Conditions
General Terms and Conditions Kohler & Kohler GmbH
Scope of application
These General Terms and Conditions (hereinafter ‘GTC’) apply to all services provided by Kohler & Kohler GmbH (hereinafter ‘Company’) in connection with technical building services and services, irrespective of the legal nature of the corresponding contract, i.e. for consulting, planning and monitoring services as well as for execution work such as deliveries, installations, conversion work, repairs, service work and maintenance. The GTC shall apply if they are enclosed with the offer or the order confirmation by the Company or otherwise declared to be applicable. Any other terms and conditions of the Customer shall only be valid if they have been expressly recognised by the Company in writing.
Offer, delivery and scope of services
The quotation and project are based on the information provided by the customer
Unless otherwise stated, quotations from the Company are valid for 30 calendar days from the date of issue.
The quantities stated in the offer (metres, units, etc.) are approximate. This means that they may be exceeded or fallen short of without the customer being able to assert claims for changes to the unit prices. The quantities are deemed to be the basis of calculation for the offer made by the company.
The scope of services is specified in the order confirmation or in the contract for work. Services not included will be invoiced additionally at the prices valid at the time of execution.
Delivery times for products and equipment can only be given as an indication, as the manufacturer's specifications are authoritative and may change at short notice depending on the market situation. Products and appliances are dispatched at the customer's risk.
The company accepts no liability for products and materials supplied by the customer or for hardware and software supplied by the customer, unless otherwise contractually agreed.
The Company undertakes to provide the agreed services and deliveries within the deadlines set out in the signed offer. The customer undertakes to accept and pay for these services and deliveries on the agreed dates.
The company shall not commence deliveries and installation until the customer has paid for the materials in advance. Whether an advance payment is due can be seen from the offer.
The responsibility for coordinating the various companies in the construction project lies with the customer or the construction management. Additional work resulting from a lack of coordination will be invoiced separately.
Prices and terms of payment
All prices quoted by the company are net excluding VAT and in Swiss francs (CHF). Prices are subject to change due to currency fluctuations or changes in technology.
Payments for technical building services are to be made without any deductions in accordance with the terms of payment stated in the offer. Usually:
- one payment upon conclusion of the contract;
- one payment with the final invoice;
- further payments in proportion to the work performed in relation to the overall service.
Unless expressly agreed otherwise, payments for services shall be due without any deduction after a service or partial service has been rendered. The standard local hourly rates and vehicle costs per order shall apply. The outward and return journey shall be borne by the customer.
If the Customer is in default, the Company shall be entitled to 5% interest on arrears as well as
dunning, collection, legal and court costs. Furthermore, the company is entitled to discontinue all services immediately and without further notice.
Ownership of products and materials shall not pass to the Customer until the price agreed in the contract has been paid in full. The Company is authorised to enter the retention of title in the register as long as payment has not been made in full. If the Customer defaults on payment, the Company shall be entitled to withdraw from the contract immediately.
Inspection, notification of defects and acceptance
The Customer is obliged to inspect the products, materials and services supplied by the Company immediately upon receipt or collection and to report any defects immediately in writing. This also applies to all services and to defects that were not recognisable on careful inspection. Defects shall be rectified within a reasonable period of time. If the customer fails to fulfil his duty of inspection, the delivery shall be deemed to have been accepted without reservation.
The customer must inspect deliveries and services within a reasonable period of time and notify the company immediately in writing of any defects. If he fails to do so, the deliveries and services shall be deemed to have been accepted and approved. However, the Company shall only be liable under the warranty for defects that are not recognisable if such defects are reported immediately after their discovery.
The performance of an acceptance test and the determination of the conditions applicable thereto shall require a corresponding agreement.
Warranty
The warranty period is 24 months from acceptance. For product and material deliveries from third-party manufacturers, the corresponding warranty conditions of the manufacturer also apply to the client, customer or purchaser.
