Maintenance GTC
1. General
The following conditions apply to all maintenance, repairs, fault rectification, material deliveries, installations and commissioning by SpaCulture GmbH and form an integral part of our quotations, order confirmations and invoices. They are accepted by the buyer by placing the order. The following conditions also apply if SpaCulture GmbH is aware of conflicting or deviating conditions on the part of the buyer. Deviations are valid only if confirmed in writing by SpaCulture GmbH.
2. Maintenance services
SpaCulture GmbH undertakes to carry out the maintenance work professionally in accordance with the task lists. We reserve the right to call in a specialist for third-party products; these costs are not included in the maintenance offer. The service technician must be briefed on all faults that have occurred, with a list of defects, before work begins.
3. Fault rectification and repairs
The maintenance agreement covers the maintenance and service work in accordance with the enclosed task list, but not fault rectification and repairs. If the inspection shows that system parts are defective or worn so that they have to be repaired or replaced, the Customer will be notified immediately. With the Customer's consent, such work and deliveries will be carried out and invoiced additionally at the prices applicable at that time.
4. Night and Sunday work
If maintenance has to be carried out outside normal working hours at the Customer's request, the tariff overtime surcharges will be invoiced.
5. Prices - Price adjustment
The prices stated in the maintenance contract are indicative prices. The costs actually incurred are invoiced according to actual expenditure at the rates of SpaCulture GmbH applicable at the time. The rates are adjusted annually in line with the Swiss Consumer Price Index (Federal Statistical Office www.bfs.admin.ch). The basis for indexation is always the December of the previous year at the time the contract is concluded. For invoicing, the last December before the invoice date applies.
6. Invoicing
The maintenance fee is invoiced after each maintenance visit carried out and is payable within 10 days of invoicing without any deduction. After that, default interest of 5% is charged. Unjustified cash discount deductions will be claimed back.
7. Validity
The contract becomes legally binding once signed by both parties. From that date it covers the current and the following calendar year. The contract is automatically extended by a further year each time unless terminated in writing six months before expiry.
8. Access
The Customer undertakes to keep the system available to the service technician at the agreed time so that the work can be carried out without hindrance. If necessary, assistants, ladders or scaffolding will be provided.
9. Guarantee
SpaCulture GmbH grants a 12-month guarantee period on spare parts installed by our specialist staff, starting from the date of installation. For installation components supplied as pure material deliveries, SpaCulture GmbH grants a 12-month guarantee period from the date of delivery ex Trübbach. SpaCulture GmbH fulfils all guarantee obligations described above by replacing defective system parts or goods on the system free of charge, or by providing the spare parts ex works free of charge.
Further claims or compensation claims (e.g. damages and replacement costs) as well as liability for consequential damage are excluded. Damage caused by force majeure, failure to observe the technical guidelines regarding system planning, design, operation and maintenance, and improper interference, including by third parties, is excluded from the guarantee. Goods and system parts that are subject to natural wear or consumption (e.g. pumps, filters, nozzles, seals, heating elements, temperature sensors, lines, contactors, etc.) are likewise excluded from the guarantee.
10. Limitation of liability
SpaCulture GmbH is liable, up to a maximum of the cover provided by its liability insurance, for all damage to the devices and systems to be serviced that it or its vicarious agents demonstrably cause through fault.
11. Safety
SpaCulture GmbH strives to carry out maintenance work conscientiously and professionally. For this reason, all relevant system parts must be reachable safely and without difficulty. (This applies in particular to room heights >3.0 m.) SUVA-compliant equipment such as scaffolding, scissor lifts, ladders, abseiling devices, protective suits, etc. must be provided to us free of charge.
12. Written form
All contract amendments and additional agreements must be in writing. SpaCulture GmbH is entitled to transfer the rights and obligations under this contract to a third party.
13. Partial invalidity
Should one or more provisions of these general terms of sale and delivery become void or invalid through individual agreements, this does not affect the remaining conditions. These remain unchanged and retain their validity.
14. Place of jurisdiction
The place of jurisdiction is Trübbach (SG). Swiss law (Code of Obligations, CO) applies exclusively.