General conditions (as of 01/01/2018)
- The execution of services / changes require a clarified order.
- The prerequisite for starting work is either a valid specification or an approved and signed specification sheet.
- Changes in the scope of services are assessed and offered separately, and any postponements are communicated. If there are major deviations in the quantity structure, we reserve the right to adapt our offer.
- If changes or additions occur during the work (e.g. due to customer requirements) compared to the scope described in the offer, we reserve the right to adapt the order in consultation with you.
- We reserve the right to award parts of the order to subcontractors.
- Unless otherwise agreed in the offer, the prices correspond to the current cost situation. If the cost base changes, our price will be adjusted.
- Unless otherwise agreed, overtime surcharges, travel times and expenses will also be charged according to expenditure
- In the case of expenditure orders, we charge our valid hourly rates plus additional costs.
- In order to be able to carry out the necessary software tests during the project planning, we assume that the devices required for this are available from the order.
Our delivery conditions form an integral part of an offer. They apply in all points that are not regulated by additional provisions.
Our offer is valid for the period specified therein. After that it is non-binding.
Delivery time standard hardware and software
The delivery time for hardware and software is approximately that shown in the offer after receipt of the technically and commercially clarified written order and, if necessary, receipt of the agreed down payment. It applies from receipt of the order and is specified in the order confirmation and is binding.
In the case of customer-specific projects, the production documents signed and approved by the customer apply as the start of the delivery time.
Our prices are fixed prices and are strictly net, ex production plant. In the case of stock items, ex warehouse. Individual prices shown are only valid within the framework of the total price. Discounts do not apply to additional services. The prices are based on the specified delivery time. If the delivery dates are postponed or extended by the customer, we reserve the right to make appropriate price adjustments. This also applies to changes / adjustments after the date confirmation by INTECH-ICS AG.
Commissioning prices only apply if the systems are fully assembled and wired when they are commissioned.
Our prices are exclusive of VAT. This is shown separately. If a different VAT rate is applicable at the time of delivery, we will make the appropriate adjustments.
Implementation of the commissioning in one go, without hindrance. System components not included in our scope of delivery are function-tested. All devices are properly installed and connected. The functionality is guaranteed by the operator up to "revision operation" (manual control).
In the event of changes in the scope of the order compared to the quantity structure in the offer, an additional or reduced price will result.
The readiness for acceptance will be indicated by us in good time. Dates, cost regulations and the place of acceptance for partial and final acceptances as well as any necessary official acceptances are to be agreed separately in the case of an order.
The acceptance is documented in a corresponding protocol.
Warranty defines the responsibility of the contractor towards claims and rights of the client, for liability and warranty.
- This is basically limited to the total amount of the contract for delivery and possible assembly. Further claims, as well as indirect damage, consequential damage or losses, such as loss of income, loss of use, loss of production, capital costs or costs associated with business interruption, are excluded.
- If the assembly was not carried out by INTECH-ICS AG, expenses for working time on site, travel time / costs and expenses are not included and are subject to a charge.
- The guarantee amounts to a maximum of 2 years or, in the case of heavy use, the maximum operating hours determined with the customer from delivery. The former is considered the end date.
- If delivery and commissioning are less than 2 months apart, the later date counts as the start of the warranty.
- The warranty does not apply in the event of failures due to wear and tear, excessive use, vandalism, manipulation by the customer or third parties or natural events.
- We provide compensation for material and manufacturing defects in accordance with Swiss law. Any transport costs incurred are to be borne by the customer.
- In the case of software, the warranty provides for software errors to be corrected free of charge only within the warranty period. For software errors, i.e. deviations from the respective functional description provided to us, we guarantee as follows:
- The fault diagnosis and elimination takes place at our discretion on the customer system or in our house. The elimination of the error assumes that it is a reproducible error that occurs in the last version delivered. The customer must provide evidence that the fault is in the software we have supplied.
- The costs for consequential errors are not subject to our guarantee.
Terms of payment
We reserve the full right of ownership and use of all products and services sold until we have received the full purchase price. In the event of a delay during the project planning and manufacturing phase not caused by us, we will allow ourselves to issue a previously communicated partial invoice for the work performed and material purchases at the originally planned end of the project. 90% maximum.
- For orders up to CHF 5,000, payment is due 30 days after the invoice has been issued, strictly net.
- For orders of CHF 5,000 or more, partial payments have to be made.
- 30% of the order value payable immediately upon placing the order.
- 30% of the order value payable immediately upon readiness for delivery, but no later than one month after notification of readiness for delivery.
- 30% of the order value payable upon handover to the customer, i.e. completion of assembly.
- 10% of the order value, rsp. the final value after commissioning / acceptance by the customer, payable 30 days after invoicing, strictly net.
- Unauthorized deductions will be charged, plus a flat-rate fee for handling costs.
All offers are subject to the proviso that the approvals required for the fulfillment of the deliveries and services are issued by the responsible authorities and that there are no obstacles to the execution of the deliveries due to Swiss or other import / export regulations - e.g. a military purpose.
If the re-export of parts or all of the goods according to an obligation entered into towards the department for import and export is only permitted with the approval of this official body, this condition is hereby transferred to the recipient of the goods and is to be transferred again when the goods are passed on.
Transport insurance, returns
Unless expressly agreed otherwise, we generally deliver ex work in accordance with Incoterms. Shipments to domicile in Switzerland can be insured for transport at your own expense. In the event of damage, we must be sent a report by the transport company immediately.
Goods can only be taken back with our express consent.
Place of jurisdiction
The place of performance and jurisdiction is CH-8360 Wallenwil. This contract is subject to Swiss law.
If not shown in a separate item, the scope of the offer does not include:
- Process engineering.
- Changes to the scope of functions described in the specification.
- Changes due to changed technology, fine optimization.
- Waiting times and overtime surcharges for which we are not responsible.
- Additional costs that arise as a result of shortening commissioning periods (shift surcharges, etc.).
- Time spent on instruction and training (if not offered separately).
- Trial operation, instruction of the operating personnel, system support after the handover.
In the link below you will find our current terms and conditions: General Terms and Conditions INTECH-ICS AG