If the customer carries out modification, assembly, repair or maintenance work himself or with the assistance of third parties, the company's warranty on the parts concerned shall be invalidated in full. In addition, any warranty claims are excluded if regulations and/or user instructions for the system or the plant or for components or accessories
or of the accessories are not complied with or if use is contrary to the terms of the contract.
Warranty claims are excluded in respect of defects that arise or are notified while the customer is in arrears with one or more payments to the company
Ownership and intellectual property rights and licences
The ownership and intellectual property rights to all projects, licences, software, drawings, diagrams, plans, calculations and other documents relating to the system shall remain with the Company. They may not be made accessible or handed over to third parties, in particular competitors. In the event of infringement, the company is entitled to demand a contractual penalty of 10% of the offer amount.
Deviations require a corresponding agreement.
The customer is responsible for compliance with the licence conditions and confirms that he has read and understood them. The company is not liable for claims by third parties or manufacturers due to non-compliance with the licence conditions.
Asbestos and other substances hazardous to health
If it is suspected that particularly hazardous substances such as asbestos etc. are present, the company must investigate the dangers in detail and assess the risks. The customer shall bear the costs in all cases.
Breakthroughs, core drillings, slits
The Company accepts no liability for damage to existing, concealed pipes of which it had no knowledge or could not have had any knowledge.
Liability
The company is only liable for damage to property and personal injury caused by wilful intent or gross negligence. Liability is otherwise excluded. Furthermore, the company shall not be liable for loss of profit, loss of savings, damage from third-party claims or other consequential damage.
Theft
The company is not liable for material already assembled or installed that has been stolen by third parties. The cost of replacing the material and any installation costs shall be borne by the customer.
Additional provisions for solar systems
The company assumes no guarantee for the granting and approval of subsidies or authorisations. The quotation is prepared on the basis of a rough analysis of the building (purely visual inspection). Should the service be impeded or rendered impossible for reasons that were not recognisable during the rough analysis (in the case of solar installations, in particular: materials containing asbestos, unusual roof construction, special building zone, special and new grid requirements), the company is entitled to withdraw from the contract without compensation and to send the customer a new, revised offer. In this case, the customer may choose whether to accept the revised offer or not to enter into a new contract. Any work and expenses incurred will be invoiced to the customer if the contract is cancelled.
The company only provides a warranty for purchased components such as inverters, battery storage systems, substructure systems, solar modules, etc. to the extent that suppliers actually provide warranty services. If, for example, the suppliers refuse to provide warranty services or can no longer provide them, the warranty is cancelled. The company transfers the warranty rights of the manufacturer of the purchased components directly to the customer. The customer agrees to this transfer and will assert the warranty rights himself directly against the manufacturer.
Building statics
The company assumes that the building has been constructed in accordance with current building standards and that the static reserves comply with the applicable standards. The customer is obliged to point out other/special construction methods before concluding the contract. With the statics calculation, the company only checks the materials it uses (e.g. substructure, modules) and not the entire building statics. The customer is aware that the installation of a system (solar modules, substructure, inverter, battery storage system, etc.) may result in noise emissions during operation and accepts this.
Data protection and confidentiality
The company undertakes to comply with the provisions of data protection and to process customer data carefully. The Customer shall treat all information received from the Company as strictly confidential. (In particular codes, login names and passwords etc.) For reasons of security, all written documents as well as hardware and software must be protected from access by third parties in the interests of the system owner and where appropriate. Unless otherwise contractually agreed, the Company is authorised to use the Customer as a reference vis-à-vis potential customers.
Final provisions
The legal relationship shall be governed by Swiss law. The right of the Customer to assert claims against the Company is expressly and fully excluded. Disputes between the company and the customer shall be judged by the ordinary courts. The place of jurisdiction is the registered office of the company. The company reserves the right to assert its rights at the customer's domicile.
The company expressly reserves the right to amend these GTC at any time. The new terms and conditions shall be notified to the customer and shall be deemed to have been accepted without objection within one month.