Terms and conditions

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Conditions of offer and delivery

1. Offers
1.1 Offers are valid for two months, unless otherwise stated in the offer.
1.2 The offers are based on the framework conditions mentioned in the specifications and the technical specifications in the list of services. Requests for construction modifications will lead to a price adjustment.
1.3 In case of special requests and complications not mentioned in the list of services, the unit/position prices will be adjusted.
1.4 The offers are based on existing semi-finished products on the market. Special processes not specified in the offer may lead to the modification of the position prices and delivery terms.
1.5 In the event of division into lots, the provider reserves the right to adjust the unit/item prices.
1.6 Supplies in stages must be reported to the bidder who reserves the right to invoice the additional costs directly.
1.7 The flat-rate offers are valid for the quantities and executions described in the list of services. Any changes result in price corrections.

2. Unit price / price per item / indication of quantity
2.1 When verifying the offers, the customer is required to notify the bidder unit prices clearly too low, probably due to a calculation and/or transcription error, allowing him to make the necessary corrections.
2.2 Piece quantities shown are for items of identical size and specification. Any changes result in price corrections.
2.3 The unit prices are valid for the manufacture of a product according to the performance description. Work on extraneous construction elements is not included.
2.4 Variations between the quantity actually produced and assembled and the quantity proposed in the offer have the effect of a reduction / increase of the invoiced price.
2.5 Prices remain fixed if construction is completed within one year of placing the order. After this period, the provider reserves the right to calculate surcharges based on the construction cost index.

3 Delivery times / placing of order / amendment of order
3.1 The delivery terms are valid from the placing of the order and after acceptance of the plans.
3.2 The manufacturing plans submitted to the customer for approval must be checked and endorsed within 5 working days. Otherwise the terms cannot be guaranteed.
3.3 Verbal orders and requested additional work will only be carried out after the customer has submitted a written order.

4. Contractual penalty/guarantee
4.1 Penalties are accepted only when the tenderer has had the right to express himself when drawing up the calendar relating to the planning of the works. If the construction site is not ready for the expected start of the assembly or if there are delays in the delivery terms not attributable to the tenderer, no penalty can be imposed.
4.2 Performance and performance guarantees can only be mutually agreed upon, have the same value or only be accepted after a down payment.
4.3 The warranty period is 2 / 5 years (obvious/hidden damage) according to the SIA 118 standard (Art. 172 ff.) and starts from the date of delivery of the work.
4.4 In the case of integration of a movable element into a fixed element, the offerer requests the supplier to agree on a 5-year guarantee according to Art. 371 CO for the movable element.
4.5 Subject to what is indicated in Art. 4.4, the warranty period for starter motors, electrical, pneumatic, mechanical and hydraulic devices as well as for control units and moving parts subject to wear is 2 years. In the event of stipulation of service and maintenance contracts, this term may be consequently extended.
4.6 In the case of constructions ordered by the customer, no liability or warranty claims are envisaged despite a written disengagement by the contractor regarding possible construction problems.
4.7 If the client requires constructions that neither meet the standards nor meet safety requirements, the contractor reserves the right to withdraw from the contract without having to pay any costs.

5. Planning and execution of the work
5.1 The bidder’s planning includes the creation of project plans, sketches and documents necessary for the execution of the parts to be produced.
5.2 The coordination and detailed planning of the activities of further craftsmen are the responsibility of the customer who therefore takes care of the related controls.
5.3 Production plans are submitted for approval in two copies. Minor changes will only be made once for free. Any further changes will be invoiced.
5.4 The production plans remain the intellectual property of the bidder.
5.5 After placing the order, the tenderer draws up the work schedule and the order of the delivery in stages in agreement with the customer.

