General Terms and Conditions
1. General Provisions
- The provisions of SIA Standard 118 (1977 / 1991 edition) in its currently valid version apply. These General Terms and Conditions take precedence over SIA Standard 118.
- The offer is based on the wages, hourly rates, site allowances, material prices, transport costs, and prices for auxiliary materials valid on the submission date, as well as the applicable fees and tax rates that affect construction costs. Increases will be additionally charged to the client.
- The price calculation and work planning are based on the measurements and documents provided by the client or their representative regarding the nature and condition of the object to be processed. Deviations from plans or product specifications that lead to additional costs or efforts will be charged separately.
- Prices are generally net, exclusive of VAT. The payment term is 20 days. The client is obliged to make advance payments requested by the contractor in accordance with Art. 144 et seq. SIA Standard 118.
2. Client-Side Preparatory Work
The following preparatory works must be carried out by the client at their own expense in good time before the start of work:
- Adequate access
- Provision of necessary installation sites
- Workplace safety
- Water and power lines – Installation of tapping points including meters at the construction site edge, at a maximum distance of 50
m from the point of use for: Water: NW 2“, min. 4 atm. gauge, drinking water; Electricity: as required - Covers / Protective barriers – Water-sensitive installations must be covered by the client in such a way that they cannot be damaged by the water pressure used.
3. Client-Side Services
- Any necessary ventilation and/or de-aeration measures.
- Informing the surroundings and neighbors about potential nuisances.
- Construction site lighting, sewer ventilation, and other SUVA-compliant safety measures.
4. Additional Services
The following additional services must be compensated by the client to the contractor:
- Client-related reconfigurations of installations, stored building materials, or equipment.
- Measures for: Snow / Temperatures below zero degrees / Risk of flooding / Rockfall / Ground movements.
- A reasonable surcharge may be levied for pre-financing and collection.
- Disposal fees will be charged to the client according to the prices of the respective receiving facilities. The analyses of the receiving facilities are decisive for the calculation of the disposal price.
- Obtaining permits for night and Sunday driving. Surcharges for work on Sundays and public holidays, as well as outside regular working hours (see offer).
- Obtaining permits for the use of third-party or public land for the execution of special works, as well as any resulting fees.
5. Miscellaneous
- Prices and time expenditure stated in the offer or accompanying letter correspond to empirical values. In case of exceeding by more than 20%, the consent of the client will be obtained.
- The start of work, unless definitively specified in the offer, depends on the availability of special equipment and skilled personnel.
- If the client requests overtime, night work, or similar to accelerate the work, the contractual wage surcharges will be additionally charged.
- Waiting times not caused by the contractor will be charged additionally.
- Measurement and Acceptance: For the measurement of the work performed, the signed work and time reports or mutually acknowledged work protocols are decisive. Unless otherwise agreed or explicitly reserved in the work reports, the work is considered accepted when the last work report is signed.
6. Liability
- Defects in Work: Liability only for culpably caused defects in work and consequential damages. Maximum liability CHF 5,000,000 per event/year. During localization work on the sewage system, external influences can lead to deviations or false signals.
- Further Damage: Liability only in cases of gross negligence.
- Third-Party Liability: The contractor is liable for damages to third parties insofar as demonstrable fault exists. Recommendation: Client's liability insurance.
- Workplace Safety: The client guarantees that there are no pipes, underground structures, or obstacles in the area of water jet radiation. Damages resulting from non-compliance are not the responsibility of the contractor.
- Cover / Protective Barrier: The client bears damages caused by inadequate cover or protective barrier. For flushing, drilling, and milling work, there is no liability for pipeline damage.
- Construction Noise: The machines used comply with the valid noise limits. In case of exceeding these limits, the client must obtain the necessary permits.
- Warranty: Warranty for flushing work is only granted if the client has the entire system inspected by CCTV.
7. Place of Jurisdiction
For all disputes arising from this contract, the parties agree on an exclusive place of jurisdiction at the contractor's registered office.
Issue Date: June 1, 2024