Conditions of supply and supply
1 Tenders are valid for two months, unless otherwise indicated in the offer.1.2 Tender
s are based on the framework conditions mentioned in the specifications and the technical specifications contained in the list
of benefits. Any requests for constructive modifications result in an adjustment of the
price.1.3 In the event of special requests and complications not mentioned in the list of services, unit/position prices will be a
.4 Offers are based on commercially existing semi-finished products. Special processes not specified in the offer may re
sult in changes in position prices and delivery terms.1.5 In ca
se of batch breakdown, the tenderer reserves the right to adjust unit/positional prices.1.6 Step-by
-step supplies must be reported to the tenderer who reserves the right to direct the additional costs.1.7 The flat-
rate tenders shall be valid for the quantities and executions described in the list of services. Any changes will
result in price corrections.
2. Unit price / position price / indication of quantity2.1 At t
he time of verification of tenders, the contraaing authority is required to report to the tenderer sharply too low unit prices, p
robably due to an error of calculated and/or transcription, allowing him to make the necessary corrections.2.2 The quan
tity of parts indicated is understood to be elements of identical dimensions and specifications. Any changes involve price
t prices are valid for the manufacture of a product on the basis of the description of the services. Work on foreign c
onstruction elements is not included.2.4
Variations between the quantity actually produced and assembled and the quantity proposed on offer results in a red
uction/increase in the invoiced
price.2.5 Prices remain fixed if construction is completed within one year of ordering. After this period, the tenderer
reserves the right to calculate supplements on the basis of the construction cost index.
3. Terms of delivery/forwarding of ordering/modification of the orde
r3.1 Delivery deadlines are valid from the submission of the order and after acceptance of the
plans.3.2 Manufacturing plans submitted for approval to the customer must be checked and approved within 5 working days.
Otherwise, the time limits cannot be guaranteed.3.
3 Verbal orders and additional work requested will be carried out only after a written order has been sent by the c
4. Penalty / guarantee of execution / guarant
ee4.1 Penalties are accepted only when the offeror has had the right to express his opinion on the occasion of the drafting of
the timetable relating to the planning of the works. If the site is not ready for the planned start of assembly or i
f there are delays in the delivery deadlines not attributable to the tenderer, no penalty may be impos
ed.4.2 Guarantees of execution and implementation can only be agreed on each other, have the same value or be acc
epted only after payment of a down payment.4.3
The guarantee period is 2 / 5 years (obvious/hidden damages) according to SIA 118 (Art. 172 seq.) and starts from the date of de
livery of the work.4.4
In the case of the integration of a movable element into a fixed element, the offeror requests the supplier to agree on a 5-year
warranty according to Art. 371 CO for the mov
ing element.4.5 Subject to what is indicated in Art. 4.4, the warranty period for starter motors, electrical appliances, tyres, hydrau
lic mechanics as well as for control units and mobile components subjected to wear is 2 years. In the case of the concl
usion of service and maintenance contracts, this period may be extended accordingl
y.4.6 For constructions imposed by the contractor, despite a written decommitment by the tenderer in relation to possible
construction problems, there is no liability or guarantee right.4.7
If the contractor requires constructions that do not meet either safety standards or requirements, the tenderer reserves t
he right to withdraw from the contract without having to pay any costs.
5. Planning/timetable of work5.1 The t
enderer's planning includes the implementation of project plans, sketches and documents necessary for the execution of the pieces
to be produced.5.
2 The coordination and detailed planning of the activities of additional craftsmen is the responsibility of the contractor, who ther
efore takes care of the releva
nt controls.5.3 Production plans are transmitted for approval in two copies. Minor changes will only be mad
e free of charge once. Any further changes will be invoiced.5.4 Productio
n plans remain the intellectual property of the offeror.5.5 After the order
is forwarded, the tenderer shall draw up, in agreement with the contractor, the timetable of the works and the sequence of the s
6. Manufacture/assembly6.1 T
he tenderer carries out the work in accordance with the rules and directives in force in this field.6
.2 Provisions of the Authorities, static and physical requirements of the construction must be made known, respectively predetermined, thr
ough the contraaing auth
ority.6.3 If the manufacture is carried out on the basis of theoretical dimensions, the contraaing authority shall be entirely respon
sible for respecting the dimensions laid down f
or the construction.6.4 The tenderer shall be authorized to stop assembly work in the event of extreme weather conditions or due t
o greater force. Consequently, the deadlines for the end of work cannot be met.6.5
The additional costs caused by interruptions in the assembly, not attributable to the tenderer, as well as ins
ufficient preparation of the site will be invoiced
to direct.6.6 Problems on the site caused by neglected or insufficient collaboration by the contractor, authorize t
he tenderer to invoice the related additional costs.
