ASB – General Terms and Conditions of Service Version 2023
MB-01.02 Scope
The following provisions apply to all services (deliveries + work) in addition to the offer or the order. The GTS in particular apply to the delivery and assembly of machinery of TechnoWood AG (TW) at the premises oft he contracting authorities (CA). Agreements between TW and the CA that deviate from these GTS take precedence, provided they are in writing. Amendments to these GTS require the written form in order to be valid. The possible invalidity of individual provisions does not affect the validity of the remaining provisions.
MB-51.02 Non-performance or poor performance
Liability for damages arising from defective performance, non-performance and consequential damages is excluded to the extent permitted by law. All legally non-excludable liability damages are in any case limited to the benefits available from TW’s installation insurance (Helvetia Schweizerische Versicherungsgesellschaft AG). The insurance coverage shall not commence until the insured items have been unloaded at the assembly site.
MB-62.02 Assembly and service work
The AG must ensure that …
– … a contact person with competence and authority in the field of security is available on site.
– … the material to be assembled is stored protected from all harmful influences. Material that is lost or damaged during storage will be repaired or delivered to the customer at their own expense.
– … heated or air-conditioned, lockable rooms as well as clean sanitary facilities for the assembly personnel are provided by TW in the immediate vicinity of the workplace.
– … authorized person to perform hot work (welding, soldering, …) are in place, flammable materials have been removed from the danger zone or objects that cannot be moved have been covered, extinguishing equipment has been provided and sporadic control has been organized for the further 12 hours.
– … the machine operators and their shift relief are informed about the presence of TW. The machine on which the work is being carried out may not be put into operationwithout consultation with the TW employees on site.
– … third-party machines are to be operated and secured by the client’s machine operators.
– … the working area of the TW employee must be mechanically secured against other equipment on the same production line with impact protection walls and impact protection trestles as well as other appropriate safety measures.
– … access to the Internet for TW’s assembly personnel is guaranteed.
In accordance with TW’s specifications or assembly schedule, the principal must provide in good time the following services at his own expense:
– … if their involvement has been explicitly agreed, provision of qualified skilled workers such as electricians and assistants with the necessary tools and equipment. The customer shall provide the following services at their own expense in accordance with the information provided by TW or its assembly program:
– … qualified skilled workers such as electricians and unskilled workers with the necessary tools and equipment, if their involvement has been explicitly agreed upon. These workers must perform the necessary services according to TW’s specifications and schedules. operational cranes and hoists, insofar as their provision has been specially agreed upon between the parties. This equipment will be operated by TW staff or by the customer’s staff, who are available throughout the assembly and service period and must follow the instructions of TW staff.
– … if necessary, the provision of appropriate scaffolding, lifting equipment, working platforms and the like.
– … the necessary electricity and lighting including the necessary connections to the assembly site for water, operating materials and compressed air.
MB-63.01 Accident prevention / safety
The customer must comply with the applicable accident prevention regulations at his own expense and order the necessary accident prevention measures that affect construction site safety and the environmental protection of the assembly site. At its own expense, TW shall take the measures necessary for its staff to comply with the applicable accident prevention regulations. If TW’s personnel are endangered or are significantly impeded in the execution of their work, TW is entitled to order the assembly personnel to return. In these cases, as well as in the event that personnel are held back after completion of their work, the customer shall indemnify the waiting time billed according to the corresponding hourly or daily rates, including travel expenses incurred by TW.
MB-64.02 Acceptance
The CL is obliged to check the machine for full functionality together with TW after the service or repair work. If the acceptance is delayed through no fault of TW, the acceptance shall be deemed to have taken place after the expiry of two weeks after the specified acceptance date and/or the start of production with the plant by the client. Upon acceptance, TW’s liability for recognizable defects ceases, unless the principal has reserved the right to assert a specific defect. The contractual warranty period begins upon acceptance. If the machinery proves not to be in conformity with the contract, TW is obliged to remedy the defect. This, however, does not apply if the defect is insignificant or is due to a circumstance attributable to the principal. If there is an insignificant defect, the principal may not refuse acceptance. The acceptance will only be documented in written form at the request of the client, otherwise the acceptance is deemed to have been tacitly accepted by the client
MB-71.02 Warranty
The warranty period is 3 months.
This specific warranty period starts after the acceptance at the customer and refers only to the replaced parts of the system during the defined service or repair operation. TW has the right to rectify defects. The AG shall set TW a reasonable period for rectification at least twice. If the second attempt to remedy the defect within the set time limit also fails, the AG may first set further time limits for remedying the defect, assert a right to reduce the price or commission a third party to remedy the defect at TW’s expense (substitute performance). In all cases TW owes
besides compensation for damages according to article MB-51.02. The maintenance and wear parts explicitly defined by TW (e.g. seals, etc.) and the auxiliary and operating materials (e.g. oils, greases, etc.) are excluded from the warranty.
Prerequisites for the warranty by TW is … :
– … the timely and correct performance of all maintenance work in accordance with the maintenance plan and operating instructions and their verification using TW’s forms.
– … the intended use and correct operation according to the operating instructions.
– … the performance of any repair work exclusively by employees of TW.
– … that the customer, in case of product defects, gives TW sufficient and timely opportunity for their rectification.
– … the immediate notification of a warranty case to TW.
In any case, TW reserves the right to refuse any warranty if …. :
– … the requirements listed above are not or only partially fulfilled.
– … the AG or third parties make improper changes or repairs.
– … the CL does not immediately take all appropriate measures to mitigate the damage in the event of a defect occurring.
– … the item to be installed is provided for installation from the customer’s warehouse.
– … TW uses a declared second-hand article in agreement with the AG.
MB-92.01 Jurisdiction and applicable law
The legal relationship shall be governed by Swiss law, excluding application of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). Any differences shall be settled amicably whenever possible. If an amicable settlement is not reached, the ordinary courts at the domicile of TW shall have exclusive jurisdiction.
