be charged.

8.18. If it turns out that the product subject to the complaint has no defects or that the information regarding the defectiveness of the product was incorrect, a minimum processing fee of EUR 20.00 plus sales tax will be charged.
 

9. Damages and Liability

9.1. eworx shall not be liable for damages resulting from unsuitable or improper use, operation, and/or installation; failure to back up programs and data; faulty or negligent handling and/or storage by the customer; or normal wear and tear

9.2. Unless otherwise provided in these Terms and Conditions, eworx shall be liable only for damages caused by eworx through gross negligence or willful misconduct, regardless of whether such damages are direct or indirect, or consequential damages resulting from defects—such as, in particular, removal and installation costs or lost profits. However, this does not apply to personal injury

9.3. eworx shall not be liable for damages resulting from the circumvention and/or disabling of firewall systems and/or security software (such as, in particular, email security software and/or virus and Trojan protection software) installed, operated, and/or monitored at the customer’s premises

9.4. eworx is not liable for the continuous, complete, and error-free availability of the services. In particular, eworx is not liable for any disadvantages suffered by the customer resulting from disruptions and/or interruptions in service that are unavoidable despite regular maintenance and servicing work.

9.5. Claims for damages are subject to a statute of limitations of 6 months from the date of becoming aware of the damage and the party responsible for it.
 

10. Force Majeure

10.1. In the event of an external, natural occurrence that could not have been prevented even with the utmost reasonable care and is so extraordinary that it cannot be regarded as a typical operational risk (force majeure), such as, in particular, labor disputes, civil unrest, acts of war or terrorism, epidemics, pandemics, epidemics, energy outages and/or shortages (electricity, gas, water, etc.), and government measures such as quarantine orders, etc., the contracting parties’ obligation to perform shall be suspended for the duration of the event.

10.2. Section 10.1 applies in particular to operational and traffic disruptions, improper performance by subcontractors, interruptions in transportation, and/or production stoppages, insofar as these events are attributable to force majeure.

10.3. Section 10.1 also applies if eworx is in default at the time of the event.

10.4. Mutual claims for damages are excluded. eworx shall notify the customer as soon as possible of any impediments to performance due to force majeure.

10.5. Any provisions to the contrary are expressly rejected.
 

11. Product Liability

11.1. The customer expressly waives the right to assert claims for compensation for property damage caused by products that the customer has used primarily within its business (Section 2 of the Product Liability Act (PHG)).

11.2. The customer agrees—in the event that it resells products to another business—to pass on the provision set forth in Section 11.1 to its customer and to indemnify and hold eworx harmless for all damages incurred by eworx as a result of the failure to pass on this provision.

11.3. Claims for recourse within the meaning of § 12 of the Product Liability Act are excluded, unless the customer proves that the defect was caused by at least gross negligence on the part of eworx.
 

12. Intellectual Property and Data Protection

12. Intellectual Property and Data Protection

12.1. All copyrights to the agreed-upon services (programs, including source code, program documentation, etc.) are held by eworx or its licensors. The customer is entitled—upon payment of the agreed-upon fee—to use the provided software for its own purposes solely on the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on multiple workstations.

12.2. The contract, which is based on these General Terms and Conditions, grants only a license to use the work. Any reproduction, modification, distribution, and/or making available by the customer is expressly prohibited.

12.3. Any infringement of eworx’s copyrights shall give rise to claims for injunctive relief, defense, and damages, in which case full compensation must be provided.

12.4. The Customer is permitted to make individual copies for archiving and data backup purposes, provided that the software does not contain any express prohibition by the licensor or third parties and that all copyright and ownership notices are included in these copies without modification.

12.5. If the disclosure of interfaces is necessary to achieve interoperability of the software, the Customer must commission eworx to do so in exchange for reimbursement of costs. If eworx does not comply with this request and decompilation is carried out in accordance with the Austrian Copyright Act (öUrhG), the results may be used exclusively for the purpose of achieving interoperability.

12.6. Data and documents provided to the Customer—including, in particular, illustrations, drawings, calculations, and samples—constitute works within the meaning of the Austrian Copyright Act (öUrhG) and, as such, are the intellectual property of eworx. Without the express written consent of eworx, these may not be reproduced, modified, made available to private individuals and/or the public, and/or distributed.

