General Terms and Conditions (as of 01.07.2022)

These terms and conditions are available here in PDF format.

• The execution of services / changes requires 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 will be assessed and offered separately, and any changes to the schedule will be communicated. Should there be major deviations in the quantity structure, we reserve the right to adjust our offer.
• If changes or additions to the scope described in the offer arise during the work (e.g. due to customer requirements), we reserve the right to adapt the order in consultation with you.
• The right to award parts of the contract to subcontractors remains reserved.
• Unless otherwise agreed in the offer, the prices correspond to the current cost situation. If the cost basis changes, our price will be adjusted.
• Unless otherwise agreed, overtime allowances, travel times and expenses will be charged additionally according to expenditure
• For orders involving expenditure, we charge our current hourly rates plus additional costs.
• In order to be able to carry out the necessary software tests during the project planning phase, we assume that the necessary equipment from the order is available to us.

delivery conditions

Our delivery conditions form an integral part of an offer. They apply to all points that are not regulated by supplementary provisions.

binding period

Our offer is valid for the period stated therein. After that, it is subject to change.

Delivery time standard hardware and software

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

For customer-specific projects, the production documents signed and approved by the customer are considered the start of the delivery period.

pricing

Our prices are fixed prices and are net prices, ex production plant. For stock items, ex warehouse location. Individual prices shown are only valid as part of the total price. Discounts do not apply to additional services. The prices are based on the stated delivery time. If the delivery dates are postponed or extended by the customer, we reserve the right to make corresponding price adjustments. This also applies to changes/adjustments after the date has been confirmed by INTECH-ICS AG.

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

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

commissioning

Commissioning is carried out in one go, without any hindrance. System components not included in our scope of delivery are functionally tested. All devices are assembled and connected in a functional manner. The functionality is guaranteed by the operator until “revision operation” (manual control).

Any changes to the scope of the order compared to the quantity structure in the offer will result in additional or possibly lower prices.

acceptances

We will notify you in good time when the goods are ready for acceptance.Dates, cost arrangements and the place of acceptance for partial and final acceptances as well as any necessary official acceptances must be agreed separately in the case of an order.

The acceptance is documented by a corresponding protocol.

warranty

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

• This is generally limited to the total amount of the contract for delivery and possible assembly. Further claims, as well as indirect damages, consequential damages or losses, such as loss of earnings, loss of use, loss of production, capital costs or costs associated with an interruption in operations, are excluded.
• If the installation was not carried out by INTECH-ICS AG, costs for working time on site, travel time/costs and expenses are not included and are subject to charge.
• The warranty period is a maximum of 2 years or, in the case of heavy use, the maximum operating hours agreed with the customer from delivery. The former is considered the final date.
• If delivery and commissioning are less than 2 months apart, the later date shall be deemed to be the start of the warranty.
• The warranty does not apply to 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 borne by the customer.
• For software, the warranty provides that software errors will only be rectified free of charge within the warranty period. For software errors, i.e. deviations from the respective functional description provided to us, we provide the following warranty:
  • The error diagnosis and elimination will be carried out at our discretion on the customer's system or in our company. The elimination of the error requires that the error is reproducible and occurs in the last version delivered. The customer must provide proof that the error lies in the software delivered by us.

• The costs for consequential errors are not covered by our warranty.

payment terms

We reserve full ownership and usage rights to all products and services sold until the full purchase price has been received. In the event of a delay during the planning and manufacturing phase that is not our fault, we will issue a previously communicated partial invoice for the work performed and material purchases made up to that point at the originally planned end of the project. Maximum 90%.

• For orders up to CHF 5,000.—, payment is due within 30 days of invoicing, net.
• For orders over CHF 5,000, installment payments are required.
  • 30%          The order value is payable immediately upon placing the order.
  • 30%          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 handover to the customer or completion of assembly.
  • 10%          of the order value, or the final value after commissioning / acceptance by the customer, payable 30 days after invoicing, purely net.
• Unauthorized deductions will be charged retroactively, plus a flat-rate administration fee.

reservation clause

All offers are subject to the condition that the necessary permits for the performance of the deliveries and services are granted by the relevant authorities and that there are no obstacles to the implementation of the deliveries due to Swiss or other import/export regulations - e.g. a military purpose.

embargo clause

If the re-export of parts or all of the goods is only permitted with the authorisation of this office in accordance with an obligation entered into with the Department of Import and Export, this obligation is hereby transferred to the purchaser of the goods and must be passed on 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 Switzerland can be insured for transport at your expense upon request. In the event of damage, a report from the transport company must be sent to us immediately.

Goods can only be returned with our express consent.

jurisdiction

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

exclusions

Unless stated separately, the following are not included in the offer:

• process engineering.
• Changes to the scope of functions described in the specifications.
• Changes due to changed technology, fine optimization.
• Waiting times and overtime payments for which we are not responsible.
• Additional costs resulting from shortening of IBS periods (shift surcharges, etc.).
• Time spent on customer instruction and training (unless offered separately).
• Trial operation, instruction of operating personnel, system maintenance after handover.