- Scope
Our „General
Conditions of Supply and „General Conditions of Erection shall apply to all
Contracts concerning work associated with overhaul, repair, servicing,
modification, recommissioning and examination (referred to as “Work”
hereinafter) in so far as the said conditions are not supplemented or amended
by those following.
2.
Placing the order
Orders may be
placed in writing contract. If major orders are placed verbally, they shall be confirmed
in writing by the client.
- Extent
and execution of Work
3.1 The
Work shall be performed at the Client’s premises or at our works,
whichever is the more expedient.
If the Work is carried out at the Client’s premises, the Client shall provide
our personnel with suitable
workshops facilities and accommodation.
3.2
The object in question will be
examined by us to determine the labour and material requirements.
If additional labour and/or material are necessary, they will be provided at
Client’s cost without further reference to him, unless he has expressly
reserved the right of prior approval.
3.3 Unless otherwise agreed, replaced
part(s) will not be returned.
Co-operation
of the Client
4.1
The Client shall place at our disposal
all available technical documentation
relevant to the object in question.
4.2
The necessary spares shall be obtained
by the Client in due time and placed at the disposal of our personnel. We
revert the right to reject the parts if not
confirm to our
expectancy, quality and origin.
4.3
If necessary, the Client shall arrange
for the timely Transport of the object concerned.
- Time
schedules for the performance of Work
Unless otherwise
agreed, all information concerning time schedules for the performance of the
Work is based on estimates and will not be considered binding
- Charging
of costs
6.1 Unless otherwise
agreed, the Work shall be charged according to the time and material expended. This shall also apply to
the preparation of technical documentation, examination reports, expertise,
evaluation of measurements or the like in connection with the order.
6.2 On
request, the Client will be advised of the results of the examination prior to
the commencement
of the Work. Any statements concerning the expected costs are estimates and
shall not be binding.
6.3 Packing
material shall be charged at cost and is non-returnable unless otherwise agreed.
6.4 The
costs incurred for Transport and storage shall be borne by the Client.
- Terms
of payment
7.1
Unless otherwise agreed, the
accumulated costs will be invoiced monthly and shall be paid by the Client
within a period of thirty day of the invoice date. We reserve the right to call
for part of full payment of the
expected costs in
advance.
All payments
shall be remitted to our Head Office without any deductions
(cash discount, expenses, taxes, fees, etc.). Payment will be considered
fulfilled as soon as the
equivalent amount of Swiss francs or agreed) is made available to us in
Switzerland.
7.2
The Client shall neither withhold
payment nor make any deduction whatsoever on the grounds of complaints, claims
or counterclaims not recognised by us. Payment shall also be made if, for
reasons, beyond our control, the execution of the Work is delayed or prevented.
7.3
If the Client fails to make payment on
the agreed date(s), he shall - without formal notice – be liable to pay
interest on the overdue amount(s) from the date of due, based on the interest
rates in his domicile. Payment of such interest shall not release the Client
from his obligation to render payments on the agreed date(s). In the event of
late payment, all amounts payable to us shall become due immediately.
- Risk
of damage or loss
The Client shall bear the risk of damage
to or loss of the object concerned during Transport, storage or execution
of the Work, even if performed at our works.
- Liability
We shall be
liable for third party personal injury and/or property damage, which may occur
during the execution of the Work consigned to us, within the scope of legal
liability and customary Swiss third party insurance coverage. However, we shall
not be liable for damages to the object concerned and/or any other objects
being in our custody or worked upon by us, unless the Client can prove that we
have acted with gross negligence. Our liability, including that our agents,
personnel or subcontractors, shall be limited to a total amount equivalent to
the price of our Work or Swiss francs 1’000’000-, whichever is the smaller.
Any further claims or rights on the part of our Client, especially as to loss
of production or profit shall be excluded.
10.
Insurance
The Client shall, at his own expenses, arrange
for the necessary insurance, covering damage to the object concerned.
- Warranty
11.1
We shall either repair or replace, at
our discretion and within a reasonable period of time, any part(s) directly
worked upon by us or spare parts delivered and fitted within the terms of the
Contract that become defective or unserviceable during the period of warranty
if this is proved to be the result of poor workmanship or faulty material
supplied by us, provided that these deficiencies are notified to us in writing
within the warranty period. The cost of transport from and to the Client’s
premises as well as of dismantling and re-fitted, shall be borne by the Client.
11.2
The warranty period shall be six
months, commencing with the completion of our Work so far, the system (product)
is made or procured in our company.
11.3
For Work carried out under warranty,
we shall provide warranty to the same extent as for the original Work but not
beyond the warranty period of the latter. For non-MIE products, refer also to
11.2.
11.4
Any further claims on the part of the
Client about deficiencies shall be excluded.