12.7. The transmitted data and documents are subject to strict confidentiality and may not be made available to third parties without the express written consent of eworx.

12.8. Upon completion of the service in accordance with the contract, the data and documents transmitted by eworx must be deleted immediately, verifiably, and in their entirety by the customer or its agents (§ 1313a, § 1315 ABGB), or destroyed by other means, or returned to eworx upon its request.
 

13. Confidentiality and Data Protection

13.1. The contracting parties are obligated to treat as confidential any data, information, and documents they receive in connection with the use of the services provided by eworx, and they undertake to maintain confidentiality. The transmitted data, information, and documents may not be made available to third parties without the express written consent of the contracting party.

13.2. eworx is released from the confidentiality obligation under Section 13.1 with respect to any vicarious agents it employs, provided that eworx imposes its confidentiality obligation on them. eworx shall be liable for any breach of the confidentiality obligation by its vicarious agents as if it had committed the breach itself.

13.3. eworx processes the customer’s personal data necessary for the performance of the contract. Detailed information regarding data protection in accordance with Article 13 et seq. of the GDPR can be found on the eworx website at www.eworx.at/datenschutzerklaerung.

13.4. The customer is obligated to take all necessary data protection measures—in particular, obtaining the consent of the data subjects—so that eworx may process the personal data for the purposes of the contractual relationship.

13.5. The foregoing obligations shall remain in effect beyond the termination of the contractual relationship.
 

14. Termination of the Contractual Relationship

14.1. Continuing contractual relationships between eworx and the customer terminate upon
- the expiration of the agreed-upon term
- ordinary termination (Section 15)
- extraordinary termination (Section 17)
- the death of a natural person or the liquidation of a legal entity (Section 18)
 

15. Ordinary Termination

15.1. Unless otherwise agreed in writing, the contractual relationship between eworx and the customer may be terminated by either party with three months’ notice, effective at the end of a calendar month.

15.2. Notice of termination must be given in writing (see Section 23.2).
 

16. Waiver of the Right to Terminate in Continuing Contracts (Minimum Contract Term)

16.1. Unless otherwise agreed in writing, both parties waive their right to terminate the contract for cause for a period of 12 months from the date the contract is concluded.
 

17. Extraordinary Termination

17.1. Unless otherwise agreed in writing, the contractual relationship between eworx and the customer—if entered into for a fixed term—may be terminated by either party before the expiration of that term, or otherwise without notice, for good cause.

17.2. A good cause entitling the customer to terminate the contract for cause exists, in particular,
-if eworx is unable to fulfill essential aspects of the contractually agreed scope of services—despite a written request from the customer—for a period exceeding 14 days,
-in the event of a change to the General Terms and Conditions pursuant to Section 19.

17.3. A valid reason entitling eworx to terminate the contract extraordinarily exists, in particular,
-if the customer repeatedly breaches material contractual obligations,
-if the customer repeatedly defaults on payment despite a reminder and a threat of termination,
-if the customer fails to fulfill its obligation to provide collateral by the deadline (Section 3.17),
-if insolvency proceedings are initiated against the customer’s assets or if a petition to initiate insolvency proceedings is dismissed due to a lack of assets sufficient to cover costs. Section 25a of the Insolvency Code remains unaffected,
-if the customer provided incorrect information or concealed circumstances at the time the contract was concluded, which, had eworx been aware of them, would have prevented it from entering into the contract.

17.4. Termination must be made in writing (see Section 23.2).
 

18. Death of a Natural Person or Liquidation of a Legal Entity

18.1. If the customer is a natural person, a continuing contractual relationship between eworx and the customer terminates upon the customer’s death.

18.2. If the customer is a legal entity, a continuing contractual relationship between eworx and the customer terminates upon the entity’s liquidation.
 

19. Amendments to the Terms and Conditions

19.1. eworx is entitled to amend these Terms and Conditions at any time. In such cases, eworx will notify the customer of the changes by sending the amended Terms and Conditions to the address provided.

19.2. An amendment to the Terms and Conditions entitles the Customer to terminate the contractual relationship within a period of 4 weeks from the date of notification of the amendment. Notice of termination must be given in writing by certified mail.

