Service work GTC
1. Scope
1.1The following conditions apply to the execution of repairs, modifications and calibrations on technical systems and installations, hereinafter referred to as "service work".
2. Scope of services
2.1The scope of services of SpaCulture, hereinafter referred to as the “Contractor”, is defined by the Contractor's order confirmation or by the work reports of the service personnel.
2.2The task of customer service when deployed to rectify a fault is to determine the cause of a safety shutdown or an operational malfunction and to rectify it.
Please note that, depending on the nature of the repair, further visits may be necessary.
2.3If required, the documentation of the system is supplemented by the preparation of a measurement report or a detailed checklist.
2.4Completion of the pre-printed work report, stating working time including travel time and the materials used, and the signing of the report by the client and the service technician, form the basis for invoicing.
3. Conclusion of the contract
3.1The contract is concluded upon receipt of the Contractor's written confirmation (order confirmation) or upon express acceptance of the service work. These conditions are binding within the defined scope. Deviating conditions of the Customer are valid only insofar as they have been expressly accepted by the Contractor in writing. All agreements and legally relevant declarations of the contracting parties require written form to be valid.
4. Technical documents
4.1Each contracting party reserves all rights to the technical documents it has handed over to the other party. The receiving contracting party acknowledges these rights and shall not make the documents accessible to third parties, in whole or in part, or use them outside the purpose for which they were handed over, without the prior written authorisation of the other contracting party.
5. Rights and obligations of the Customer
5.1The Customer must state completely and precisely any irregularities, damage or defects it has identified as well as the scope of the service work to be carried out by the Contractor. The necessary technical documentation is to be procured by the Customer and made available to the Contractor free of charge. For the execution of the service work, the Customer provides the necessary infrastructure and ensures that the work can be carried out without risk, in particular free access to the system or system components and to the electrical distribution box (particular attention must be paid here to ensuring that the electrical distribution can be isolated before work begins, i.e. disconnected on all poles from live parts, and that the system or the system components being worked on cannot be switched back on by mistake). The workplace for the Contractor's service personnel must be tidy and freely accessible; no objects that pose a risk of accident to the service personnel may be left lying around.
5.2Environmentally sound disposal of materials is the responsibility of the Customer. The Customer shall expressly notify the Contractor if special consideration must be given to the Customer or to third parties and if regulations or instructions are to be observed.
5.3If the agreed appointment cannot be kept for reasons for which the Customer is responsible, the Customer shall bear the additional costs arising as a result.
6. Rights and obligations of the Contractor
6.1The Contractor undertakes to have the service work carried out professionally by qualified personnel or to have it carried out by third parties. The Contractor is entitled to refuse or discontinue service work if the safety of the personnel is not guaranteed or if the Customer does not fulfil its obligations. If the service work is aborted, the Customer owes the costs in proportion to the work already performed.
7. Notice of concern
7.1The inspection findings as well as statements made orally or in writing by the Contractor to the Customer or its representative regarding the condition, use, safety and usability of the service object, as well as concerns expressed regarding orders, instructions or measures of the Customer or regarding other factual circumstances, constitute a notice of concern and release the Contractor from its liability.
8. Execution period
8.1All information on execution periods is based on assumptions or estimates. The Contractor undertakes to take all measures in good time to meet the targeted execution periods.
9. Interruption of services - Aborted services
9.1As a matter of principle, the services are carried out in one go without interruption. If this is not possible for reasons for which the Contractor or our service personnel are not responsible, the Customer shall bear the additional costs arising as a result, in particular for additional outward and return journeys of the service personnel. This also applies if (spare) parts have to be procured whose necessity arose in the course of carrying out the services and which are not immediately available. In all these cases, the Contractor will endeavour to complete the service as soon as possible, but against reimbursement of the additional costs.
9.2The Contractor is entitled to interrupt an ongoing service at short notice if the deployed service personnel are urgently needed elsewhere (e.g. because of an acute operational fault at another customer that must be rectified immediately) and immediate performance of the service for the client is not necessary. The additional costs arising as a result are borne by the Contractor, to the exclusion of any claims for compensation by the Customer due to the interruption. The interruption will be limited to the necessary minimum.
9.3If the services cannot be performed, or cannot be performed in full, for reasons within the Customer's sphere of responsibility, the Contractor is entitled to withdraw from the contract if the work cannot be continued despite a reasonable grace period.
9.4If the Contractor is commissioned with a service and this service cannot be performed because
a) the fault cannot be found despite compliance with the generally recognised rules of technology, or
b) a (spare) part cannot be procured,
the Customer is obliged to reimburse the costs incurred by us.
10. Prices
10.1Unless otherwise agreed, service work is invoiced according to the services rendered on the basis of the rates of the Contractor or of third parties. Travel time as well as a reasonable preparation and wrap-up time after the journey count as working time. Travel costs, transport costs or hotel expenses as well as subsistence costs (deplacement) and incidental costs are invoiced to the Customer in addition, according to actual expenditure, insofar as they are not already included in the scope of delivery. The Customer confirms the work performed by signing the corresponding work reports. If the Customer fails to provide this confirmation without good reason or fails to do so in good time, the records of the Contractor's personnel shall serve as the basis for invoicing.
10.2Any claim to rescission of the contract or to a price reduction is excluded.
