1.1. HPC Duale Zustellsysteme GmbH (hereafter referred to as HPC Dual) provides the services listed under Item 2 of these General Terms and Conditions (hereafter referred to as T&C-HPC Dual) exclusively on the basis of the T&C-HPC Dual. The T&C-HPC Dual are therefore the basis of all orders that may be issued in the future by the client.
1.2. The client is informed of any changes to the T&C-HPC Dual, including the effective date of the changes, in electronic form, and these changes apply without further confirmation by the client, until declaration is made within one week of receipt of the modified T&C-HCP Dual of the intent to no longer place orders on the basis of the modified T&C-HPC Dual.
1.3. In addition to this general part, the T&C-HPC Dual consist of the attachments, which are an integral part of the T&C-HCP Dual, and in which further details about the order (in particular prices, forms, technical specifications) can be found.
1.4. The T&C-HPC Dual including their attachments govern the contractual legal relationship between HPC Dual and the client arising from the issue of the order. Deviations from them is not possible, in the interest of assignment in whole of the obligations of HPC Dual to sub-providers, due to the nature of the services to be provided by HPC Dual (a great many contracts from a great many clients). Oral agreements and agreements deviating from the T&C-HCP Dual do not exist. The client can invoke any such agreements only if HPC Dual has expressly confirmed them for the specific case in writing.
1.5. The validity of General Terms and Conditions of the client is expressly excluded; any contradictory and deviating conditions of the customer are valid only if HPC Dual expressly agrees them to in writing.
1.6. If any parts of the T&C-HPC Dual are not legally valid, this does not affect the validity of the remaining provisions. In the place of any invalid parts of the T&C-HPC Dual, a valid provision will be substituted that is beneficial to HPC Dual and is closest to the invalid provision in its economic and legal result.
2. HPC Dual Services
2.1. Dual delivery (integrated logistics service) from HPC Dual includes the following partial services:
2.1.1. Setup of an electronic registration site in the system.
2.1.2. Confirmation of receipt of the order (Item 4.1 and 4.2).
2.1.3. Sorting according to printing and delivery logistics, and forwarding for printing.
2.1.4. Generation of a hard copy of the message to be transmitted (addressed printout including envelope).
2.1.5. Domestic secure delivery service per Item 5, or documentation of any barriers to delivery (in particular, refusal of receipt, undeliverable status).
2.1.6. Mapping and documentation of the parts of dual delivery listed in 2.1.1 through 2.1.5 (integrated logistics service).
2.2. Dual delivery by HPC Dual does not include checking the contents of the mailing for correctness, legality, or completeness. The client indemnifies and holds HPC Dual harmless in this regard.
2.3. The outer appearance of the mailing adheres to the requirements of the client. Dual delivery by HPC Dual does not include checking the contents of the outer appearance of the mailing for correctness, legality, or completeness. The client indemnifies and holds HPC Dual harmless in this regard.
2.4. The client is to ensure that the mailings that he generates for dispatch are appropriately designed. If HPC Dual takes efforts to correct erroneously designed and posted mailings (such as if postage markings from the Austrian Postal Service - Österreichischen Post AG - are made on the mailings, even though the mailings are not to be delivered by the postal service), then HPC Dual is to be compensated for these efforts in the course of invoicing per Item 6.3.
2.5. Dual delivery from HPC Dual ensures that the addressed mailing is matched to the correctly addressed envelope.
2.6. The client acknowledges and agrees that HPC Dual does not provide dual delivery entirely by itself, but that it engages additional service providers of its choice to provide dual delivery, and issues orders or parts of orders to them on the basis of the T&C-HPC Dual and in accordance with legal privacy regulations.
2.7. Delivery of written documents under execution of the laws in other European countries is subject to the European Agreement on Deliveries. According to it, each participating country can allow persons that are in the sovereign territory of other participating countries to deliver written documents by "mail." The countries participating in this agreement are Belgium, France, Italy, Spain, Luxembourg, Estonia, and Germany. HPC Dual reserves the right to contract deliveries with the client for European countries that are participants in the delivery agreement.
