General Terms and Conditions Asecs GmbH
General Terms and Conditions of Asecs GmbH
1. scope of application
These General Terms and Conditions (GTC) govern the conclusion of contracts, the content and the processing of agreements on the planning and installation of security systems by Asecs GmbH and its subsidiaries using these GTC. Deviating terms and conditions are only valid if Asecs GmbH has expressly agreed to them in writing.
2. Offer
Written quotations are valid for three months from the date of issue. Additional requirements that are not included in the offer or are only added after the contract has been concluded must be agreed separately.
3. Scope of services
The scope and execution of our services are based on the quotation, the order confirmation or the contract for work. Services outside these documents, as well as necessary on-site preparations, equipment, work and measures required for the execution of the order by Asecs GmbH, are not included. Additional services that are ordered verbally by the client and are not included in the offer will be charged at cost rates. The same applies to unforeseen properties, technical or other circumstances that were not recognisable when Asecs GmbH prepared the quotation or were concealed by the customer and require additional services. Asecs GmbH accepts no liability for delays caused, for example, by third parties or suppliers.
4. Prices
The prices of Asecs GmbH are net prices in Swiss francs (CHF) and are exclusive of the applicable value added tax (VAT). Additional services resulting from inadequate or incorrect information in the documents provided by the client will be charged to the client at Asecs GmbH's cost. Our services are invoiced in units of 15 minutes. Every quarter of an hour or part thereof is charged as a full unit. This enables transparent and fair invoicing of the actual work involved. We reserve the right to charge a reminder fee of CHF 20 per reminder in the event of late payment after expiry of the set deadline.
5. Delivery times / deliveries
The delivery times stated for products and materials are non-binding guidelines. The manufacturer's specifications, which may change at short notice, are authoritative. Products and materials are dispatched at the risk of the customer.
6. Conclusion of contract
Contracts can be concluded verbally or in writing. Contracts concluded verbally will always be confirmed in writing (e.g. by letter or e-mail).
7. Dates
Asecs GmbH is obliged to meet the deadlines agreed in accordance with the signed contract or offer. Agreed deadlines are subject to force majeure, official measures, unforeseeable structural conditions, environmental events and delays caused by dependencies on third parties or suppliers. As soon as delays are recognisable to Asecs GmbH, the customer shall be informed of these immediately in writing.
8. Maintenance intervals
Unless otherwise agreed, annual maintenance must be carried out. Failure to comply with the maintenance intervals will invalidate any warranty claims.
9. Terms of payment
The payment period for installations, deliveries or annual maintenance work is 30 days net after invoicing. For larger or longer-term orders, corresponding instalments will be invoiced. The customer is not entitled to withhold or reduce payments due to complaints, claims or counterclaims not recognised by Asecs GmbH. The system shall be deemed completed as soon as it has been fully assembled and commissioned. This also applies if minor finalisation or completion work can only be carried out at a later date. If commissioning and handover cannot take place for reasons for which Asecs GmbH is not responsible, the final amount may be invoiced within 30 days of completion.
10. Acceptance
The client must inspect deliveries and services within a reasonable period of time and report any defects immediately in writing. If the client fails to do so, the deliveries and services shall be deemed to have been accepted and approved. Defects that were not recognisable upon careful inspection must be reported in writing immediately after their discovery.
11. Warranty
Asecs GmbH grants a warranty of two years from the date of acceptance of the complete contractually owed service, unless expressly agreed otherwise in writing. The period begins on the day after commissioning with the customer. If no acceptance report is available, the commissioning by Asecs GmbH or the submission of the final invoice shall also be deemed acceptance. For deliveries of materials or equipment, the warranty shall apply in accordance with the manufacturer's provisions.
If there is a defect, Asecs GmbH undertakes to rectify it within a reasonable period of time and at its own expense (rectification). If the work proves to be defective or unusable during the warranty period and this is demonstrably due to poor workmanship or defective material supplied by Asecs GmbH, the defective parts shall be repaired or replaced by Asecs GmbH within a reasonable period of time at its discretion. The prerequisite is that the defects are reported during the warranty period and immediately after discovery.
12. Liability
Asecs GmbH shall only be liable for damage to property and personal injury caused by intent or gross negligence. Liability is otherwise excluded. No liability is accepted for consequential damage resulting from the use of the products. This applies in particular to material damage, financial loss and damage caused by delay, irrespective of the legal grounds, as well as to indirect or consequential damage, loss of profit, loss of earnings and unrealised savings.
In addition, the liability of Asecs GmbH for any fault of auxiliary persons is expressly excluded. Finally, Asecs GmbH is also not liable for any kind of consequential damage (in particular natural disasters such as fire and environmental damage that do not directly affect the subject matter of the contract).
13. Obligations of the client to co-operate
The customer shall inform Asecs GmbH about existing system documentation and make it available. In addition, the customer shall authorise the employees of Asecs GmbH unrestricted access to the systems.
14. Reservation of title
Ownership of products and materials shall not pass to the client until the price agreed in the contract has been paid in full. The transfer or transfer to third parties without authorisation is prohibited. Asecs GmbH is authorised to have the retention of title entered in the retention of title register at the customer's registered office.
15. Data protection and confidentiality
Asecs GmbH undertakes to comply with the provisions of data protection and to process customer data carefully. Unless otherwise contractually agreed, the company is authorised to use the customer as a reference for potential customers.
16. Place of jurisdiction and applicable law
The legal relationship is subject to Swiss law. The registered office of Asecs GmbH shall be the place of fulfilment and jurisdiction for all obligations arising from concluded contracts.
