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General terms and conditions of business:

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Provider:                          Kolektiv Austria L.L.C. (hereinafter referred to as “collective” or “PROVIDER”)

Company register number:     811971416

Address:                           Remzi Hoxha 7, 71000 Kacanik

Telephone:                            +383 43 508 437  

Email:                              fischer@julians.at

1. General Provisions

1. For the business transactions of Kolektiv Austria L.L.C. (usually “provider” or “collective” for short) the following general terms and conditions apply exclusively. These are part of all contracts that the provider concludes with its contractual partners (usually also called “client”) regarding the deliveries or services offered by the provider - regardless of the type of legal transaction. All declarations of intent under private law are to be understood on the basis of these General Terms and Conditions. The General Terms and Conditions also apply to all future deliveries, services or offers to the client, even if they are not agreed separately again. 

2. Terms and conditions of the client or third parties do not apply, even if the provider has not specifically objected to their validity in individual cases.

3. These terms and conditions apply to all legal transactions; for consumer transactions within the meaning of the KSchG (Consumer Protection Act), but only to the extent that they do not contradict the provisions of the KSchG. 

4. Several clients are jointly liable for obligations and liabilities. 

5. Employees of the provider are not authorized to make different agreements or promises. 

6. Unless it is a consumer transaction and nothing else has been agreed, a cost estimate is generally in writing, non-binding and free of charge. This fee will be deducted from the order total when the order is placed. Simple verbal cost estimates are non-binding and free of charge. 

7. All plans, sketches and technical documents as well as brochures, catalogs, samples and the like remain the property of the provider. Any publication, distribution, reproduction or exploitation requires the express written consent of the provider. If they are used without the consent of the provider, a fee of 25% of the planning or production costs must be paid, as is the case for works within the meaning of the Copyright Act, even if it is not a work under the Copyright Act. The client agrees that photographic material is produced by Kolektiv and that Kolektiv may use it without restriction for publication for advertising purposes and as reference documents. The Kolektiv is therefore authorized to publish any kind.

8. For disputes arising from the business relationship between the provider and the client, the exclusive jurisdiction of the court with subject matter jurisdiction for A-6091 Götzens is agreed; this with the restrictions specified for consumers. Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of international private law (e.g.: EVÜ, Rome I-VO, Rome II-VO). The contract language is German. 

9. The client(s) is/are obliged to announce changes to his/her residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they are sent to the last announced address.

10. Should provisions of these General Terms and Conditions be or become legally ineffective, invalid and/or void, this will not affect the legal effectiveness and validity of the remaining provisions. In this case, a legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision must be replaced by one that is legally effective and valid and, in its economic impact, corresponds to the replaced provision - to the extent possible and legally permissible. corresponds.

1. Provisions for foundationless and transported houses

1. The service offered by Kolektiv is the sale of foundationless and transported houses. These are built using modular construction. The term modular construction means that a building is assembled from a series of spatial units to form a complete structure. The prefabricated modules are transported to the installation location specified by the client and placed on the foundations prepared by the client. The provision of an area or a foundation suitable for installation is not part of the collective's service. The services provided by Kolektiv depend on the offer created. Service components not mentioned in the offer are not the subject of the service provided by Kolektiv. By using the modules, the Kolektiv can create different floor plans like a modular system. Based on defined basic modules, individual floor plans can be created.

2. All modules are delivered prefabricated to the location specified by the customer. The degree of prefabrication is based on the offer created and the service description contained therein.

3. The basis for the business relationship is the specific offer with these terms and conditions.

4. The builder(s) (= the client(s)) assure that they are the entitled party (building rights, ownership, servitude, tenancy law, super title) of the land area (= the building plot) made available for the construction of the houses/modules. The order ensures that the building plot is suitable for development and that the required soil properties are present.

5. The measurement or adjustment of the structure on the building plot is carried out by the client. The height reference point specifications are taken from the submitted planning or the building permit. The property boundaries are marked out by the client. 

6. The area information in an offer prepared by Kolektiv and in the plans created by it are exclusively net floor areas. The net floor area is the sum of all the floor area between the rising components, including the area of the stairs on each floor. This does not correspond to the eligible living space, which is calculated in each development area in accordance with the local funding guidelines. Due to technical changes to the wall thicknesses, the area information in the project plans is valid.

7. The standard room height for the modules is approx. 2 ½ meters. This room height applies to a floor structure over the raw construction (screed, covering) of around 8 cm. If the client requests a different floor covering, the room height will change accordingly.