6. Manufacture/assembly
6.1 The provider carries out the work in compliance with the standards and directives in force in the sector.
6.2 Official regulations, static and physical requirements of the building must be disclosed, respectively pre-established, via the client.
6.3 If the construction is carried out on the basis of theoretical dimensions, the customer is fully responsible for compliance with the dimensions foreseen for the construction.
6.4 The tenderer is entitled to interrupt the assembly work in the event of extreme weather conditions or force majeure. Consequently, the deadlines for completion of the works cannot be respected.
6.5 Additional costs caused by interruptions in the assembly, which are not attributable to the bidder, as well as insufficient preparation of the site will be billed to the management.
6.6 Problems on the construction site caused by negligent or insufficient cooperation on the part of the customer entitle the bidder to invoice the related additional costs.
6.7 The entrepreneur reserves the right to entrust the assembly to qualified external companies.
6.8 The bidder shall only bear the installation risks if these have been reported in writing. The customer must indicate in the tenderer’s production plans underfloor heating, pipes, etc., which must be clearly marked at the installation site. In the absence of these indications, the provider declines all liability in the event of damage.
6.9 The customer makes available free of charge for assembly:
6.9.1 Electrical connections on each floor.
6.9.2 Buckets for debris disposal.
6.9.3 Scaffolding for jobs that are impossible to carry out with a 3m high mobile scaffolding.
6.9.4 Railings, nets, etc. according to safety regulations.
The customer is responsible for:
6.9.5 Load-bearing access to the installation site.
6.9.6 Protection of the installation site and construction elements.
6.9.7 Place for storage of assembly material and equipment during the works.
6.9.8 Permanent marking of axes and level elevations on site and on each floor before the tenderer takes the dimensions.
6.10 Unless expressly mentioned in the list of services, the following works are the responsibility of the customer:
6.10.1 Carrying out savings, core drilling and grooves, as well as backfilling after completion of the construction work.
6.10.2 Filling and insulation works between the work and the external element, in particular the joints in the wall.
6.10.3 Protection of the work by films, coatings, etc.
6.10.4 Final cleaning of the work with the exception of the first cleaning to remove dirt caused by assembly.
6.11 The provider makes the basic templates available free of charge. Prototyping, material testing, etc. on the contrary, they must be agreed in advance and are invoiced.
6.12 Minor damage, up to 0.5% of the painted surface, caused during assembly must be repaired on site and does not justify a request for a new paint job.

7. Works by the hours
7.1 Performed hourly works are billed according to AM Suisse’s current hourly rates.
7.2 Performed hourly works are excluded from the agreements relating to rebates, discounts and flat-rate prices concluded for the contracted works.
7.3 Hourly works ordered by the local works management are binding for the customer.
7.4 Hourly works are generally carried out only by qualified personnel able to carry out even complex works.

8. Acceptance / partial acceptance
8.1 The customer is responsible for official approvals and tests. The bidder is not responsible if the work is not approved by the competent authorities.
8.2 The customer must inspect the work immediately upon delivery. If no visible defects are found within 10 days of completion of the work, the work is considered to be in conformity with the contract and approved.
8.3 Fitting of glazing, joints, exposed hardware, fittings, etc. must be checked by the construction management during assembly and tested immediately after assembly. After testing, the risks of damage, theft and deterioration are the responsibility of the customer.
8.4 Stage deliveries are tested in stages.

9. Deductions/surcharges/terms of payment
9.1 Third-party fees may only be invoiced to the provider if they have been quantified in the request for quotation and the list of services.
9.2 Additional deductions for electricity, construction site water, cleaning, etc. cannot be made in the case of package orders.
9.3 No deductions are allowed for:
9.3.1 Other insurances in addition to the usual commercial liability insurance.
9.3.2 Administrative costs, information technology, telephone costs and other expenses of the client.
9.4 Supplements may be invoiced for the following expenses:
9.4.1 Duties, taxes, customs duties, duties, authorizations and expenses associated with supplies from abroad and assembly.
9.5 Night work, on Saturdays, Sundays and public holidays is invoiced in accordance with the provisions of the national collective labor agreement in the metal construction sector.
9.6 Once the deadline set for the payment of the invoice has elapsed, no discount is recognized and default interest is calculated. Unjustified deductions will be invoiced again.
9.7 The contractor is entitled to establish a lien on the building at any time and up to 4 months after completion of the work.

10. Place of jurisdiction
10.1 For any dispute, the competent court is the one at the domicile of the bidder/entrepreneur.
These offer and delivery conditions – unless otherwise specified – have been approved by the customer and are an integral part of the offer and the procurement contract.