a) These General Terms and Conditions (hereinafter referred to as GTC) shall apply to all contracts concluded between pixon engineering AG (hereinafter referred to as pixon) and a contractual partner in the field of consulting and engineering, including contracts with suppliers and sub-planners.
b) The order of precedence of the contractual documents is determined as follows:
a) An offer shall be binding for the period specified by pixon. If no deadline is specified, the offer shall expire within two months from the date of issue of the offer.
b) The contract is concluded as soon as the contractual document has been signed by
both contracting parties. In the absence of a contractual document, the contract shall be deemed to have been concluded at the time of receipt of the written order.
a) pixon shall safeguard the interests of the contractual partner, in particular
the achievement of its objectives, to the best of its knowledge and ability and shall provide the contractually agreed services in compliance with the generally recognized rules of the respective specialist field.
b) pixon shall provide the contractual service in accordance with the schedule agreed with the contractual partner. In the event of a delay in delivery, the
contractual partner shall grant pixon a reasonable grace period.
a) The price is based on the statutory provisions applicable at
the time the contract is concluded. If changes in
the legal situation lead to additional costs, this shall result in an amendment to the contract to be approved in writing by the contractual partner.
The additional costs shall be borne by the contractual partner.
b) pixon reserves the right to charge additional costs due to currency changes.
c) Unless otherwise agreed, all invoices are payable net 30 days
after receipt of the invoice.
d) The retention of payments and the offsetting of counterclaims not expressly recognized by
is excluded.
e) In the event of default of payment, pixon shall charge the statutory default interest
in the amount of 5%. Processing costs for correspondence and
collection measures shall be invoiced at cost.
f) In justified cases, pixon may demand security or an
advance payment.
a) The contracting parties are obliged to treat as confidential all information that
obtains from the
other party within the framework of the existing contractual relationship.
b) Unless otherwise agreed in writing, pixon may include the name of the contracting party and a brief description of the services in its reference list.
c) pixon is authorized to grant third parties involved in the fulfillment of the contractual obligations
access to the documents and to submit information. pixon obliges these third parties to treat the knowledge confidentially.
a) All intellectual property and industrial property rights and in particular the copyright to your work shall remain with pixon. In particular, drafts and parts of works shall also be deemed to be works if they are intellectual creations with an individual character. However, the contractual partner shall have the right to use the work results of pixon for the agreed contractual purpose.
b) The disclosure of documents, products and other work results or parts thereof as well as individual technical statements to third parties by the contractual partner shall only be permitted with the express written consent of pixon.
During the execution of the contract and for one year after its termination, the contractual partner undertakes not to entice away employees of pixon and not to make them an offer of employment.
a) In the event of liability on the part of pixon towards the contractual partner, such liability shall be limited to the contractual remuneration for the activity associated with the damaging event, but to a maximum of the insured sum.
b) Under no circumstances shall pixon be liable for consequential damages and pure financial losses.
c) The contractual partner shall be liable towards pixon for all damages culpably caused in the course of performance of the contract.
The contract is subject exclusively to Swiss law.
The exclusive place of jurisdiction is Visp
a) These General Terms of Business ("Terms") apply to all contracts that have been and will be concluded between pixon engineering AG ("pixon") and a contracting party in the area of consulting and engineering, including contracts with suppliers and sub-planners.
b) The following hierarchy of contract documents shall apply:
c) Should a provision of these Terms become illegal, invalid or unenforceable, the legality, validity or forceability of the remaining provisions will not be affected thereby.
a) Unless otherwise specified by pixon in the respective quotation, all quotations are binding for two months.
b) The contract is concluded upon signing of the contract document by both contracting parties. Without a written contract document, the contract is concluded upon the time of receipt ofthe written order or the written order confirmation by pixon.
a) pixon warrants that it will protect the interests of the contracting party to the best of its knowledge and ability and will provide the agreed services in accordance with standard practice rules ofthe respective area of expertise.
b) pixon shall provide its contractual service according to the agreed schedule. In the event of a delay, the contracting party shall grant pixon a reasonable extension. If pixon thereafter is unable to comply with the agreed deadline, the contracting party shall be entitled to take necessary statutory measures, but not to claim any damages.
a) Prices are based on the statutory provisions valid at the time of the conclusion of the contract. Changes in the legal situation may lead to an alteration of the contract, consented by the contracting party by written agreement. The contracting party shall bear the additional costs thereof.
b) pixon reserves its right to charge additional costs resulting from currency fluctuations.
c) Unless otherwise agreed in writing, all prices are in Swiss francs and invoices shall be paid within 30 days net of receipt of the invoice.
d) The retention of payments and the set-off of counterclaims without prior written consent by pixon is excluded.
e) In the event of a delay of payment, pixon may charge a statutory default interest of 5%. Handling expenses for correspondence and collection may be invoiced at cost.
f) In justified cases, pixon may require a deposit or prepayment.
a) The contracting parties shall treat all information obtained from the other party in the context of the existing contractual relationship as confidential.
b) Unless otherwise excluded in writing, pixon may include the name of the contracting party and a short performance description in its reference list.
c) pixon may grant access to third parties to necessary documents in order to fulfill the contractual obligations. pixon shall commit these third parties to confidential treatment of the knowledge.
a) All intellectual property and patent rights and in particular the copyright on its work results remain with pixon. Drafts and parts of work results are also considered as work results as long as they are intellectual creations with individual character. However, the contracting party has the right to use the workresults of pixon for the agreed purpose of the contract.
b) The transfer of documents, products and other work results or parts thereof as well as individual technical statements to thirdparties by the contracting party may be permitted only upon the explicit written consent of pixon.
During the execution and one year after the termination of the contract, the contracting party shall neither undertake to collect any pixon employees nor to submit a work offer.
a) In the case of pixon's liability, the liability is limited to the contractual remuneration for the activity connected to the damaging event, however no more than the insured sum.
b) In no event pixon is liable for any consequential loss or financial damage.
c) The contracting party is liable to pixon for all damages caused at fault during the contractual performance.
a) These Terms, any quotations, agreements and contracts between pixon and the contracting party are subject to and governed by Swiss law exclusively.
b) The exclusive place of jurisdiction is Visp.
Holbeinstrasse 75
CH - 4051 Basel
Janderstrasse 9
DE - 68199 Mannheim