8. Necessary precautions to avoid danger or impairment of the client, third parties or other trades (e.g. dirt, dust, noise, moisture, etc.) must be commissioned and paid for separately by the client, unless this is regulated in the offer . (Construction/power) electricity and water must be provided by the client free of charge. The offer was created on the basis of unrestricted provision of services (access options, no building ban periods, etc.), costs resulting from obstructions must be borne by the client. If necessary, the client must arrange for an inventory (preservation of evidence) before construction begins. 

9. In the event of a delay in work or a complete failure of the services to be provided by the provider due to disruptions or failure of the stated provisions on the part of the client, for which the client is responsible, the provider reserves the right to additionally charge the client the resulting verifiable costs.  

10. The client/client must comply with or fulfill the regulations and requirements of the Construction Work Coordination Act (BauKG) in the currently valid version. In principle, the services and costs of coordination are not included in the provider's offers and must be paid additionally by the builder/client. Unless expressly agreed otherwise in writing, the provider is neither a planning nor a construction site coordinator within the meaning of the BauKG. 

11. All necessary building and access permits and other necessary permits and declarations of consent must be obtained by the client in a timely manner at his own expense. 

12. The static dimensioning is tailored to the specific construction project. The factors of local snow loads, wind loads and possible earthquake risks, as well as the respective building regulations of the respective federal state (depending on the installation location) form the basis for the dimensioning of the supporting elements. Corresponding reference values are also taken into account for the wind and earthquake loads in the calculation , which cover a large part of the requirements in the Austrian federal territory, because reinforcement measures may still be necessary in certain individual cases (e.g. special ground conditions, increased and local load information according to possible legal requirements and the like). These will be charged to the client based on the appropriate effort. In order to be able to determine the correct load information according to the relevant standards, the exact location of the property must be announced by the client. The snow, wind and earthquake loads are then determined based on this information from the client. Information about the actual soil classes on the property will be provided by the client in a timely manner if necessary. For the correct execution of the substructure (basement/floor slab), following the statistical calculation, RaumManufkaktur will provide the appropriate documents for the executing/authorized company. The correct implementation is the responsibility of the client and is not part of Kolektiv's service. The subsoil risk lies in the exclusive sphere of the client.

13. If it is to be expected that there is a risk of damage to the services carried out, trades or the existing building (e.g.: glass, electronic systems, fencing, etc.), the client must take out construction insurance and also ensure that the construction site is adequately protected to care. 

14. A sufficiently large and suitable storage area must be provided for all (building) materials. Access must be possible with a truck and trailer, and also with a crane. If reloading becomes necessary, the client will be charged additionally for this. If preliminary work is required by the client, it must be completed at least to such an extent that the provider can connect to these trades and carry out his work in one go. If this is not possible and the provider would therefore have to travel several times, the client will also bear these additional costs. 

15. Depending on the (state) legal regulations, proof of a shading system in accordance with the so-called Energy Saving Ordinance, i.e. summer thermal protection, may be required for building approval. For the south-facing glass surfaces, static sun protection in the form of wooden elements can be ordered at the client's request. Unless a shading system is expressly stated in the offer, the client is solely responsible for providing suitable sun protection or a suitable shading system in order to obtain a building permit.

16. With regard to the electrical installations, it is agreed that the client will carry out the supply of the electrical installation to the position of the meter box or distribution box. The electrical installations are carried out in accordance with the relevant technical regulations, with the cable routing within the wall partly being carried out in pipes. Installation in the ceiling elements takes place without piping. Sockets and light switches are installed, empty pipes for telephone and TV or Internet are built into the wall structure. Outlets for terrace and entrance lighting as well as for the doorbell will be provided.

17. The meter or distribution box is not included in the Kolektiv services. The customer must have the delivery, installation and installation of the same carried out by a licensed electrician. If the building authorities or the electricity companies have to provide safety protocols or proof of execution for the electrical installation, the client must provide this independently. The test results for the electrical distribution or meter box as well as for the electrical installations carried out are required for submission to the building authority. The client must obtain this evidence independently from the electrician he has commissioned. The test findings do not apply to the cable junction box or the house supply line.  

18. The lightning protection is carried out using aluminum round wire in accordance with the legal requirements and regulations for electrical engineering as well as ÖVE and other relevant standards. The production of the connecting flags in the foundation is not part of the Kolektiv's service.

