The legal relationships between Fricomp Engineering Anstalt and the client are fully subject to these General Terms and Conditions, unless otherwise agreed in writing. General terms and conditions or conditions of purchase of the client are only applicable to Fricomp Engineering Anstalt if they have been expressly accepted in writing by Fricomp Engineering Anstalt.
In the following, "work services" shall mean all services rendered by Fricomp Engineering Anstalt excluding the delivery of third party products. This includes in particular installation of hardware and software, cabling and consulting services. In the application of these terms and conditions, "in writing" is always understood to include communication via e-mail.
Offers of Fricomp Engineering Anstalt that do not contain a validity period are not binding. The date of the offer is decisive for the respective period of validity. As far as products of third parties offered in the offer are no longer available, Fricomp Engineering Anstalt is in no way responsible for this and can deliver an equivalent replacement product at a comparable price. The offer of Fricomp Engineering Anstalt with any verbally agreed changes and/or additions recorded by Fricomp Engineering Anstalt or the written order confirmation of Fricomp Engineering Anstalt is decisive for the agreed scope of delivery. Subsequent deviations of any kind require a written agreement between Fricomp Engineering Anstalt and the client.
The prices of Fricomp Engineering Anstalt are in Swiss francs, excluding value added tax and other charges.
Fricomp Engineering Anstalt reserves the right to change prices at any time to a reasonable extent (e.g. price increase, due to increased storage costs, inflation adjustment, legal changes, new business models, change of infrastructure, ...).
The customer will be informed of any such change in good time, as a rule no later than two months before the change takes effect.
If the customer does not object to a change in writing within two weeks at the latest
before the effective date, the customer is deemed to have given his/her consent to the change.
Purchase prices quoted in the offer may be adjusted by Fricomp Engineering Anstalt in the event of price changes or termination of manufacturer's or third-party promotions. Work services are offered at a lump sum price or according to expenditure. If the services are charged on a time and material basis, the price quoted in the offer is based on an estimate. In this case, only the agreed hourly rate in connection with the work report is decisive. However, if it is foreseeable that the estimated effort will be significantly exceeded, Fricomp Engineering Anstalt shall inform the client as soon as possible in order to determine the further procedure with him/her; in this case, the client shall not be entitled to withdraw from the contract.
A daily flat rate of Fricomp Engineering Anstalt comprises 8 hours. Special services as well as hours worked beyond the daily flat rate will be charged at CHF 180.00 excl.
The delivery of the products and the performance of the work shall take place at the agreed place. The transfer of risk takes place upon delivery. Fricomp Engineering Anstalt endeavors to meet the offered deadlines. However, Fricomp Engineering Anstalt cannot give any binding assurances for this. Partial deliveries are permissible. Claims against Fricomp Engineering Anstalt for damages due to delayed delivery or performance are excluded in any case. If the customer becomes insolvent or insolvency proceedings are pending against him/her, Fricomp Engineering Anstalt can withhold deliveries and work performances not yet carried out, while fully maintaining the payment obligation of the customer.
For work performed by Fricomp Engineering Anstalt, Fricomp Engineering Anstalt prepares a work report. With the signing of this report by the customer, the services listed therein and the time spent are deemed to have been accepted by the customer. The signing of the work report by the customer must take place immediately after the completion of the work in question.
If - for whatever reason - the work report is not signed, it shall nevertheless be deemed to have been approved by the customer if the customer does not object to its content in writing within five working days of performance of the work, stating the reasons. If no work report has been issued, the services and times listed in the invoice shall be deemed to have been approved by the customer if the customer does not object to them in writing and with reasons within five working days of the date of the invoice.
In the case of larger projects or at the request of the customer, the work performance is accepted by the customer on the occasion of the final project meeting in addition to the issuance of the work report. With the acceptance, the customer expressly declares the approval of the work performance of Fricomp Engineering Anstalt and its auxiliary persons. Defects discovered after acceptance can only be complained about if they were not recognizable during the proper inspection at the time of acceptance (hidden defects). All costs for the acceptance of the work shall be borne in full by the customer. If the acceptance by the customer cannot take place due to defective work performance, Fricomp Engineering Anstalt shall prepare a list of defects to be signed by the customer on the occasion of the final project meeting. If no such meeting takes place, the client shall draw up a written list of defects and send it to Fricomp Engineering Anstalt within five working days after the work has been performed. If Fricomp Engineering acknowledges these deficiencies or a part of them, it shall provide the agreed work performance again within a period determined by it or improve its work performance. The acceptance of this work performance shall take place in accordance with the previous provisions. In the absence of a written acceptance and if the customer fails to give written notice of defects within the specified period, the work performance shall be deemed to have been approved by the customer, waiving any claims for defects.
