General Terms and Conditions of LT Rohr Experten AG
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- General
These terms and conditions apply to all services and
deliveries of LT Rohr Experten AG (hereinafter referred to as the Contractor)
and form an integral part of quotations, contracts for work and services,
orders and invoices. The SIA 118 standards shall apply insofar as
their provisions do not conflict with these
GTC.
Any provisions of the customer, third parties or other
regulations that deviate from the following provisions
shall only be binding insofar as they are declared in writing to be part of the contract
.
In general, only affected homeowners may place orders.
Other customers must be expressly authorized in accordance with
(right of trust). The contractor only wishes
one person to place an order. The customer shall pay for the services
of the contractor. In principle, the contractor has no
knowledge of the customer's internal processes, such as
finances, budget limits, technology, scheduling and other
delimitations. If the customer wishes to make reservations in this respect
, he must make this known in writing prior to the respective
events. The legal guidelines
in accordance with Art. 363 ff. of the Swiss Code of Obligations apply.
The contracting parties are the contractor and the undersigned
customer. The customer is in any case and exclusively
a party to the contract, irrespective of who owns or rents the property
or apartment in question. If the customer is merely the
manager of a property or apartment, he must expressly state the
name of the party he represents. By placing an order with
, the customer accepts the General Terms and Conditions of the
contractor as binding. - Quotations, offers and prices
The contractor's quotations are based on information provided by the customer,
on-site inspections together with the customer and on the documents and plans provided to
, which were supplied to the contractor by the customer
at the time
the quotation was submitted. The offer prices are valid for three months from the date of the offer
. The quotations are not binding until the order is placed
. Obvious errors in the price calculation of
quotations may be subsequently offset. - Conclusion of contract
The contract for work shall be deemed concluded when the customer has confirmed acceptance in writing to
. - Terms of payment
Unless otherwise agreed, invoices are payable to
within 30 days without any deductions. In the event of
late payment, interest of 5%
p.a. shall be owed from the date of issue of the first reminder. If a discount or rebate
is granted in accordance with the offer, such a discount or rebate shall only apply to direct or additional prices if
the price reduction has again been expressly agreed. In any
case, 90% of the renovation costs must be paid at the end of the work under the conditions agreed
. The mutually signed
work contract authorizes the contractor to invoice an advance payment of
10%. In the event of
subsequent withdrawal from the contract by the customer, this amount will be used to offset the advance expenses already
incurred. This
amount will not be refunded. - Flat-rate price
If a flat-rate price is negotiated and designated as such,
no further deductions are possible. - Retention options
With the acceptance of the work or the handover of the
final invoice and the expiry of the inspection period, all
retention options are excluded. - Refurbishment installation dates
If agreed refurbishment dates cannot be met due to compelling
events, the new
refurbishment date must be agreed. The installation dates are usually agreed by telephone
and then confirmed in writing by the contractor
.
They are binding due to the scheduling of the work. The customer
acknowledges that the work can only be carried out
if the pipes are accessible at all times. He must ensure
that all rooms (apartments, cellar compartments, etc.) are accessible to the contractor's employees
during the entire
working time. Otherwise, it may not be possible to carry out the work, to continue
or to complete it. In the event that the
work has to be discontinued for prior reasons, the contractor shall charge a
flat-rate compensation of at least 2,200.00 per day and house
plus VAT. - Disposition
The contractor only dispositions and confirms the work when a
countersigned work contract is available. - Acceptance
The Contractor may demand interim acceptance. If the work
is completed or if partial acceptance is required, the
contractor shall notify the customer of this in writing or verbally. The customer
is obliged to propose an acceptance date immediately.
If no date is proposed, the work is deemed to have been accepted 5 working days
after notification. Upon acceptance, a
written protocol shall be drawn up, which shall be signed by both parties
. - Guarantee, warranty and rectification of defects
The contractor's guarantee is based on SIA 118 and
is 2 years for visible defects and 5 years for hidden defects. The
guarantee period begins with the acceptance of the work or with the
handover of the final invoice. The warranty extends
exclusively to services provided by the contractor. Excluded from the
warranty are in particular
- defective devices, materials or equipment that may arise when
systems are recommissioned, in particular
heating systems, such as
circulation pumps, vents, etc. - Wearing parts such as seals etc.
- Damage caused by improper installation, maintenance,
incorrect operation, overloading by third parties - Damage caused by operation outside the contractor's specifications
(in particular if the
curing times or the maximum permitted temperatures
are not adhered to) - the cost of replacing defective products
- Existing leaking pipes/pipes
Interventions by the customer within the warranty period without
the express consent of the contractor release the
contractor from any obligation. The customer or
client shall be solely liable for on-site deliveries
of materials and equipment, even if the equipment and materials are installed by the contractor
. The contractor assumes no liability for defects.
The contractor is neither obliged to check the
material supplied on site for suitability nor to report any defects in the
material supplied on site.