10.3Spare parts and accessories are charged according to actual expenditure. Small parts, cleaning agents and lubricants: small parts flat rate CHF 50.00
11. Working hours
11.1The normal weekly working time is generally spread over 5 working days. If, for reasons for which the Contractor is not responsible, a shorter working time has to be observed, the normal working time will nevertheless be charged.
With regard to the scheduling of working hours, the Contractor's personnel will be guided by the operational circumstances of the Customer and the local conditions. Normal daily working time (normal working hours) is between 7.00 am and 5.00 pm.
Hours worked outside normal working hours are invoiced with the following overtime surcharges:
| Days | Time | Surcharge |
|---|---|---|
| Monday to Friday | 5.00 pm – 8.00 pm | 25% |
| Monday to Friday | 8.00 pm – 7.00 am | 50% |
| Saturday | all day | 50% |
| Sundays and public holidays | all day | 100% |
11.2Travel time is the time spent travelling to and from the service location.
12. Payment terms
12.1Unless otherwise agreed, invoicing takes place monthly. All amounts owed to the Contractor must be paid by the Customer within 10 days of the invoice date. The Contractor is entitled to demand a reasonable advance payment where necessary. The Customer must make payments to the Contractor without any deductions. The Customer may neither withhold nor reduce payments on account of complaints, claims or counterclaims not acknowledged by the Contractor. Payments must also be made if the service work is delayed or becomes impossible for reasons for which the Contractor is not responsible. If the agreed payment dates are exceeded, default interest at the customary rate will be charged without any special reminder.
13. Transfer of risk and insurance
13.1Insurance against damage of any kind is the responsibility of the Customer. The Customer bears the risk of damage to or loss of the items to be worked on during the execution of the work or during any transport or storage that becomes necessary.
14. Guarantees/Warranties
14.1For spare parts, the Contractor grants guarantees only to the extent of the guarantee of the manufacturer or dealer. Any further guarantees must be agreed in writing on a case-by-case basis.
14.2Steam generators, sauna heaters, ice crushers, control systems and the like are relatively complex technical systems. It is quite possible that an identified malfunction has been rectified without defect, yet the system still does not function properly for another reason that has not yet been diagnosed. The investigation and rectification of such further malfunctions are not covered by the warranty – in particular not free of charge – but are carried out under a new service order.
14.3The warranty excludes damage to the system that is attributable to force majeure, improper installation, failure to observe the instructions in the operating manual, or manipulation by the customer or third parties, such as defective workmanship that does not correspond to the relevant state of the art or the use of spare parts not approved by the Contractor (original spare parts).
14.4Parts and operating materials that are subject to technical wear are likewise excluded from the warranty. Liability for corrosion damage is also excluded.
14.5The Contractor accepts no further warranty if the customer or third parties make changes or repairs to the system without the written consent of the Contractor.
15. Commissioning/Acceptance
15.1Unexpected faults or defects may occur when commissioning machines and systems. The risk of effects on functionality as a result of service work, such as loss of settings, etc., lies with the Customer.
15.2After completion of the work, the Customer must satisfy themselves that it has been properly carried out and sign an acceptance report presented by us. The client may not refuse acceptance on the grounds of insignificant defects.
15.3Acceptance of the service is deemed to take place upon signing of the service instruction, but at the latest upon recommissioning and use of the serviced object.
The Customer must ensure that an authorised person is present at the acceptance.
16. Liability
The Contractor carries out the service work on behalf and for the account of the Customer to the best of its knowledge and belief, but accepts no liability whatsoever for any damage, regardless of the legal basis, unless the Customer can prove gross negligence or intent. In particular, claims for indirect damage, such as loss of production, loss of use, loss of orders, loss of profit or compensation for damage of any other kind, are expressly excluded. This exclusion of liability does not apply insofar as mandatory law precludes it.
17. Exclusion of liability for drilling and chiselling work
If the Contractor is commissioned to carry out drilling, core drilling or chiselling work, this is done at the Customer's risk. Before the work in question begins, the Customer shall inform the Contractor, orally or by means of plans, of the position and route of any cables and pipes. If no binding information can be given on the position and route of cables and pipes, the Contractor rejects any claims for restoration and for the rectification of consequential damage.
18. Decommissioning /Locking out the system
The Contractor and its service personnel have the unrestricted right to put a system or system component out of operation and to prohibit its use if it does not comply with public operational safety requirements or has serious defects that pose a danger to life and limb. The Customer will be informed of this immediately and the system or system component will be marked „Out of order“. The Contractor will fit a safeguard against the system or system components being switched back on; this will be removed as soon as all defects have been remedied and there is no danger to life and limb. Should the Customer put the system or system components into operation, or have third parties do so, although they have been locked out by the Contractor, the Customer shall be fully liable, as this constitutes gross negligence. The Customer cannot make any claims for damages or other costs against the Contractor because of the decommissioning. Once public operational safety has been restored, the Contractor will put the system or system component back into operation and remove all safeguards.
19. Validity
The latest version of these conditions applies in each case. Should individual provisions be or become invalid in whole or in part, the remaining content shall not be affected thereby.
20. Place of jurisdiction and applicable law
The place of jurisdiction for the Customer and for the Contractor is the registered office of the Contractor. The contract is governed by Swiss law.