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General Terms and Conditions (As of 01.07.2022)

These GTC are available here in PDF format.

  • The execution of services/changes requires a clarified order.
  • The prerequisite for the commencement of work is either a valid specification or an approved and signed requirements document.
  • Changes in the scope of services will be evaluated and offered separately, and any schedule changes will be communicated. Should there be significant deviations in the quantity framework, we reserve the right to adjust our offer.
  • If changes or additions (z.B. due to customer requests) occur during the work compared to the scope described in the offer, we reserve the right to adjust the order in coordination with you.
  • The awarding of parts of the order to subcontractors is reserved.
  • Unless otherwise agreed in the offer, the prices correspond to the current cost situation.If there is a change in the cost base, our price will be adjusted.
  • Unless otherwise agreed, overtime surcharges, travel times, and expenses will be charged additionally based on effort.
  • For effort-based contracts, we charge our valid hourly rates plus additional costs.
  • In order to conduct necessary software tests during the project planning phase, we assume that the required devices will be made available to us from the order.

Delivery Terms

Our delivery terms are an integral part of an offer. They apply in all respects not governed by supplementary provisions.

Binding Period

Our offer is valid for the specified period. After that, it is non-binding.

Delivery Time Standard Hardware and Software

The delivery time for hardware and software is approximately as stated in the offer, following the receipt of the technically and commercially clarified written order and, if applicable, the receipt of the agreed down payment. It is valid from the order receipt and will be specified in the order confirmation and is binding.

For custom projects, the production documents signed and approved by the customer are considered the start of the delivery time.

Pricing

Our prices are fixed prices and are net, ex works. For stock items, they are ex warehouse. The listed individual prices are only valid within the context of the total price. Discounts do not apply to additional services. The prices are based on the specified delivery time. Should the delivery dates be postponed by the customer, or...If the duration is extended, we reserve the right to make corresponding price adjustments. This also applies to changes/adaptations after the confirmation of the appointment by INTECH-ICS AG.

Commissioning prices apply only if the systems are fully assembled and wired at the time of commissioning.

Our prices are exclusive of VAT. This will be shown separately. If a different VAT rate is applicable at the time of delivery, we will make the corresponding adjustments.

Commissioning

Execution of the commissioning in one go, without hindrance. Components not included in our delivery scope are functionally tested. All devices are functionally assembled and connected. The functionality is ensured by the operator until the "revision operation" (manual control).

In the event of changes to the scope of the order compared to the quantity framework in the offer, additional or possibly reduced prices will arise.

Acceptance

The readiness for acceptance will be communicated to us in a timely manner. Dates, cost arrangements, and the location of the acceptance for partial and final acceptances, as well as any necessary official acceptances, must be agreed upon separately in the case of the order.

The acceptance will be documented by a corresponding protocol.

Warranty

Warranty defines the contractor's responsibility towards claims and rights of the client, for liability and warranty.

  • This is fundamentally limited to the total amount of the contract for delivery and possibly assembly. Further claims, as well as indirect damages, consequential damages, or losses, such as z.B. Loss of earnings, loss of use, production downtime, capital costs, or costs associated with a business interruption are excluded.
  • If the assembly was not carried out by INTECH-ICS AG, expenses for on-site working time, travel time/costs, and expenses are not included and will be charged.
  • The warranty period is a maximum of 2 years or, in the case of high usage, the maximum operating hours agreed with the customer from the date of delivery. The former is considered the end date.
  • If delivery and commissioning are less than 2 months apart, the later date is considered the start of the warranty.
  • The warranty does not apply in cases of failure due to wear and tear, excessive use, vandalism, tampering by the customer or third parties, as well as natural events.
  • We provide replacement for material and manufacturing defects in accordance with Swiss obligations law. Any transport costs incurred will be borne by the customer.
  • For software, the warranty stipulates that software errors will only be corrected free of charge within the warranty period. For software errors, d.h. We provide warranty for deviations from the respective functional description provided to us as follows:
    • The error diagnosis and resolution will be carried out at our discretion either at the customer's site or at our premises. The resolution of the error requires that it is a reproducible error occurring in the latest delivered version. The customer must provide proof that the error lies within the software supplied by us.
  • The costs for subsequent errors are not covered by our warranty.

Payment Terms

We retain full ownership and usage rights to all sold products and services until the full purchase price has been received.In the event of delays not caused by us during the planning and manufacturing phase, we reserve the right to issue a previously communicated partial invoice for the work performed and material purchases made up to the originally planned project completion date. A maximum of 90%.

  • For orders up to CHF 5,000, payment is due within 30 days of invoicing, net.
  • For orders from CHF 5,000, partial payments are to be made.
    • 30%           of the order value is payable immediately upon order placement.
    • 30%           of the order value is 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 delivery to the customer, rsp.Beendung of the assembly.
    • 10 %           of the order value, respectively the final value after commissioning / acceptance by the customer payable 30 days after invoicing, net.
  • Unauthorized deductions will be charged additionally, plus a handling fee.

Retention clause

All offers are subject to the condition that the necessary approvals for the fulfillment of deliveries and services are granted by the competent authorities and that there are no hindrances to the execution of deliveries due to Swiss or other import/export regulations – z.B. a military purpose – are opposed.

Embargo Clause

If the re-export of parts or the entire goods is only permitted with a permit from this office according to an obligation entered into with the Department for Import and Export, this condition hereby passes to the purchaser of the goods and must be imposed again upon further transfer.

Transport Insurance, Returns

We deliver, unless expressly agreed otherwise, primarily Ex Works according to Incoterms. Shipments to the domicile in Switzerland will be insured during transport at your expense upon request. In the event of damage, a report from the transport company must be submitted to us immediately.

The return of goods can only take place with our express consent.

Jurisdiction

The place of performance and jurisdiction is CH-8360 Eschlikon. This contract is subject to Swiss law.

Exclusions

If not stated separately, the following are not included in the scope of the offer:

  • Process engineering.
  • Changes to the functional scope described in the specifications.
  • Changes due to altered technology, fine-tuning.
  • Waiting times and overtime surcharges that are not attributable to us.
  • Additional costs arising from the shortening of IBS periods (shift surcharges, etc.).
  • Time spent on customer instruction and training (unless offered separately).
  • Trial operation, training of operating personnel, plant maintenance after handover.