General Terms and Conditions of Marco Anders GmbH
1. Scope of application
These General Terms and Conditions (GTC) govern the conclusion of contracts, the content and processing of agreements on the planning and execution of remodelling, interior finishing, renovation and facade work by Marco Anders GmbH. Deviating terms and conditions are only valid if Marco Anders GmbH has expressly agreed to them in writing.
2. Offer
Written offers are valid for three months from the date of issue. Additional requirements not included in the offer
or are 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 offer, the order confirmation or the contract for work and services. Services that are not covered by these documents, as well as necessary on-site preparations, facilities, work and measures required for the execution of the order by Marco Anders GmbH, are not included. Additional services that are verbally commissioned by the client and are not included in the offer will be charged at cost. The same applies to unforeseen characteristics, technical or other circumstances that were not apparent to Marco Anders GmbH when the offer was prepared or were concealed by the customer and require additional services. Marco Anders GmbH accepts no liability for delays caused, for example, by third parties or suppliers.
4. Prices
The prices quoted by Marco Anders GmbH are net prices in Swiss francs (CHF) and do not include applicable value added tax (VAT). Any additional services required due to incomplete or incorrect information in the documents provided by the client shall be remunerated by the client according to the time and effort expended by Marco Anders GmbH. Our services are billed in units of 15 minutes. Each quarter of an hour or part thereof is billed as a full unit. This enables transparent and fair billing of the actual work performed. In the event of late payment after the set deadline, we reserve the right to charge a reminder fee of CHF 20 per reminder.
5. Delivery times / Deliveries
Specified delivery times for products and materials are non-binding guidelines. The manufacturer's specifications, which are subject to change at short notice, are decisive. Products and materials are shipped at the risk of the client.
6. Conclusion of contract
Contracts can be concluded verbally or in writing. Verbal contracts must always be confirmed in writing (e.g. by letter or email).
7. Appointments
Marco Anders GmbH is obliged to adhere to the deadlines agreed in the signed contract or offer. Agreed deadlines are subject to change without notice
force majeure, official measures, unforeseeable construction conditions, environmental events and delays caused by dependencies on third parties or suppliers. As soon as Marco Anders GmbH becomes aware of any delays, it will immediately notify the client in writing.
8. Terms of payment
The payment term is 30 days net after invoicing. For larger or longer-term orders, corresponding partial payments will be invoiced. The client is not entitled to withhold or reduce payments on the basis of complaints, claims or unrecognised counterclaims. The measure is considered completed as soon as it has been fully completed. This also applies if minor completion or finishing work can only be carried out at a later date. If the handover cannot take place for reasons beyond the control of Marco Anders GmbH, the final amount may be invoiced within 30 days of completion.
9. Acceptance
The client must inspect deliveries and services within a reasonable period of time and report any defects in writing without delay. If the client fails to do so, the deliveries and services shall be deemed accepted and approved. Defects that were not apparent upon careful inspection must be reported in writing immediately upon discovery.
10. Warranty
Marco Anders GmbH provides a two-year warranty from the date of acceptance of the fully rendered contractually agreed service, unless expressly agreed otherwise in writing. The period begins on the day after acceptance by the client. If no acceptance report is available, commissioning by Marco Anders GmbH or the submission of the final invoice shall also be deemed acceptance. For material orders and equipment deliveries, the warranty is subject to the manufacturer's terms and conditions. If there is a defect, Marco Anders GmbH undertakes to remedy 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 faulty execution of the work or faulty material supplied by Marco Anders GmbH, the defective parts shall be repaired or replaced by Marco Anders GmbH within a reasonable period of time at its discretion. This is subject to the condition that the defects are reported during the warranty period and immediately after discovery.
11. Liability
Marco Anders GmbH shall only be liable for damage to property and personal injury caused by intent or gross negligence. Otherwise, liability is excluded. No liability is accepted for consequential damage resulting from the use of the installed systems. This applies in particular to damage to property, financial loss and damage caused by delay, regardless of the legal basis, as well as indirect or consequential damage, loss of profit, loss of earnings and unrealised savings. Furthermore, the liability of Marco Anders GmbH for any fault on the part of auxiliary persons is expressly excluded. Finally, Marco Anders 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).
12. Obligations of cooperation on the part of the client
The customer shall inform Marco Anders GmbH of any existing plant documentation and make this available. In addition, the client shall grant Marco Anders GmbH employees unrestricted access to the plants.
13. Retention of title
Ownership of the materials provided shall only pass to the client upon full payment of the price agreed in the contract. Without consent, the transfer or disclosure to third parties is prohibited. Marco Anders GmbH is authorised to have the retention of title entered in the retention of title register at the client's place of business.
14. Data protection and confidentiality
Marco Anders GmbH undertakes to comply with data protection regulations and to process customer data with care. Unless otherwise agreed in the contract, the company is entitled to use the customer as a reference for potential customers.
15. Place of jurisdiction and applicable law
The legal relationship is governed by Swiss law. For all obligations arising from concluded contracts, the registered office of Marco Anders GmbH shall be the place of performance and jurisdiction.