General Terms and Conditions of SBALZARINI Immobilien AG (SI)

In case of disputes the German original AGB superseeds this English translation.

1. General Information
1.1 The General Terms and Conditions are binding. Other provisions are only valid if they have been agreed in writing.
1.2 The subject matter of the contract is based on the offer accepted by the customer or on the order confirmation of SI.
1.3 Rights and obligations resulting from contracts with SI, in particular claims of the customer arising therefrom, are solely valid between the contracting parties and are not transferable.
2. Terms of Performance
2.1 Performance periods and dates are only binding if they have been agreed in writing.
2.2 Periods of time shall only begin to run when the parties involved have clarified all details of the contract.
2.3 The customer can only assert rights arising from default in the event of gross negligence.
3. Provision of Services
3.1 SI undertakes to perform all contractual work with due care and is free to choose the methods.
3.2 Partial performance is permissible if the procedure so provides.
3.3 SI may have services performed by third parties.
3.4 The customer shall provide SI free of charge and in due time with all documents and services necessary for the performance of the contract.
3.5 The Customer shall inform SI without request about procedures, documents and decisions which could have an influence on the performance to be rendered.
4. Premature Termination
4.1 The contract can only be terminated prematurely by either party for good cause.
4.2 In the event of premature termination or termination at an inopportune moment, SI shall be entitled to remuneration for the contractual services rendered and expenses incurred.
5. Acceptance Conditions
5.1 The contractual performance of SI shall be deemed to be accepted unless a written notice of defects is received from the customer within a period of 30 days after completion of partial or complete performance. (hereinafter referred to as “completion”)
5.2 Accordingly, partial services shall be deemed to be accepted individually.
5.3 Any rectification of services shall not extend the acceptance period.
6. Remuneration, Terms of Payment
6.1 In case of services on a time and material basis, SI shall issue a monthly invoice for the services rendered.
6.2 Work services on a time and material basis shall be invoiced on the basis of eight hours per working day at five days per week.
6.3 SI may also provide services at a fixed price or on a profit basis (brokerage, commission). Subsequent changes and/or order extensions that result in additional work and expenses are subject to additional compensation.
6.4 In addition to the agreed remuneration for work performance, SI shall be entitled to the reimbursement of expenses incurred in connection with the performance of services. However, car and train journeys within Switzerland are included in the price.
6.5 For longer on-site assignments, each SI staff member is entitled to one paid trip home per week.
6.6 Invoices are payable net 10 days after receipt, plus VAT. Offsetting is excluded. In case of delay of payment SI is entitled to claim default interest.
6.7 In case of default of payment SI may suspend the service without any further consequences for SI until full payment of its claims and retain all documents and equipment provided to SI (right of retention).
6.8 SI may have reservations of title and liens registered.
7. Warranty
7.1 SI guarantees the careful execution of the services according to the principles of proper professional practice.
7.2 The customer is obliged to check the partial and total performance. In case of defects, the customer shall notify SI in writing within 30 days.
7.3 The customer shall be entitled to rectification of the defects notified in writing. Further claims of the customer are not valid.
8. Liability
8.1 Claims for damages by the customer on any legal grounds whatsoever, except for gross negligence, are excluded.
8.2 Liability is excluded if alleged damage is not reported to SI in writing within 30 days after knowledge of the damage. Claims for damages become time-barred one year after conclusion.
8.3 Any further liability for consequential or indirect damages is excluded. SI shall not be liable for the recovery of lost data or programs.
9. Copyright Protection
9.1 The copyrights of all documents prepared by SI as well as of all tools and methods used remain with SI.
10. Confidentiality
10.1 The customer and SI are mutually obliged to keep all information and knowledge secret.
10.2 Not subject to secrecy: Generally known information, information already published, information from third party sources and information in whose secrecy the other party cannot have any interest.
10.3 The obligation to maintain secrecy shall continue to apply for one year after completion.
11. Partial Invalidity
11.1 If parts of this contract become void, not feasible or legally ineffective, the remaining contract shall continue to apply. The affected parts are to be interpreted in such a way that the meaning of the contract as a whole remains intact.
11.2 Legal loopholes are to be closed by articles which correspond to the original intention of the contracting parties. If no agreement can be reached, the corresponding provisions of civil law shall apply.
12. Final Provisions
12.1 Place of performance is the registered office of SI.
12.2 Place of jurisdiction is the registered office of SI. SI is also entitled to take legal action at the courts at the customer’s place of business. Swiss law shall apply.