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General Terms and Conditions

For reasons of better readability, the masculine spelling is generally used. At this point, we expressly point out that both the masculine and feminine spelling is meant for the
corresponding contributions.
General Terms and Conditions
1 General agreements
TeLo checks the apparent accuracy of the documents/confirmations provided or verbal information within the scope of
our expertise. It is generally assumed that they are correct. A detailed review of the content of the confirmations must
be ordered separately
The client shall provide all necessary information within the appropriate timeframe in digital form or on paper or
through personal discussions. Text data must be provided in a format readable by the Office product family, drawings
and plans in DWG or PDF format.
If product-specific standards are not available at TeLo, they will be procured by TeLo and invoiced to the client.
2 Prices
Prices are exclusive of VAT.
Our offers are to be understood as target price offers. The actual billing takes place in 15-minute units based on the
actual amount of work done.
For projects with a term of more than 2 years from the order date, we allow ourselves an annual increase (first time
after 2 years) of the hourly rates according to the consumer price index (starting quarter = offer date) or as agreed in
the framework agreement.
Furthermore, we reserve the right to charge for additional expenses that result from knowledge that was
unforeseeable at the time the offer was made or the order was placed.
These findings can be unforeseeable





changes in the legal situation.
changes in standards or technical regulations; this may occur in particular if the project takes a long time to
complete.
official requirements.
changes in essential design features, limits of use, responsibility or delivery announced by the client.
changes to the delivery limits.
3 Delivery
Dates by arrangement.
The documents are designed in the TeLo design by standard.
The documents created are sent to the client in digital form as a PDF.
The TeLo documentation language is ENGLISH.
4 Explanation of the scope of delivery
According to the quotation calculation, one version of the respective document offered is included (see exceptions 0,
4.2, 4.3).
Additional versions and extended versions of the document commissioned in each case, which arise at the request of
the customer or supplier coordination, require an additional order or are invoiced according to actual expenditure.
4.1 Scope: Risk evaluation / risk assessment
The service includes the following documentation steps:



a basic version (revision a) to define all further steps,
an intermediate version (revision n1) to coordinate the measures and responsibilities, and
the submission version (revision n2), which records the project status at the agreed time. This version can
also contain open points (in case of missing customer realisation).
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© 2025 TeLo GmbH4.2 Scope: HAZOP study
The price includes the creation of interim statuses for revision “a”.
4.3 Scope: Validation and initial inspection
Hardware validation, software validation and the VEXAT initial inspection are one-off inspections. Further inspections
or re-inspections are charged at cost.
5 Retention of title
The information and documents supplied remain the property of TeLo GmbH until payment has been received.
6 Copyright and rights of use
6.1 transfer of the rights of use:
After full payment of the services contained in the offer, the client shall receive the non-exclusive right, unlimited in
time and territory, to use, reproduce and distribute the delivered documents unchanged for internal and external
purposes.
6.2 restriction of the right to edit:
Editing of the documents, including changes, shortening, additions or removal of logos, is only permitted with the prior
written consent of the contractor (TeLo GmbH). This applies regardless of whether the processing is for internal or
external purposes.
The use of the delivered documents as a template, e.g. by removing content or redesigning the document into a
‘blank’ document for further use, also falls under the right to edit and requires the prior consent of the contractor (TeLo
GmbH). In particular, the passing on of such edited or remodelled documents as supposedly ‘own’ documents is
prohibited.
6.3 use of extracts:
Extracts from the documents supplied may only be made with reference to the original document and its author
(named as © TeLo GmbH). Any use without this reference is not permitted.
6.4 protection of copyrights:
The copyrights to the documents shall remain fully with TeLo GmbH. The client undertakes to use the delivered
documents exclusively within the scope of the agreed rights of use and to refrain from any infringement of copyrights.
7 Confidentiality
The parties (TeLo and the client) undertake to keep information disclosed in connection with the activity confidential
and shall take all necessary measures to prevent third parties from gaining knowledge of it and utilising it. TeLo
employees are already obliged to maintain confidentiality in this respect on the basis of their contract of employment.
Information will only be passed on to third parties if disclosure is required by law.
8 General liability
TeLo cannot be held liable for errors that arise due to incorrect or incomplete information provided by the client. For
damages (personal injury, property damage and financial loss) arising from the activities of TeLo, there is a liability
insurance (contractual basis: ABHP in the current version) of EUR 5.000.000, --. TeLo can assume liability worldwide
(excl. USA/Canada) up to this amount.
Liability towards third parties is excluded.
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© 2025 TeLo GmbH9 Signature of the EC Declaration of Conformity by TeLo
By signing the EC Declaration of Conformity according to the Machinery Directive 2006/42/EC, TeLo GmbH (in short:
TeLo) as the manufacturer's authorised representative assumes liability for ensuring that the obligations and
formalities according to the requirements of the Machinery Directive 2006/42/EC are complied with for the machine or
set of machines under consideration in accordance with the specified intended use.
9.1 Prerequisites
9.1.1 TeLo commissioning:
TeLo must be commissioned to draw up and sign the declaration of conformity as an authorised representative of the
client.
9.1.2 TeLo competence:
TeLo must have the necessary implementation competences for this.
This means,
a) that all safety-related deviations must be corrected (within an appropriate time frame) after criticism by TeLo,
including at the interfaces of plant components "lawfully" placed on the market (e.g. machines in the area of
responsibility of subcontractors, etc.). The plant components must comply with the applicable "state of the art"
and the requirements of the applicable directives at the time they are placed on the market.
TeLo will act appropriate and solution-orientated in case of deviations from standards, according to the risk;
b) that all documents required to carry out the conformity assessment procedure according to Machinery
Directive 2006/42/EC Annex VII 1 A. are transmitted to TeLo for examination upon request, even if they do not
have to be handed over to a final customer according to the directives. This includes, e.g. P&IDs, drawings,
risk assessments, calculation bases, CE documents of sub-suppliers, operating instructions, residual risk lists,
circuit and hydraulic diagrams, parts lists, component data sheets etc.
c) that all enquiries on the part of TeLo must be answered promptly by the customer
d) that the "official" transfer of information to the companies involved, about the safety status of the machine
takes place via the client.
Should TeLo not have the necessary implementation competence (support from the client is necessary, as only the
client has a direct contractual relationship with the suppliers), TeLo can and will NOT sign the declaration of
conformity. Irrespective of this, the client undertakes to pay for all services provided by TeLo up to this point.
9.2 TeLo responsibilities:
Depending on the scope of the order, TeLo shall be liable for damages (personal injury, property damage and
financial loss),
a) which have occurred as a result of unrecognised safety-related defects at the interfaces between machine
components or plant parts (delivery limits of sub-suppliers) and/or
b) which have arisen as a result of obviously insufficient risk reduction of safety-related defects at these
interfaces.
Sufficient risk reduction refers to the specified "intended use" and "reasonably foreseeable misuse".
10 Jurisdiction
Place of jurisdiction: A-8160 Weiz
In addition, the general terms and conditions of Austrian engineering offices - Austrian laws apply.
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© 2025 TeLo GmbH

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