GENERAL TERMS AND CONDITIONS
- Scope of application
The legal relationship between the customer and Mühlemann Transport und Hauswartung GmbH (hereinafter referred to as “MTH”) is generally governed by the quotation with service specification and these general terms and conditions. Express written agreements between the parties take precedence over these General Terms and Conditions.
- Entry into force
The contract shall enter into force on the date indicated in the offer. If no date has been agreed, the contract shall apply from the date of signature of the offer.
- Services provided by MTH
MTH performs the agreed services with care and in accordance with the contract. The content and scope of the services to be provided are specified in the offer and in the specifications. MTH is entitled at any time to have its services provided by third parties.
- Change of services / Additional work
4.1 The calculated costs are based on the extent of the works specified in the tender or in the specifications. Additional services requested by the customer or required by the work process will result in an adjustment and increase in MTH’s remuneration upon presentation of proof of additional costs.
4.2 Additional work requested by the customer will be charged at the hourly rate according to the offer by special agreement or, without special agreement, at the hourly rate.
- Services to be performed by the customer
5.1 The customer shall immediately take all necessary precautions for the provision of the service by MTH. The customer must take the precautions at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of adequate information and documents to handle any subsequent negotiations.
5.2 The customer shall provide MTH with the necessary premises on site for the storage of materials and cleaning agents free of charge. The storage room shall be lockable.
5.3 The customer shall provide MTH with the cold and hot water and electricity required for cleaning free of charge. MTH should be careful to use water sparingly.
5.4 All customer instructions must be communicated directly to MTH’s management. Orders that are sent directly by the customer to the staff are not valid; therefore any liability for such orders is rejected.
- Non-solicitation clause
The Parties agree to strictly prohibit the direct solicitation or engagement of MTH workers. Without the express written consent of MTH, the customer may not attract or employ MTH employees or other assistants on its own behalf or on behalf of third parties. Even after the termination of the contractual relationship, the customer is prohibited from employing, directly or indirectly, employees or other collaborators of the company in any way. This prohibition applies until one year after the termination of the contractual relationship and is limited to the field of activity of the respective employee or vicarious agent. In the event of a breach of this employment prohibition, a contractual penalty of 6 months gross salary of the employee hired is agreed upon. Payment of the contractual penalty does not release the customer from the obligation to comply with this prohibition of entitlement.
MTH undertakes to treat as confidential all information of a private nature obtained for and about the customer in the context of the provision of services. MTH imposes such confidentiality obligations on employees involved in the provision of services.
- Duration of contract / Period of notice
8.1 The Contract may be terminated at any time by either party upon one month’s written and recorded notice to the end of the current month, subject to an agreed notice period (except on 31 December of each year). Unless otherwise agreed, this period shall be at least four months.
8.2 If the customer fails to comply with the notice period, the notice is considered premature and damages may be claimed. Unless the termination of the contract is mutually agreed.
- Prices / payment methods
9.1 All prices are exclusive of the applicable value added tax.
9.2 The customer is obliged to pay the invoiced amount within 15 (fifteen) days of the invoice date. In the case of agreed monthly lump sums, these are paid monthly in full. If the invoice is not paid within this payment period, a reminder will be sent to the customer. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer must pay interest on delayed payment of 5% (five percent). MTH reserves the right to request advance payment at any time and without giving reasons.
9.3 In the event of late payment, MTH is entitled to suspend performance and terminate the contract without notice. MTH shall inform the customer of the time when the services are suspended.
10.1 MTH shall be liable for direct damage caused by gross negligence on the part of MTH up to the amount of the service rendered annually, up to a maximum amount of CHF 20,000.00 per event. Liability for slight and medium negligence is expressly excluded.
10.2 Liability for loss of profit, indirect damage, consequential damage and third party claims is excluded.
10.3 In the event of loss of the keys entrusted to MTH, MTH shall be liable for the costs of replacing the keys. Any other liability is excluded.
10.4 Claims for damages must be notified to MTH immediately in writing, at the latest 7 days after the occurrence of the damaging event. At the end of this period, the claims shall be deemed to have been forfeited.
- Unforeseeable circumstances
If MTH is unable to fulfil its contractual obligations due to force majeure, such as natural events of particular intensity, war, riots, strikes, terrorism, pandemics, unforeseen official conditions, etc., MTH shall not be liable for any loss or damage caused by such force majeure. MTH’s liability is excluded in such cases.
- Additional clauses and contractual supplements
Collateral agreements, amendments and additions to this contract, in particular to the GTC, must be made in writing in order to be valid. This also expressly applies to any changes to this reservation of written form.
- Transfer of rights and obligations / set-off
13.1 The transfer of the rights and obligations arising from this contract to third parties requires the consent of the other party. Section 3 above remains reserved.
13.2 Offsetting of the customer’s claims against MTH’s rights is excluded.
- Separability clause
If one or more provisions of this contract are or become invalid or ineffective, the remaining part of this contract shall not be affected. In the event of nullity or invalidity of a clause, it shall be replaced by a clause that comes as close as possible to the commercial purpose of the invalid provision.
- Applicable law / place of jurisdiction
This contractual relationship is governed by Swiss property law, to the exclusion of Swiss private international law (IPR). The exclusive place of jurisdiction for all legal disputes between the parties is Basel-Stadt.