19. The Kolektiv expressly points out that in some federal states, acoustic fire alarms or smoke alarms are required by building regulations in the lounges and in the area of escape routes. These are not included in Kolektiv’s scope of services.

20. The Kolektiv's services begin from the top edge of the foundation or floor slab, or in the case of an existing cellar from its ceiling. The connections for cold water and the drain connection are completed for the sanitary objects drawn in the floor plans created by Kolektiv, including the kitchen sink. The water pipe (hot/cold water) is designed with food-safe and corrosion-resistant pipes. Sewer pipes are made from plastic pipes; the main line is vented via the roof. The built-in cistern for the wall-mounted toilet is installed in the sanitary attachment shell. The installations are carried out in the walls up to the top edge of the foundation. The laying up to the house connection for the water pipe and sewer pipe, the creation of water meters, pressure reducers, water filters and water treatment systems, the official processing and the acceptance of the installation are not the subject of the Kolektiv, but are to be carried out by the client. If a corresponding order is made by the client and this is included in the offer prepared by Kolektiv, a prefabricated domestic water connection, consisting of a water meter plate, pressure reducer, water filter and water treatment, can be created for an additional charge. 

21. The client receives a floor plan (top view plan) of the foundations, which contains all the necessary recesses for sanitary installations. All dimensions of this plan must be adhered to exactly in order to avoid replanning and thus a blatant increase in price. To make angle measurements easier, diagonal dimensions are entered, which must also be adhered to exactly. As a maximum tolerance level for all foundation or Basement ceiling dimensions maximum deviations of +/- 0.5 cm in height (ceiling level) are tolerated. Pipes for sewers, water connections, etc. must not protrude above the level of the foundations, as these could be damaged during house assembly.

22. After the completion of the foundations/basement, the Kolektiv will carry out an inspection of the basement ceiling and/or the foundations. The obligation to warn and the associated inspection activity regarding this work, the execution of which is an absolute prerequisite for the start of assembly, can necessarily only extend to those defects that are visible from the outside and which can be confirmed by comparison with the plan view of the foundations or the Cellar ceiling can result. Kolektiv does not carry out an inspection for hidden defects; only a visual inspection or dimensional inspection is carried out. An inspection of the building site provided by the client (in particular the soil conditions and the boundary) is not part of the contract and is not carried out by Kolektiv. When the dimensions are checked, an inspection report is created in which any defects that may be present are listed. Dimensional and level deviations are recorded in a plan attached to the report. The builder/client is obliged to rectify these defects by the installation date communicated to him in writing; otherwise, the client must bear all resulting costs and/or delay consequences (delay in acceptance).

23. The client must obtain a legally binding building permit by the expected delivery date of the modules and forward this to Kolektiv. It is agreed that the production of the modules will only begin once the legally binding building permit has been received. Delays in the submission of the legally binding building permit will postpone the agreed delivery date accordingly. The client must also create any necessary and/or prescribed area compensation and this must also be hardened. Furthermore, all cellar access and exit openings must be finished so that the cellar ceiling is load-bearing. If there is a floor slab instead of a basement ceiling, it must be completely sealed before installation to prevent the floor slab from diffusing out and rising soil moisture. In addition, the excavation pit must be backfilled and compacted; Light shafts and basement windows also have to be finished.

24. The service is deemed to have been completed and the work has been handed over and accepted at the latest when it is used by the client. 

25. The provider is entitled to issue partial invoices based on construction progress. The invoiced amounts are due for payment without deduction of coverage and liability reserves. 

26. Unless otherwise agreed, the following payment method or payment deadline applies to invoices or partial invoices:

• 50% of the order amount upon signing the contract

• 40% of the order sum at the start of construction/execution 

• 10% of the order total upon completion/acceptance of the delivery or work.

1. If partial services or partial invoices are not paid by the client in the agreed payment term or mode, the provider is entitled to cancel or discontinue its (further) provision of services or work after setting a grace period of 10 days. 

2. At the provider's request, the client must present an abstract bank guarantee from an Austrian credit institution for the entire order amount when signing the contract. In the event that this bank guarantee is not presented, the provider is entitled to wait until this abstract bank guarantee is presented before starting its services/work.

3. If billing is carried out on a direct basis, the provision of materials, construction management, the use of work equipment, tools, machines, vehicles, etc. are taken into account. billed separately according to (time) expenditure. The provider assumes no liability for the material provided by the client. Likewise, this material is not checked. 