19.3. If the customer does not terminate the contract within the period specified in Section 19.2, the amended Terms and Conditions shall be deemed accepted.

19.4. The amendment shall take effect as of the date specified by eworx to the customer in the notification pursuant to Section 19.1, provided that any fee adjustments shall not take effect until the next billing period.
 

20. Loyalty and Poaching

20.1. The contracting parties agree—including indirectly through third parties—to refrain from poaching or employing any employees of the other party who have been involved in the fulfillment of the goods deliveries and/or services for the duration of the contract and for 12 months after the contract has been fully fulfilled.

20.2. In the event of a culpable breach of Section 20.1, a contractual penalty equal to one year’s gross salary of the poached employee is agreed upon.

20.3. This contractual penalty is not subject to the court’s right to mitigate the penalty.
 

21. Place of Performance

21.1. Unless otherwise agreed in writing, the place of performance shall always be eworx’s registered office.
 

22. Collateral Agreements

22.1. Oral collateral agreements regarding contracts based on these General Terms and Conditions and/or regarding these General Terms and Conditions themselves are not permitted. Any amendments and/or additions to the contracts based on these General Terms and Conditions must be in writing to be valid. This also applies to any waiver of the written form requirement.
 

23. Correspondence and Electronic Business Transactions

23.1. All correspondence between the customer and eworx must include the order or contract number.

23.2. Legal declarations between the customer and eworx—such as, in particular, orders, order confirmations, ancillary agreements, notices of termination, etc.—satisfy the written form requirement if they are transmitted via email.
 

24. Jurisdiction

24.1. The exclusive jurisdiction for any disputes arising in connection with these Terms and Conditions and/or the contractual relationships between eworx and its customers, which are based on these Terms and Conditions, shall be the court with subject-matter jurisdiction at eworx’s place of business.
 

25. Choice of Law

25.1. Contracts concluded between the customer and eworx are governed exclusively by Austrian law, to the exclusion of national and supranational conflict-of-laws rules (IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods.
 

26. Severability Clause

26.1. Should any individual provisions in these General Terms and Conditions be or become legally ineffective, invalid, and/or void, the validity of the remaining provisions shall remain unaffected. A legally ineffective, invalid, and/or void provision shall be replaced by a legally effective and valid provision that comes as close as possible to the economic purpose of the provision to be replaced.
 

Additional Provisions for Hardware Rental

27. Obligations of eworx

27.1. eworx undertakes to deliver the rented equipment to the customer and to make it available for the agreed-upon period and for the specified purpose.

27.2. Unless otherwise agreed in writing, eworx is obligated to repair the rented equipment at the customer’s premises.
 

28. Customer’s Obligations

28.1. The customer is obligated to use the rented property in accordance with its intended purpose and to protect it from excessive wear and tear.

28.2. The customer bears the risk associated with the rented property, in particular the risk of destruction, loss, or deterioration. To safeguard the Rental Item, the Customer is obligated to insure it adequately against all risks foreseeable in the ordinary course of business.

28.3. The Customer is not permitted to make any modifications, repairs, or other alterations to the Rental Item or—without separate written consent from eworx—to have such work performed by third parties.

28.4. The Customer agrees to provide eworx with all cooperation necessary for repair and/or maintenance—in particular, access to the Rental Item. The unavailability of the Rental Item during repair and/or maintenance activities does not affect eworx’s right to payment.

28.5. In the event of a malfunction of the rented item, damage to the rented item, or theft of the rented item, the Customer is obligated to notify eworx immediately in writing, enclosing a description of the damage and the circumstances.

28.6. The customer may not transfer the rented item to third parties without eworx’s written consent.

28.7. If third parties assert rights to the rented item, the customer is obligated to notify eworx immediately.
 

29. Damages and Liability

29.1. eworx is not liable for general operational risks associated with the rented item.

29.2. eworx is liable for damages incurred by the customer that were caused by a defective rented item only in cases of gross negligence or willful misconduct. This does not apply to personal injury.

29.3. The customer is liable for all damage to the rental item caused by the customer’s fault.

29.4. The customer is liable for damage resulting from a delayed report of defects and/or damage.