The invoices of Fricomp Engineering Anstalt are to be paid strictly net with value date on the 10th day from the date of the invoice by transfer to the bank or postal account designated by Fricomp Engineering Anstalt free of charges. Claims of Fricomp Engineering Anstalt cannot be offset by the client against claims against Fricomp Engineering Anstalt. Fricomp Engineering Anstalt expressly reserves the right to demand payment on account.
The customer / the customer is in default at the end of the payment period. The default interest is 5%. In addition, Fricomp Engineering Anstalt has the right, even in case of partial delay, to terminate the contract extraordinarily (as well as to claim compensation for damages resulting from extraordinary terminations) without setting a further deadline. The notice period is one month to the end of a month. Furthermore, the agreed services will be suspended until payment of the outstanding amount. Any collection expenses shall be borne by the customer.
In the case of delivery of third-party products, the warranty provided by Fricomp Engineering Anstalt corresponds to the warranty provided by the manufacturer of the respective product. The corresponding details will be communicated to the customer in writing upon request. In case of work performed by Fricomp Engineering Anstalt, the warranty period for hidden defects is one year from the date of its performance at the customer's site (signing of the work report by the customer). The guarantee is not granted if repairs, adaptations or modifications to the work have been carried out by the customer or third parties without the corresponding authorization of Fricomp Engineering Anstalt, or if damage has been caused by external influences (lightning, water, fire, etc.) or improper handling. The warranty period is neither extended nor is a new warranty period for the work in question set in motion by making use of the warranty or providing warranty services.
In any case, the warranty is limited, at the discretion of Fricomp Engineering Anstalt, to improvement of the defective work performance or its components or to compensation of the corresponding value. Any further warranty of quality or title is excluded. In the case of breaches of contract which are not already expressly excluded from liability, this is limited to damage caused by Fricomp Engineering Anstalt intentionally or by gross negligence. In any case the liability of Fricomp Engineering Anstalt is limited to the equivalent value of the purchased service. In no case Fricomp Engineering Anstalt is liable for consequential damages and loss of profit.
In the case of recognizable defects of any kind covered by the warranty, the customer must notify Fricomp Engineering Anstalt in writing immediately after delivery. If hidden defects only become apparent later, the notification must also be made immediately after their discovery. If the customer fails to notify Fricomp Engineering Anstalt of a defect in due time, the product or the work shall be deemed approved, excluding any warranty claims and compensation for damages.
Fricomp Engineering Anstalt is under no circumstances obliged to pay compensation for direct or indirect damages (for example for loss of profit or loss of sales) resulting from defective products or work performances. Fricomp Engineering Anstalt is under no circumstances obliged to pay damages in case of an extraordinary termination of the contract initiated by Fricomp Engineering Anstalt (especially in case of default of payment by the customer).
Any liability of Fricomp Engineering Anstalt is excluded in particular for damages that arise from
a) by software or hardware, interfaces and accessories which have not been delivered and installed by Fricomp Engineering Anstalt,
b) from defective commissioning or defective maintenance by the customer or by third parties,
c) by improper use,
d) by transportation,
e) by external impairments of any kind,
f) by viruses or similar disturbances and
g) by the inadequate availability of third parties such as telecommunications service providers.
Any liability is also excluded for modifications or repairs not carried out by Fricomp Engineering Anstalt. The liability of Fricomp Engineering Anstalt for auxiliary persons is generally excluded. Mandatory legal regulations remain reserved.
Insofar as a warranty obligation or liability of Fricomp Engineering Anstalt exists, any claim against Fricomp Engineering Anstalt, irrespective of its cause of origin, is limited in amount to a maximum of the price for the product or work in question.
If claims are asserted by third parties against Fricomp Engineering Anstalt which are due to the conduct of the client irrespective of fault, the client shall indemnify Fricomp Engineering Anstalt to the full extent and shall hold Fricomp Engineering Anstalt harmless without limitation from all claims, obligations, losses, liabilities, costs and fees of any kind. Fricomp Engineering Anstalt is expressly entitled to acknowledge the claims of third parties without prior contact with the client.
For all products sold, Fricomp Engineering Anstalt reserves the right of ownership until receipt of the full purchase price and is entitled at any time to arrange for a corresponding entry in the relevant retention of title register.
Fricomp Engineering Anstalt may amend these General Terms and Conditions at any time, whereby Fricomp Engineering Anstalt reserves the right to declare the amended provisions also applicable to existing legal relationships.
In the event of the invalidity of one or more provisions of these General Terms and Conditions or of the individual contract between the parties, the contracting parties shall agree on a legally effective substitute provision that comes as close as possible to the invalid provision in economic terms.
The legal relationship between Fricomp Engineering Anstalt and the customer is subject to Liechtenstein law, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and exclusive place of jurisdiction is Liechtenstein.