1. General delivery and payment conditions:

   1. Conclusion of contract

      1. Offers from the provider are non-binding and subject to change unless they are expressly marked as binding or contain a specific acceptance period. The concluded contract, including these general terms and conditions, is exclusively decisive for the legal relationship between the client and the provider. 

      2. The contract is only concluded when the offer is accepted by the contractor/customer. Acceptance of an offer made by the provider is generally only possible with regard to the entire service offered. 

      3. If the provider's order confirmation contains changes to the order, these are deemed to have been approved by the client unless the client immediately objects in writing (except for consumer transactions).

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      5. In the event that the client is not granted a legally binding building permit, the contract can be terminated by a written declaration to the other contracting party. This means that each part of the contract only has to provide or pay for the services already received, such as consulting and planning services. Even if the project is canceled before the order is signed (but after preliminary work has already been carried out) or after the legally binding building permit has been issued, it is agreed that in this case the Kolektiv's previous services will be reimbursed based on actual effort, but at least an amount of EUR 3,000 (three thousand). including statutory sales tax.

1. 1. Delivery and shipping, delay in acceptance

      1. Unless, in exceptional cases, fixed dates have been agreed upon, the stated delivery dates are considered as expected dates. The actual delivery date must be agreed with the client no later than 14 days before the expected delivery date. If the client/customer is not present at this date or has not taken the appropriate measures or preparations to carry out the delivery, the client/customer will be in default of acceptance. At this point, all risks and costs, such as: B. Transport costs, storage costs at reasonable prices at his expense; This also applies to partial deliveries.

      2. Unless a total delivery has been agreed, the client is obliged to accept partial deliveries. 

      3. If the provider exceeds an agreed delivery date by more than 14 days, the client must set a reasonable grace period of at least 14 days. The client can only withdraw from the contract after this grace period has expired. Claims for damages caused by the client due to a delay in delivery can only be asserted against the provider if the provider is attributable to at least gross negligence. 

      4. If delivery “ex works” has been agreed, but the client wishes the work to be transported to a specific location in his name and on his account, he must determine the type of transport. In the absence of a special order, transport by rail, post, freight forwarder or freight carrier must be accepted. From the handover of the trade to the latter, the provider has fulfilled its delivery obligation and, unless the underlying transaction is a consumer transaction, must only provide warranty obligations at the place of handover to the carrier. 

1. 1. Acceptance, fulfillment, transfer of risk

      1. If no specific delivery location has been agreed, the place of performance is the provider's registered office, i.e. Remzi Hoxha 7, 71000 Kacanik.

      2. If the client does not accept the contractual goods, work or service at the right place or at the right time, the provider can withdraw from the contract by granting a reasonable grace period. The client is liable for all resulting damage. In the event of imminent danger, the provider can make the best possible use of the goods for the account of the client without becoming liable to pay compensation to the client. The provider can carry out storage at the client's expense - including with third parties. 

      3. All risks, including those of accidental loss, are transferred to the client at the time of fulfillment (transfer of risk). For delivery ex works, the time of fulfillment is deemed to be receipt of notification of readiness for dispatch plus a reasonable collection period of a maximum of 14 days, in other cases with delay in acceptance. 

1. 1. Warranty, obligation to give notice of defects and compensation for damages:

      1. The warranty period from the transfer of risk is six (6) months for movable items and two (2) years for immovable items. 

      2. Sections 924 and 933b ABGB do not apply. If there is a defect that can be remedied, the provider will fulfill the customer's warranty claims at its discretion, either through replacement, repair within a reasonable period of time or a price reduction. Claims for damages by the client aimed at rectifying the defect can only be asserted if the provider has defaulted on fulfilling the warranty claims. 

      3. The client must notify the provider in writing immediately of any defects that were not already complained about in writing upon acceptance, but no later than within one week of their discovery. The complaint must be sufficiently justified and supported with evidence. If a complaint about defects is not made or not made in a timely manner, the provider's service is deemed to have been approved. 

      4. The provisions regarding damages contained in these General Terms and Conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim. 

      5. The regulations provided for in the Consumer Protection Act apply to contracts with consumers. 

1. 1. Retention of title 

      1. All items and documents (in particular plans and calculations) are handed over by the provider subject to retention of title and remain the property of the provider until the fee has been paid in full. In the event of default, the customer is entitled to take it back at any time.

      2. If the provider demands the return or withdrawal of the items or documents subject to retention of title, this will only constitute withdrawal from the contract if this is expressly declared. 