- Liability
The Contractor shall not be liable for:
damage due to improper installation and commissioning
of the heating, sanitary and gas installations, improper operation
or inadequate maintenance thereof by the Customer, Client and/or
the heating, sanitary and gas installer. The contractor accepts no liability for damage after
acceptance, unless
these turn out to be hidden defects. - On-site services
It is the sole responsibility of the customer to inform tenants and other
residents in good time.
Deliveries, work and services that are not expressly mentioned and/or defined in the offer
are not included in the prices quoted at
. They are recognized as on-site services. They are recognized as on-site services when the order is placed with
. Such
services may be:
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- all structural work, such as creating and plastering
openings, wall slots, etc. - All drilling, pointing and diamond drilling or
diamond milling work - Recesses e.g. for cable installations
- Construction electricity / temporary power supply for the machinery of the
contractor - Organization of parking spaces for the machinery of the
entrepreneur - Provision of a construction skip for the disposal of waste
from the renovation work - Additional work and/or more material as a result of orders placed by the customer and/or client at
will be invoiced at
.
- Directed work and additional expenses
The Contractor and the Customer cannot ascertain the condition of the
heating, sanitary and gas systems in every case.
If difficulties arise during execution that neither of them assumed
and did not have to assume
even with sufficient care (e.g. clogged pipes due to rust formation, etc.,
difficulties with sandblasting, etc.), and this results in
additional costs, the additional costs shall be charged to the customer
. Insofar as the quotation does not provide a basis, the contractor's
direct prices shall apply. Additional expenses that are borne by the
customer are in particular
- if the pipes are so corroded that there are leaks after cleaning
and these
points have to be repaired conventionally - prior acidification of the pipes in the case of
limescale layers - an additional disconnection or shutdown of the pipes
is necessary because they are clogged with rust and limescale
or at least to such an extent that cleaning is not possible - Foreign materials such as pex, copper, chrome steel or
plastic pipes etc. that have not been visibly used
and must be separated from the installation. - there are demonstrable installation faults, such as e.g. mortised
lines (dead lines) etc. - preparatory work to be carried out by the customer that was not performed
.
- Safety equipment
If safety equipment is found during the work which
does not meet the legal requirements, it can be replaced by
LT Rohr Experten AG without further inquiry and
material and expenses can be invoiced at the usual industry rates
. - Pipeline construction
The customer warrants that its installations comply with the statutory
provisions and have been built
and maintained in accordance with the applicable standards of the
Swiss Gas and Water Industry Association (SVGW).
The customer confirms that there are no dead pipes and no
friction taps (gas installations), that the
existing pipes are mechanically in order, that there is no gross
external corrosion and that the pipes can withstand a pressure
of at least 6 bar.
He confirms that he has understood these terms or has received an explanation from the contractor
. Should these assurances prove to be completely or
partially incorrect, the compaction and/or
rehabilitation may not be carried out and
damage may result. In this
case, the corresponding disadvantages shall be borne exclusively by the customer. - Sealing of heating systems
Sealing is carried out without any warranty claims by the
customer. The contractor rejects any warranty claims.
The customer bears full responsibility for this work. The
contractor cannot be held responsible for
any consequential damage. - Subcontracting
The Contractor remains free to choose its subcontractors and
suppliers. Material, equipment and products shall be supplied within the scope of
the same quality, function and performance.
The quality standards in accordance with the SVGW guidelines shall be guaranteed
in any case. The sole contact and contractual partner
of the customer remains the contractor. The contractor is also
free to transfer all rights and obligations arising from the present
contract to a qualified contractor from Switzerland or
abroad. The contractor must notify the customer
of such a transfer in writing. This notification must contain the
declaration of the acquiring contractor, according to which
assumes all rights and obligations arising from the contract with the
customer. Upon delivery of this notification, the previous
contractor is released from any obligation to the customer
. - Electric cooking facilities
On request, the contractor shall provide the customer of gas pipe renovations
with double hotplates for 230 volts on loan for emergencies at a flat rate of CHF 5.00 per day at
. For the
delivery and collection of the electric hotplates, a
lump sum of Fr. 130.00 will be charged. If the
hotplates are not returned after completion of the work,
will charge the purchase price of Fr. 120.00. All these
amounts are exclusive of VAT. - Pressure tests
Gas pipes; the pressure test is carried out exclusively with an
electronic pressure measuring device supplied by the contractor. The customer and
the responsible gasworks shall each receive a copy of the result.
If the customer or gasworks require repeat tests, further
inspections or additional tests, these shall be carried out by prior notification to
for an additional charge.
Drinking water and heating pipes; the pressure test is carried out
exclusively with compressed air and a pressure measuring device from the
contractor. However, this does not release the installer from his
obligations. A leak test must nevertheless be carried out after reinstallation before
commissioning.
Waste water pipes; no pressure test is carried out. - Place of jurisdiction
The place of performance and jurisdiction for both parties is at the
registered office of the company in Feusisberg.
Feusisberg, August 2022
LT Rohr Experten - 2025