Greater. As a result, the deadlines for the end of work cannot be
6.7 The contractor reserves the right to entrust assembly to qualified external fir
ms.6.8 The tenderer assumes the risks of assembly only if they have been reported in writing. The contraaing authority shall
indicate on the production floors of the tenderer under floor heating, pipelines, etc., which must be clearly marked on th
e start of assembly. In the absence of such indications, the tenderer declines all responsibility in case of damage
.6.9 The customer makes available free of charge for assembly:6.9.1
Electrical fittings on each floor.6
.9.2 Buckets for the elimination of debr
is.6.9.3 Scaffolding for work impossible to carry out with a moving scaffolding of 3 meters
high.6.9.4 Parapets, nets, etc. in accordance with safety requirements.
The contraaing authority shal
l be responsible for:6.9.5 Access to the assembly site cap
able of supporting loads.6.9.6 Protection of the place of assem
bly and construction elements.6.9.7 Place for storage of assembly equipment and equipm
ent during work.6.9.8 Durable marking of axles and level dimensions on site and at each floor before
size detection by the tenderer.
6.10 Unless expressly mentioned in the list of services, the following works are the responsibility of the contractor:
6.10.1 Realization of savings, cores and grooves, as well as fillings at the end of the assembly of the work.6.10.2
Filling and isolating work between the work and the external element, in particular the fittings in the wall
.6.10.3 Protection of the work by means of films, coatings, etc.6.
10.4 Final cleaning of the work with the exception of the first cleaning for the elimination of dirt caused by assembly.
6.11 The tenderer makes available the basic models free of charge. On the contrary, the manufacture of prototypes, the carrying out o
f tests on materials, etc. must be agreed in advance and are invoice
d.6.12 The minimum damage, up to 0,5 % of the painted surface, caused during assembly must be repaired on the spot and do
es not comply with the request for new painting.
7. Directing wo
rks7.1 Directing works are invoiced at AM Suisse's current directing rates.7.2 D
irecting works are excluded from agreements relating to rebates, discounts and flat-rate prices concluded for contrac
ted works.7.3 Directing works ordered by the local works management are binding on the c
ontractor.7.4 Directing works are generally carried out only by qualified personnel able to carry out even complex works.
8. Partial testing/testing8.
1 The contractor is responsible for official authorizations and testing. The tenderer shall not be liable if the work is not
approved by the competent authoritie
s.8.2 The contraaing authority must check the work immediately at the time of delivery. If no visible defects are found within 10 d
ays of the end of work, the work shall be deemed to be in conformity with the contract and approved.
8.3 The assembly of glass, joints, exposed hardware, accessories, etc. must be checked by the works management during assembly a
nd contracted immediately after assembly. After testing, the risks of damage, theft and deterioration are the resp
onsibility of the contract
or.8.4 Step-by-step supplies are tested in stages.
9. Deductions/surcharges/payment conditions9.1
Third-party fees may be invoiced to the tenderer only if they have been quantified in the tender application and in the list of
the case of flat-rate orders, no additional deductions may be made for electricity, construction water, cleaning, e
tc.. 9.3 Ded
uctions are not allowed for:9.3.1 O
ther insurances in addition to the usual corporate liability insurance.9.3.2 Admin
istrative costs, information technology, telephone charges and other customer ex
penses.9.4 Surcharges may be invoiced for the following e
xpenses:9.4.1 Taxes, taxes, customs duties, duties, authorizations and expenses related to supplies fr
om abroad and assembly.9.5 Night work on Saturdays, Sundays and public holidays is billed in accordance with the National Coll
ective Labour Convention of the metal con
struction sector.9.6 After the deadline for payment of the invoice, no discount is recognised and interest in late pa
yment is counted. Unjustified deductions will be invoiced again.9.7 The
entrepreneur has the right to constitute a right of pledge on construction at any time and up to 4 months after the finalization o
f the works.
10. Competent cour
t10.1 For any dispute, the competent court shall be the court at the address of the tenderer/entrepreneur.
These tender and supply conditions – unless otherwise specified – have been approved by the contractor an
d are an integral part of the tender and the contract.