General Terms and Conditions of MVM AG & MVM AG ZG (contractor) for work services, namely painting and plastering work, facade insulation, jointless wall and floor coverings, decorative coatings and interior insulation.
These General Terms and Conditions shall apply to all contractual relationships in business transactions with MVM AG or MVM AG ZG. The client accepts these general 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 shall apply.
The basis for the conclusion of a contract are the agreed terms of performance and payment. As a rule, a written offer forms the basis for placing an order. The order confirmation is made in writing or by the unconditional granting of the commencement of work by the company.
Offers are valid for 3 months from the date of the offer.
If the offer is not accepted within 3 months, the contractor shall be entitled to claim the additional remuneration in accordance with the wage cost rates, list prices for material, transport costs, construction site facilities, statutory levies, etc. compared with the original cost basis.
The services are calculated in such a way that the work can be carried out continuously or in accordance with a construction programme. In the event of interruptions to the work for which the contractor is not responsible, the contractor shall be entitled to compensation for the additional costs incurred.
The Client shall be informed of such circumstances and the additional costs as far as possible.
The Contractor shall be entitled to suspend the work until agreement has been reached on these additional costs and further supplements.
The Contractor may invoice a maximum of 90 % of the remuneration for the work as a payment on account in accordance with the progress of the work.
If necessary, a payment plan may be drawn up for the contract.
If the Client is in arrears with invoiced payments on account, the Contractor shall be entitled to suspend the work.
The final invoice is due upon delivery of the work (OR 372).
The invocation of defects does not entitle the owner to any retention exceeding 10% of the invoice amount.
In the event of working conditions (namely bad weather, advance performance by subcontractors, etc.) which contradict the recommendations of the material supplier, the contractor may stop the work. The contractor shall notify the owner of such conditions without delay.
Delivery of the work shall take place upon completion of the work. A later joint inspection/acceptance has no effect on the time limit.
The complaint and limitation periods according to SIA Standard 118, Art. 172 ff. shall apply.
The warranty period within which defects can be asserted begins with the delivery.
All tender documents remain the property of the contractor and may not be copied or made accessible to third parties without the contractor’s consent. They may not be used for the procurement of further offers without the consent of the contractor.
The place of jurisdiction for any disputes arising from the contractual relationship shall be the registered office of MVM AG or MVM AG ZG. The Contractor shall, however, also have the right to take legal action against the Client at the location of the matter in question or at the Client’s registered office/residence.
Swiss law shall apply.
MVM AG & MVM AG ZG, March 2019 edition