General Terms and Conditions

General conditions (as of 01.07.2022)

These T&Cs are here in PDF format.

  • The execution of services / changes require a clarified order.
  • The prerequisite for starting work is either a valid specification or an approved and signed specification sheet.
  • Changes in the scope of services will be evaluated and offered separately, and any deadline postponements will be communicated. If there are major deviations in the quantity structure, we reserve the right to adjust our offer.
  • If changes or additions (e.g. due to customer requirements) arise during the work compared to the scope described in the offer, we reserve the right to adjust the order in consultation with you.
  • We reserve the right to subcontract parts of the order.
  • Unless otherwise agreed in the offer, the prices correspond to the current cost situation. If the cost basis changes, our price will be adjusted.
  • Unless otherwise agreed, overtime surcharges, travel time and expenses shall be charged additionally according to the time and effort expended
  • In the case of time and material orders, we charge our valid hourly rates plus ancillary costs.
  • In order to be able to carry out necessary software tests already during project planning, we assume that devices required for this purpose are available to us from the order.

Delivery conditions

Our terms of delivery form an integral part of an offer. They apply to all points that are not regulated by supplementary provisions.

Binding period

Our offer is valid for the period specified therein. After that it is subject to change.

Delivery time standard hardware and software

The delivery time for hardware and software is approximately that stated in the offer, after receipt of the technically and commercially clarified written order and, if applicable, receipt of the agreed down payment. It applies from receipt of the order and is specified in the order confirmation and is binding.

In the case of customer-specific projects, the production documents signed and approved by the customer shall be deemed the start of the delivery period.

Pricing

Our prices are fixed prices and are net, ex production plant. For stock items ex warehouse. Individual prices shown are only valid within the framework of the total price. Discounts do not apply to additional services. The prices are to be understood in consideration of the indicated delivery time. Should the delivery dates be postponed or extended by the purchaser, we reserve the right to make corresponding price adjustments. This also applies to changes / adjustments after date confirmation by INTECH-ICS AG.

Commissioning prices only apply if the systems are fully assembled and wired at the time of commissioning.

Our prices are exclusive VAT. This is shown separately. Should a different VAT rate be applicable at the time of delivery, we will make the appropriate adjustments.

Commissioning

Carrying out commissioning in one go, without obstruction. Plant components not included in our scope of delivery are functionally tested. All devices are functionally mounted and connected. Functionality is guaranteed on the part of the operator until "revision operation" (manual control).

Changes in the scope of the order compared to the quantity structure in the offer will result in additional or reduced prices.

Acceptances

We shall notify readiness for acceptance in good time. Dates, cost regulations and the place of acceptance for partial and final acceptances as well as any necessary official acceptances shall be agreed separately in the case of an order.

The acceptance is documented by an appropriate protocol.

Warranty

Warranty defines the contractor's responsibility towards claims and rights of the client, for liability and warranty.

  • This is limited in principle to the total amount of the contract for delivery and possibly assembly. Further claims, as well as indirect damages, consequential damages or losses, such as loss of earnings, loss of use, loss of production, capital costs or costs associated with an interruption of operations, are excluded.
  • If the installation was not carried out by INTECH-ICS AG, expenses for working time on site, travel time / costs and expenses are not included and are subject to a charge.
  • The warranty is for a maximum of 2 years or, in the case of heavy use, for the maximum number of operating hours from delivery as agreed with the customer. The former is considered the final date.
  • If delivery and commissioning are less than 2 months apart, the later date is considered the start of the warranty.
  • The warranty does not apply in the event of failures due to wear and tear, excessive stress, vandalism, tampering by the customer or third parties, or natural events.
  • We grant replacement for material and manufacturing defects according to Swiss Obligation Law. Any transport costs incurred shall be borne by the customer.
  • In the case of software, the warranty provides for software errors to be remedied free of charge only within the warranty period. For software errors, i.e. deviation from the respective functional description provided to us, we provide warranty as follows:
    • Fault diagnosis and elimination shall be carried out at the customer's plant or at our premises, at our discretion. The elimination of the error presupposes that it is a reproducible error occurring in the last version delivered. The customer must provide proof that the error is in the software supplied by us.
  • The costs for subsequent defects are not subject to our warranty.

Terms of payment

We reserve the full right of ownership and use of all products and services sold until receipt of the full purchase price. In the event of delays during the project planning and manufacturing phase not caused by us, we will take the liberty of issuing a previously communicated partial invoice at the originally planned end of the project for the work performed and materials purchased up to that point. Maximum 90%.

  • For orders up to CHF 5,000, payment is due within 30 days of invoicing, strictly net.
  • For orders of CHF 5,000 or more, partial payments are to be made.
    • 30 % of the order value payable immediately upon placement of the order.
    • 30 % of the order value payable immediately upon readiness for delivery, but no later than one month after notification of readiness for delivery.
    • 30 % of the order value payable upon handover to the customer, rsp.completion of the assembly.
    • 10 % of the order value, rsp. the final value after commissioning / acceptance of the customer payable 30 days after invoicing, strictly net.
  • Unauthorized deductions will be charged subsequently, plus a flat-rate handling fee.

Reservation clause

All offers are subject to the proviso that the permits required for the performance of the deliveries and services are granted by the competent authorities and that the performance of the deliveries is not prevented by Swiss or other import/export regulations - e.g. a military purpose.

Embargo clause

If the re-export of parts or all of the goods is permitted only with the authorization of the Department of Import and Export, this obligation is hereby transferred to the buyer of the goods and must be transferred again when the goods are passed on.

Transport insurance, returns

Unless expressly agreed otherwise, we always deliver Ex Work according to Incoterms. Shipments up to domicile in Switzerland will be insured for transport at your expense upon request. In the event of damage, a statement of facts from the transport company must be sent to us immediately.

Goods can only be taken back with our express consent.

Jurisdiction

The place of performance and jurisdiction is CH-8360 Eschlikon. This contract is subject to Swiss law.

Exclusions

If not shown in a separate item are not included in the scope of supply:

  • Process Engineering.
  • Changes to the scope of functions described in the specifications.
  • Changes due to changed technology, fine tuning.
  • Waiting times and overtime surcharges for which we are not responsible.
  • Additional costs incurred as a result of shortening IBS periods (shift surcharges, etc.).
  • Time spent on customer briefing and training (unless offered separately).
  • Trial operation, instruction of the operating personnel, plant support after handover.