GENERAL TERMS AND CONDITIONS OF POZZAG AG
1.1 SCOPE OF SERVICE
The agent is authorized to make changes that are equivalent or that lead to improvements, provided that this does not result in a price increase.
1.2 Mit der Terminvereinbarung oder dem Unterzeichnen der Einverständniserklärung erkennt der Kunde diese AGB vollumfänglich an.
1.2 VALIDITY OF THE AVB'S / SPECIAL AGREEMENTS
1.2.1 These general terms and conditions are binding if they are declared applicable in the offer or in the order confirmation. Any other terms and conditions of the customer are only valid if they have been expressly accepted in writing by the company.
1.2.2 All agreements and legally relevant declarations of the contracting parties must be made in writing in order to be valid.
1.2.3 Should individual provisions of these GTC be invalid or unenforceable, they shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective.
1.3 BROCHURES AND TECHNICAL DOCUMENTS
Brochures and catalogues are not binding unless otherwise agreed. Details in technical documents are only binding if this has been expressly assured.
1.4 RELATIONSHIP TO SIA 118
If reference is made to SIA 118 or other SIA standards when placing the order or work contract, these shall apply unless deviations arise from these contractual conditions.
1.5 PARTIAL SERVICES
If the Contractor provides only partial services (planning, delivery and/or assembly), the respective special provisions shall apply (Clauses 2 or 3).
1.6 TERMS OF PAYMENT
1.6.1 The Customer may not withhold, offset or reduce payments due to complaints, claims or counterclaims not recognised by the Contractor.
1.6.2 If payment deadlines are agreed in writing, if they are exceeded without a special reminder, default interest of 8% will be due after the payment deadline has expired.
1.7 JURISDICTION, APPLICABLE LAW
1.7.1 Subject to the mandatory provisions of the Swiss Jurisdiction Act of 24 March 2000 (GestG; SR 272), the parties agree that the place of jurisdiction shall be the registered office of the Contractor. However, the Contractor is free to appeal to the court at the registered office of the Customer.
1.7.2 Swiss law shall apply to this contractual relationship.
2. SPECIAL CONDITIONS: PLANNING
2.1 INTANGIBLE RIGHTS TO PLANS
The agent retains all rights to plans and documents that he has handed over to the other party. The customer acknowledges these rights and may not make the documents accessible to third parties in whole or in part without the prior written authorization of the contractor or use them for any purpose other than that for which they were handed over to him.
2.2 TERMINATION OF THE PLANNING ORDER
2.2.1 The contract can be terminated by either party at any time. If the termination occurs at an inopportune time, the terminating party is obliged to compensate the other party for any damage caused.
2.2.2 If the customer cancels the contract prematurely, it shall owe the planner compensation of at least one quarter of the hypothetical order amount, subject to the right to claim damages in excess of this amount.
2.3 FEES
The planner's services will be billed according to time and effort, unless otherwise agreed in writing.
2.4 LIABILITY
The planner is liable for the proper fulfilment of the order. Liability for slight negligence is excluded.
March 2022
POZZAG AG
PO Box 342
6314 Unterägeri
+41 79 611 08 87
POZZAG AG
PO Box 342
6314 Unterägeri
+41 79 611 08 87
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