General terms and conditions of MVM AG & MVM AG ZG (entrepreneur) for work services, namely painting and plastering work, facade insulation, seamless wall and floor coverings, decorative coatings and interior insulation.
Legal basis / scope
These general terms and conditions are applicable to all contractual relationships in business dealings with MVM AG or MVM AG ZG. The client accepts these terms and conditions when placing the order.
In addition, the Swiss Code of Obligations (OR) and the technical standards of the SIA and the professional associations apply.
Agreed service and payment conditions are the basis for the conclusion of a contract. As a rule, a written offer forms the basis for placing the order. The order confirmation takes place in writing or through the unconditional granting of the start of work by the entrepreneur.
Offer and price basis
The offers are valid for 3 months from the date of the offer.
If the offer is not accepted within 3 months, the entrepreneur has the right to claim the additional remuneration in accordance with the wage cost estimates, list prices for material, transport costs, construction site facilities, statutory duties, etc. against the original cost basis.
The services are calculated in such a way that work can be carried out continuously or in accordance with a construction program. In the event of work interruptions for which the entrepreneur is not responsible, she is entitled to reimbursement of the additional costs incurred.
If possible, the client will be informed about such circumstances and the additional costs.
The entrepreneur is entitled to stop the work until an agreement has been reached on these additional costs and further supplements.
Invoicing / terms of payment
The entrepreneur can invoice a maximum of 90% of the wages as a payment on account, depending on the progress of construction.
If necessary, a payment plan can be created for the order.
If the client is in arrears with invoiced payments on account, the entrepreneur is entitled to stop the work.
The final invoice is due upon delivery of the work (OR 372).
The invocation of defects does not entitle the client to any retention that is more than 10% of the invoice amount.
In the case of working conditions (namely bad weather, advance work by subcontractors, etc.) that contradict the recommendations of the material supplier, the entrepreneur may stop the work. It shows such conditions to the client without delay.
Delivery (acceptance) and warranty
The work is delivered upon completion of the work. A later joint inspection / acceptance has no effect on the deadline.
The notice and limitation periods according to SIA Norm 118, Art. 172 ff apply.
The warranty period begins with the delivery, within which defects can be asserted.
Copyright to lists of offers / services
All offer documents remain the property of the contractor and may not be copied or made accessible to third parties without his consent. They may not be used for the procurement of further offers without the consent of the entrepreneur.
Place of jurisdiction / applicable law
The place of jurisdiction for any disputes arising from the contractual relationship is the headquarters of MVM AG resp. of MVM AG ZG. However, the entrepreneur has the right to take action against the client at the location of the property or at the client's registered office / domicile.
Swiss law applies.
MVM AG & MVM AG ZG, March 2019 edition