2.8. For Germany, the "Delivery Reform Law - ZustRG" of 06/25/2001 (Federal Civil Code I Pg. 1206) clarified that the term "mail" refers to any contractor that is authorized under §33 Para. 1 PostG (Postal Service Law). Based on this legal definition, HPC Dual contracts with licensees that have not been released from this obligation to carry out formal deliveries. The licensee that is obligated to carry out formal deliveries in Germany is provided with sovereign authority for public registration. He is liable for damages that arise from breach of duty during execution of a formal delivery, under the regulations on liability for damages of a public law service provider for his agents in a sovereign area (per § 35 PostG).
2.9. In other European countries that are participants in the European Delivery Agreement, HPC Dual selects between the universal service provider or other licensees that are entitled to carry out formal deliveries.
3.1. In the course of dual deliveries, HPC Dual will take on only those mailings that are amenable to treatment in the sense of Item 2., in particular that can be sorted electronically and distributed electronically for printing and delivery.
3.2. Dual delivery, therefore, in particular does not include shipment of goods, money or equivalents, insured letters, postcards, documents in Braille, and attachments/enclosures of any type that cannot be generated in the course of integrated logistics services by HPC Dual (e.g. plastic cards of all kinds).
3.3. The client may therefore only enter such mailings into the system that are suitable for forwarding and processing in the course of dual delivery by HPC Dual.
4. Order and Acceptance
4.1. The client issues the order to process a mailing in the course of dual delivery by sending it to the system's registration site (Item 2.1.1.) The client must indicated the type of delivery (compare Item 5.3). Receipt of the mailing is confirmed by the system.
4.2. The receipt confirmation (Item 4.1.) serves as confirmation and acceptance of the order, if HPC Dual does not decline receipt within 24 hours after the order is entered, which HPC Dual is entitled to do without providing any reason.
4.3. If, in the course of carrying out the order, it turns out that the mailing is not suitable for processing in the course of integrated logistics service by HPC Dual, then HPC Dual will inform the client of this within 24 hours after determining the lack of suitability.
4.4. The client is entitled to stop the order up until delivery/communication of lodgment. In this case, he is obligated to pay all printing costs as well as 50% of the agreed delivery costs.
4.5. Large orders (promotional delivery quantities of more than 50,000 mailings) are to be announced at least one week before entry in the registration site, in order to allow for preparation of the system for the delivery quantity (printer capacity, couriers, forms, and return receipts).
5. Secure Deliveries
5.1. To the extent that HPC Dual - in particular in the course of delivery - administers governmental functions, HPC Dual acts in the name of the client and is bound by its instructions. In this connection, HPC Dual does not make independent decisions, exclusively follows the client's order, and acts on behalf of the client whose document is to be delivered with regard to ensuring the legality of the delivery.
5.2. Delivery is done in accordance with the requirements of the Delivery Law (Federal Civil Code 1982/200, in the valid edition, currently Federal Civil Code I 2004/10) using the delivery forms shown in the Delivery Form Regulation 1982 Federal Civil Code 1982/600, in the edition of Federal Civil Code II 2004/235 (Attachment 1 Delivery Forms).
5.3. HPC Dual will therefore implement the client's official delivery disposition, which is to include the delivery address and identify the recipient as unambiguously as possible, as well as indication of whether the delivery is to take place with or without proof of delivery, or is to be made to a specific person, and finally any other notations needed for delivery, in particular per §§13-16 Delivery Law.
5.4. For deliveries without proof of delivery, HPC Dual will deliver the document in that it will be placed in the mailbox assigned to the delivery location (mail slot, house mailbox) or left at the delivery location. The client is informed of undeliverable mailings with a record (negative scan).
5.5. For deliveries with proof of delivery or to a specific person, HPC Dual will send the report of successful delivery, or proof of delivery in electronic form if desired, to the client, and keep the original in such a manner to allow retrieval and presentation within 14 days of a request by the client, which will only happen if the recipient challenges the validity of the signature. Except in this case, the original of the proof of delivery will not be provided, and the client agrees that the printed name of the recipient together with the printed date of delivery and a digitalized or electronically recorded signature of the recipient serves as proof of delivery, and that the clear reproduction of the recipient's signature is unambiguous evidence of delivery to the recipient. HPC Dual will retain proof of delivery for the duration of the working relationship, and return it to the client upon termination. Termination is a written declaration of intent to no longer make use of the integrated logistics service, or no longer to make it available.
