General Terms and Conditions

apova gmbh
Tannenstrasse 13
8500 Frauenfeld

2023 / Version 02

1. The following General Terms and Conditions form an integral part of the service contract or work order agreed between the parties.
2. The SIA standard 118 and SIA standard 118/380 (Swiss Society of Engineers and Architects) shall apply insofar as its provisions are not in conflict with these General Terms and Conditions.
3. All tender documents prepared by the Contractor remain his property and shall not be reproduced, made available to third parties or used commercially without the Contractor’s written consent. If the offer is not accepted, all tender documents prepared by the Contractor shall be returned to the Contractor without request.
4. Discounts which are granted on certain contract items are the result of an individual calculation. In this context, the specific discounts are subject to the quantities and equipment or materials agreed upon in the contract.
5. Barring an expressly deviating regulation, all prices are understood to be exclusive of value added tax.
6. If an lump-sum price is negotiated explicitly and unambiguously designated as such, no further discounts are granted.
7. The minimum duration for a service order is 30 minutes plus the electric service vehicle charge of CHF 39. The terms of payment are subject to the following conditions: Payment within 30 days net
8. Emergencies: If a service technician needs to be called out of office hours (07.00 – 17.00), or on weekends and public holidays, a flat-rate on-call charge of
   110.00 per assignment.
   Surcharges Hourly rate: 17.00 – 20.00 h + Saturday = 25%.
   20.00 – 07.00 h = 50%
   Sundays and public holidays = 100%.
9. If a service technician is required after office hours (7.00 am – 5:00 pm), or on weekends and general holidays, an on-call flat rate of

1. If goods are returned through no fault of apova gmbh, the customer shall be charged a restocking fee of 25% of the value of the goods.
2. Joint securities in the context of Sect. 181 SIA Standard 118 or a contract of indemnity in the context of Sect. 111 OR must be mutually agreed upon in writing prior to the assignment of work, if this is the intention of the contracting parties.
3. With the acceptance of the service(s), the delivery of the final invoice, the expiry of the inspection period, and after delivery of the warranty certificate according to Sect. 152 SIA 118, all retention options according to Sect. 82 OR are excluded.
4. The invoice also serves as a warranty certificate and is valid for 12 months from the date of invoice. Any warranty claims must be submitted by the contractual partner in writing.
5. Dunning and debt collection fees for overdue invoices will be charged to the customer.
6. Any provision deviating from these General Terms and Conditions (T&C) shall only be valid if these clauses have been recorded in writing and are duly signed by both contracting parties.
7. By placing an order, the contractual partner acknowledges these General Terms and Conditions as legally binding.
8. The place of jurisdiction is the registered office of the company, in CH- 8500 Frauenfeld, Switzerland