General Terms and Conditions (AGB)

1. bases of the offer

1.1
The following order is decisive for the delivery and execution of installation work:

a. Offers, order confirmations, contracts for work and services
b. these General Terms and Conditions (GTC)
c. SIA standards no. 108, 118, 118/380
d. Regulations and standards NIN, NIV, Swisscom, EW
e. Plans and technical specifications of the customer

1.2
Plant descriptions, designs, models, drawings and calculations are the property of the company and may not be reproduced or made accessible to third parties without written permission.</p

1.3
Offers are subject to change with regard to prices and delivery times. Wage and material price changes may be invoiced.</p

1.4
An order is usually concluded in writing. However, this is not mandatory. A verbal order is also legally binding for both parties.</p

1.5
Unless expressly specified, the Contractor is free to choose the brand.</p

2. prices

2.1
The prices are in Swiss francs plus value added tax.

2.2
Unless otherwise stated, prices and deliveries are carriage paid to the construction site.</p

2.3
The prices for installation work include labor wages and delivery of the necessary materials to the point of use on the work site.

2.4
Any relocation expenses (travel, meals and accommodation) will be charged additionally.</p

2.5
Indicative amounts contained in the offer are not binding. The corresponding deliveries and services shall be invoiced at the contract unit prices and their conditions.

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3. retention of title to delivered products

3.1
The work results produced by the Contractor shall remain the property of the Contractor until the services and deliveries have been paid for in full.The Contractor shall be entitled to have the retention of title entered in the retention of title register at the respective domicile or registered office of the Customer in accordance with Art. 715 of the Swiss Civil Code (hereinafter "CC"). The Customer undertakes to give its written consent to the registration of a reservation of title immediately upon request by the Contractor.</p

4. working conditions

4.1
The sequence of the construction work must allow unhindered, appropriate and continuous work for the installation.

4.2
Construction electricity, water, scaffolding, use of lifts and cranes shall be borne by the customer.</p

4.3
By mutual agreement, the construction management shall provide the contractor with a lockable, dry and well-lit storage and work room with a power socket and good access facilities free of charge in accordance with SIA standard 118/380. If the contractor has to move to another room at the instruction of the construction management - before completion of its work, through no fault of its own - it may charge for the costs incurred as a result.</p

5. surcharges

5.1
Overtime, night and Sunday work performed at the request of the customer shall be invoiced including any fees.</p

5.2
The Contractor shall notify the Client of any aggravating circumstances that could not be foreseen in advance when the offer was submitted, together with the corresponding additional costs, as soon as they have been identified.</p

5.3
Any additional costs for travel time, travel expenses, displacements and lost working time caused by local public holidays and unforeseen interruptions to the work caused by the customer shall be invoiced.

5.4
On-site delivery of appliances: unpacking, transportation, installation and connection of appliances not supplied by the Contractor shall be invoiced.</p

5.5
If the contractor has to put parts of the system into operation prematurely on the instructions of the site management, EW fees and any other expenses will be charged.</p

6. shipping and packaging

6.1
Delivery: Shipment shall be at the expense and risk of the customer.Packaging shall be charged at cost price. If it is exceptionally designated as the property of the entrepreneur, it shall be returned carriage paid.Any loss or damage must be ascertained by the recipient. In the case of car transportation, this must be noted on the delivery bills and the Contractor must be notified immediately.</p

6.2
Residual materials remain the property of the Contractor during installation work.</p

6.3
The unloading, storage and unpacking of appliances and lighting fixtures supplied by the customer as well as the return of any packing material shall be charged to the contractor.

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7. directorial work

7.1
Unless otherwise agreed for direction work, the rates applicable at the time of execution shall be invoiced and are strictly net without discount.

7.2
Material and equipment prices are ex warehouse. Transportation costs will be invoiced separately.</p

7.3
Surcharges for special tools, e.g. impact drill, masonry cutter, electric hammer, are charged per operating hour.</p

7.4
Technical processing is generally charged in accordance with SIA standard 108. The costs of copies, plan copies and other reproductions as well as the costs of samples requested by the client shall be invoiced.

8. dates

8.1
Compliance with the agreed execution deadlines requires timely clarification and handover of all technical execution documents, compliance with delivery deadlines by the subcontractors and timely completion of the preparatory and ancillary work on site.</p

8.2
The contractor cannot be held liable for unforeseen delays due to force majeure, e.g. strike, mobilization, war, transport disruptions.</p

8.3
The entrepreneur is free to determine the number and timing of their employees, provided that this does not jeopardize completion.</p

8.4
A justified exceeding of the delivery time through no fault of the customer does not give the customer the right to withdraw from the contract or to assert claims for damages.

8.5
The complaint period for claims made is 10 days from the date of delivery.</p

9. terms of payment

9.1 Payments on account (payments on account)/partial payments/advance payments:
Progress payments or partial payments can be requested at any time as the work progresses. The payment period for installment payments and partial payments shall be 30 days from invoicing unless otherwise agreed in writing. The Contractor reserves the right to interrupt or suspend work if the payment deadline is not met. In exceptional cases, the Contractor shall be entitled to demand an appropriate advance payment before commencing and during the execution of the work.</p

9.2 Invoicing:
The invoice shall be issued after completion of the order. Unless otherwise agreed in writing, the payment period shall be 30 days from invoicing. Unless otherwise agreed in writing, the invoice amount shall be paid plus VAT and without deductions such as rebates, discounts, etc. Special payment terms agreed in writing, such as discounts, shall be taken into account and deducted when the invoice is issued. The withholding of payments due to counterclaims of any kind is excluded. If the customer is more than 10 days in arrears with an invoice, the provision of all services may be interrupted without further notice. The customer shall bear all costs arising from the delay in payment. The Customer shall not set off debts owed to the Contractor against its own claims without the Contractor's written consent.</p

10. warranty and liability

10.1
The warranty provisions of SIA standard 118 apply to deliveries, installations and assembly.</p

10.2
The warranty and delivery obligations of the manufacturer apply exclusively to third-party products.</p

10.3
If defects become apparent within the warranty period that are attributable to the material or to improper workmanship, the defects shall be rectified by the contractor and the material replaced free of charge within the scope of the order.</p

10.4
Improper handling of the system parts or interference by third parties invalidates the warranty.</p

10.5
Any liability for on-site deliveries is rejected.

10.6
The Contractor accepts no liability for late delivery of the goods and installations if the delay was caused by a third party or force majeure. Liability for damage or consequential damage due to improper use of the goods by customers or third parties is excluded in full by the Contractor.</p

10.7
In the case of systems, diagrams and drawings not designed by the Contractor, the Contractor assumes neither liability nor guarantee for correct functioning.</p

10.8
If drilling, breakthroughs or pointing work is necessary for an installation, the Client must provide the Contractor with the necessary up-to-date plans or information about existing flush-mounted installations. The contractor accepts no liability for damage or consequential damage resulting from missing or incorrect information.</p

10.9
If asbestos is present in the building in any form, it is the customer's responsibility to inform the contractor of this. Additional costs for professional disposal shall be borne by the customer. The contractor cannot be held liable for problems arising in connection with asbestos materials.</p

11. liability

11.1
The General Terms and Conditions (GTC) listed above are an integral part of the offer.</p

11.2
Agreements to the contrary are only valid in written form.

12. dispute resolution

If differences or disputes arise between the parties regarding the application, interpretation and implementation of these GTC, an attempt will initially be made in good faith to settle these by mutual agreement.

13. place of jurisdiction and applicable law

The place of jurisdiction for disputes is the registered office of the company. Swiss law applies to the GTC.