5.6. Delivery by drop takes place, per § 17 Delivery Law, at the authorized municipal office / magisterial district office, or at the client, if he is in the same municipality. HPC Dual will provide written notice of the drop to the recipient in the sense of § 17 Para. 2 Delivery Law, and convey the mailing to the authorized drop location (recorded list of drops.) Drops without a previous delivery attempt in the sense of § 23 Delivery Law are not made in the course of integrated logistics services.
5.7. If the recipient is not regularly at the delivery location, then HPC Dual will inform the client of this fact. Forwarding to another domestic delivery location will be done only upon request by the client, and is treated as a new order.
5.8. Delivery in accordance with the requirements of document exchange takes place by providing means, including providing building space intended for this, and forwarding by third parties that allow delivery by the company itself, by mutual exchange of postal mailings between the users making use of these services. The client is to ensure in his customer relationships (General Terms and Conditions) that the addressee of his mailings is in a long-term debt relationship with the client with reference to the service, and that the service provided is to be paid for by the recipient, in particular with regard to delivery. Mapping of the service provision is done by the delivery system for dual delivery using exchange sites, which can also be used alternately, as a result, to exchange mailings between the client and the client's addressee.
6.1. Payment for dual delivery, as well as printing and letter shop services, is agreed to with reference of the concrete order. Price reductions, discounts, rebates, or similar are provided only with a specific written agreement.
6.2. The payment agreed upon per Item 6.1 is due upon receipt of the invoice. In case of late payment, HPC Dual is entitled to charge late payment interest in the amount of 12% annually. In case of failure to pay, the client is further obligated to repay any collection fees.
6.3. Invoicing takes place monthly. HPC Dual will provide, in addition to the invoice, the list of integrated logistics services and parts of it. Payment takes place by direct debiting/debit memo.
7.1. HPC Dual is liable to the client - for any legal reason whatsoever - in particular in case of loss, damage or delay - fundamentally only for grossly negligent or intentionally caused damages, if the defects or delays are reported in writing within a week after placing the mailing in the mailbox of HPC Dual - for any other loss of claim rights. The presence of intent or gross negligence is to be proven by the client.
7.2. In all cases, the liability of HPC is limited to € 72.67 per mailing.
7.3. Claims for damages against HPC Dual are to be made legally valid by the client within six months after obtaining knowledge of the damage and the damaging party; regardless of this knowledge, three years after placement of the mailing in the HPC Dual mailbox.
7.4. Delay that incurs liability exists no sooner than if mailings arrive at the recipient later than five working days from the day after the date of arrival of the mailing at the registration site, or later than seven working days (excluding Saturdays) from the date of arrival of the mailing at the registration site. These periods are doubled if the delay is due to a significant increase in delivery quantities without prior notice. The period stops if the delays are not the responsibility of HPC Dual.
8. Mail Confidentiality, Privacy, Nondisclosure
8.1. HPC Dual and the client agree, under legal regulations, to ensure mail confidentiality and to observe any valid privacy regulations.
8.2. HPC Dual and the client will maintain absolute confidentiality about any internal matters of the contractual partner that are discovered This obligation continues even after termination of the working relationship.
8.3. HPC Dual will, in particular, assign the obligations arising from the previous Items 8.1. and 8.2. to any service providers it engages as well, and monitor their compliance with these obligations.
9. Other Provisions
9.1. All agreements regarding dual delivery by HPC Dual are subject exclusively to Austrian law. Jurisdiction is either Vienna or the general place of jurisdiction of the client, at the discretion of HPC Dual.
9.2. The contact partner for the client in any dispute is HPC Dual. HPC Dual will make contact with any subcontractors it engages.
9.3. Any counter claims may not be applied against payments, unless the counter claim is legally connected to the client's debt, and is determined by a court or recognized by HPC Dual.
9.4. Claims against HPC Dual may be assigned only after prior written agreement by HPC Dual.
9.5. Changes and extensions to the T&C-HPC Dual, other agreements about dual delivery by HPC Dual and changes to them, must be made in writing, without exception. This also applies to the agreement to abandon the requirement for written agreement.