      3. The client bears the full risk for the reserved items, in particular for the risk of destruction, loss or deterioration.

1. 1. Prices

      1. In principle, the prices stated in the client's order confirmation plus statutory sales tax are decisive. Prices are given in Euros. Unless the statutory sales tax is expressly stated, these are net prices.

      2. Unless a total/flat-rate price agreement has been expressly agreed upon, the unit prices offered will be billed depending on the extent.

      3. Any special requests from the client are generally not included in the offer prices and must therefore be paid for separately by the buyer. 

      4. Order extensions are also valid without separate submissions of a subsequent offer, even if they were made orally or are conclusively accepted through execution. The existing contractual agreement applies mutatis mutandis to the expanded scope.

      5. If services are changed by the client or the construction management after the order has been placed, the contractor is entitled to make a corresponding price adjustment.

      6. The contractor is entitled to offset price increases that occur after the contract has been concluded/the offer has been made, which are caused in particular by collective wage increases or by other costs necessary to provide the service, such as those according to industry-standard indices for materials, energy, transport, external work, financing and the like . In return, price reductions for these factors are of course passed on to the client. The starting point for the calculations is the index numbers announced at the time of the offer; Fluctuations up to and including 3% up and down are not taken into account.

      7. Unless otherwise agreed, payments are due immediately upon receipt of the invoice without any deductions.

      8. Payments will be offset against the oldest claim against the buyer.

      9. If the payment date is exceeded or in the event of default, the contractor is entitled to charge interest on arrears in accordance with Section 1333 Paragraph 2 of the Austrian Civil Code (ABGB) or in accordance with Section 352 of the Austrian Commercial Code (UGB) for business transactions, as well as to demand reimbursement of any dunning/collection costs and legal fees. After an unsuccessful reminder, the contractor is entitled to commission a debt collection agency or a law firm, the costs of which must be reimbursed by the client up to the maximum amounts specified in the Federal Ministry's regulation. Likewise, the contractor is entitled, at his own discretion, to store the goods with a freight forwarder of his choice at the expense and risk of the client until the delay no longer occurs. These legal consequences expressly apply even if the client is a consumer.

      10. Against claims of the contractor - with the exception of counterclaims that have been determined in court or expressly acknowledged in writing - any offsetting with any counterclaims of the client is excluded. 

1. 1. Damages

      1. In the case of compensation, the provider is only liable in the event of intent or gross negligence.

      2. In the event of slight negligence, the provider is only liable for personal injuries.

      3. All claims for damages expire - unless the client is a consumer - within 6 months of becoming aware of the damage and the perpetrator.

      4. The provider is not liable for further claims, in particular indirect damages, lost profits, consequential and financial losses, or damages from third-party claims.

      5. If, in whatever case, a contractual penalty/penalty has been agreed at the expense of the provider, this is subject to the judicial right of moderation. The provider is expressly not liable for the assertion of claims for damages that go beyond this agreed penalty/contractual penalty.

1. 1. Miscellaneous:

      1. The customer data is stored and processed electronically within the permitted framework of the Data Protection Act. The data is only used to comply with legal regulations and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract. 

      2. In order to ensure proper business transactions, the client declared his consent in accordance with Section 107 TKG (Telecommunications Act 2003), so that the provider may contact him at any time without restrictions by means of telecommunications and electronic mail. 

      3. If data is lost or falsified via telecommunications or electronic mail, the provider assumes no liability.

2. Right of return - consumer's right of withdrawal when concluding a distance selling contract (according to the Distance and Away Sales Act - FAGG)

The customer as a consumer within the meaning of the KSchG (Consumer Protection Act) is informed that, in accordance with Section 3 KSchG and Section 11 FAGG, he has the right to withdraw from the contract up to 14 (fourteen) calendar days after conclusion of the contract and delivery of the legal instructions. This exists if the customer has submitted his contractual declaration outside the business premises of the entrepreneur and not at a trade fair or market stand and begins with the delivery of the legal instructions, at the earliest with the conclusion of the contract. 

In accordance with Section 11 FAGG, the consumer can withdraw from a contract concluded via distance selling (e.g. e-mail, telephone) or his contractual declaration made via distance selling within 14 (fourteen) calendar days of receipt of the ordered goods. This period begins with the arrival of the goods to the customer. 

The right of withdrawal does not apply to goods that are made according to customer requirements, that are clearly tailored to personal needs, that are not suitable for return due to their nature, such as a tiny house or mini house. 

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