General Terms and Conditions of Schmid Gebäudetechnik GmbH
1. scope of application
These General Terms and Conditions (GTC) govern the conclusion of contracts, the content and processing of agreements on the planning and installation of air conditioning and ventilation systems by Schmid Gebäudetechnik GmbH and its subsidiaries using these GTC. Deviating terms and conditions shall only be valid if Schmid Gebäudetechnik GmbH has expressly agreed to them in writing.
2. offer
Written offers are valid for three months from the date of issue. Additional requirements that are not included in the offer or are only added after the contract has been concluded must be agreed separately.
3. scope of services
The scope and execution of our services are based on the quotation, the order confirmation or the contract for work. Services outside these documents, as well as necessary on-site preparations, equipment, work and measures required for the execution of the order by Schmid Gebäudetechnik GmbH, are not included. Additional services that are ordered verbally by the customer and are not included in the quotation shall be invoiced at cost rates. The same shall apply to unforeseen properties, technical or other circumstances that were not recognisable when Schmid Gebäudetechnik GmbH prepared the quotation or were concealed by the customer and require additional services. Schmid Gebäudetechnik GmbH accepts no liability for delays caused, for example, by third parties or suppliers.
4. prices
Die Preise der Schmid Gebäudetechnik GmbH sind Nettopreise in Schweizer Franken (CHF) und verstehen sich exklusive der jeweils anfallenden Mehrwertsteuer (MWST). Mehrleistungen, die aufgrund mangelhafter oder fehlerhafter Angaben in den vom Auftraggeber bereitgestellten Unterlagen entstehen, werden vom Auftraggeber nach Aufwand der Schmid Gebäudetechnik GmbH vergütet. Unsere Dienstleistungen werden in Einheiten von 15 Minuten abgerechnet. Jede angefangene Viertelstunde wird als volle Einheit berechnet. Dies ermöglicht eine transparente und faire Abrechnung des tatsächlichen Arbeitsaufwands.
5. delivery times / deliveries
The delivery times stated for products and materials are non-binding guidelines. The manufacturer's specifications, which may change at short notice, are authoritative. Products and materials are dispatched at the customer's risk.
6. conclusion of contract
Contracts can be concluded verbally or in writing. Contracts concluded verbally will always be confirmed in writing (e.g. by letter or e-mail).
7. term
Schmid Gebäudetechnik GmbH is obliged to meet the deadlines agreed in accordance with the signed contract or quotation. Agreed deadlines shall apply subject to force majeure, official measures, unforeseeable structural conditions, environmental events and delays caused by dependencies on third parties or suppliers. As soon as Schmid Gebäudetechnik GmbH becomes aware of delays, the customer shall be informed of these immediately in writing.
8. maintenance intervals
Unless otherwise agreed, annual maintenance must be carried out. Failure to comply with the maintenance intervals will invalidate any warranty claims.
9. terms of payment
The payment deadline for installations, deliveries or annual maintenance work is 30 days net after invoicing. In the case of larger or longer-term orders, corresponding instalments shall be invoiced. The customer shall not be entitled to withhold or reduce payments due to complaints, claims or counterclaims not recognised by Schmid Gebäudetechnik GmbH. The system shall be deemed completed as soon as it has been fully assembled and put into operation. This shall also apply if minor finalisation or completion work can only be carried out at a later date. If commissioning and handover cannot take place for reasons for which Schmid Gebäudetechnik GmbH is not responsible, the final amount may be invoiced within 30 days of completion.
10. acceptance
The client must inspect deliveries and services within a reasonable period of time and report any defects immediately in writing. If the client fails to do so, the deliveries and services shall be deemed to have been accepted and approved. Defects that were not recognisable on careful inspection must be reported in writing immediately after their discovery.
11. warranty
Schmid Gebäudetechnik GmbH shall grant a warranty of two years from acceptance of the complete contractually owed service, unless expressly agreed otherwise in writing. The period begins on the day after commissioning with the customer. If no acceptance report is available, the commissioning by Schmid Gebäudetechnik GmbH or the submission of the final invoice shall also be deemed acceptance. For deliveries of materials or equipment, the warranty shall apply in accordance with the manufacturer's provisions.
If there is a defect, Schmid Gebäudetechnik GmbH undertakes to remedy it within a reasonable period of time and at its own expense (rectification). If the work proves to be defective or unusable during the warranty period and if this is demonstrably due to defective workmanship or defective material supplied by Schmid Gebäudetechnik GmbH, the defective parts shall be repaired or replaced by Schmid Gebäudetechnik GmbH within a reasonable period of time at its discretion. The prerequisite is that the defects are reported during the warranty period and immediately after discovery.
12. liability
Schmid Gebäudetechnik GmbH shall only be liable for damage to property and personal injury caused by intent or gross negligence. Liability is otherwise excluded. No liability is accepted for consequential damage resulting from the use of the products. This applies in particular to property damage, financial loss and damage caused by delay, irrespective of the legal grounds, as well as to indirect or consequential damage, loss of profit, loss of earnings and unrealised savings.
Furthermore, the liability of Schmid Gebäudetechnik GmbH for any fault of auxiliary persons is expressly excluded. Finally, Schmid Gebäudetechnik GmbH shall also not be liable for any kind of consequential damage (in particular natural disasters such as fire and environmental damage that do not directly affect the subject matter of the contract).
13. obligations of the client to co-operate
The customer shall inform Schmid Gebäudetechnik GmbH about existing system documentation and make it available. In addition, the customer shall authorise the employees of Schmid Gebäudetechnik GmbH unrestricted access to the systems.
14. reservation of title
Ownership of products and materials shall not pass to the client until the price agreed in the contract has been paid in full. The transfer or passing on to third parties without authorisation is prohibited. Schmid Gebäudetechnik GmbH is authorised to have the retention of title entered in the retention of title register at the customer's registered office.
15. data protection and confidentiality
Schmid Gebäudetechnik GmbH undertakes to comply with the provisions of data protection and to process customer data carefully. Unless otherwise contractually agreed, the company is authorised to use the customer as a reference for potential customers.
16. place of jurisdiction and applicable law
The legal relationship is subject to Swiss law. The registered office of Schmid Gebäudetechnik GmbH shall be the place of fulfilment and jurisdiction for all obligations arising from concluded contracts.
