Terms and Conditions

1.1 These General Terms and Conditions apply to all contracts, offers and services of RF Bau GmbH, Wilenstrasse 26, 8832 Wilen (hereinafter 'Contractor'), vis-à-vis its clients (hereinafter 'Client').

1.2 Deviating, conflicting or supplementary GTC of the Client shall only become part of the contract if and insofar as the Contractor has expressly agreed to their validity in writing.

1.3 In addition, the SIA Standard 118 (General Conditions for Construction Work) and the relevant SIA standards apply, unless otherwise agreed.

2.1 Offers by the Contractor are non-binding unless expressly designated as binding.

2.2 The validity of offers is 30 days from the offer date, unless otherwise stated.

2.3 A contract is only concluded upon written order confirmation by the Contractor or upon commencement of work.

2.4 Oral side agreements, changes and additions to the contract require written form to be valid.

2.5 The Contractor retains ownership and copyright of all plans, sketches, cost estimates and other documents. These may not be reproduced or made accessible to third parties without express permission.

3.1 The scope of services is defined by the construction contract, order confirmation, plans, specifications and these GTC.

3.2 Changes to the scope of services (supplements, day-rate work, additional services) require written agreement. The Contractor is entitled to invoice additional costs for additional or modified services.

3.3 The Contractor is entitled to engage subcontractors. It remains responsible to the Client for the services.

3.4 The Client shall provide the necessary connections for water, electricity and sanitary facilities at the construction site free of charge, unless otherwise agreed.

4.1 All prices are in Swiss Francs (CHF) exclusive of value-added tax (VAT), unless otherwise stated.

4.2 Unless otherwise agreed, billing is as follows:

• 30% upon order placement (down payment)
• 40% upon reaching shell construction stage or at half of the work
• 25% upon completion of work
• 5% after expiry of the objection period (30 days after acceptance)

4.3 Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed.

4.4 In case of late payment, the Contractor is entitled to charge default interest of 5% p.a. and reminder fees.

4.5 The Contractor is entitled to suspend work in case of late payment until outstanding amounts are settled.

4.6 In the event of significant changes in material prices or labor costs between offer and execution, the Contractor is entitled to make a corresponding price adjustment.

5.1 The Contractor carries out the work professionally, according to recognized construction standards and in compliance with applicable regulations.

5.2 Execution dates are non-binding guidelines unless expressly designated as binding.

5.3 Execution deadlines are extended appropriately in case of:

• Weather conditions preventing proper execution
• Delays caused by the Client or third parties commissioned by them
• Unforeseen complications (e.g. ground conditions)
• Force majeure (e.g. pandemic, strike, supply shortages)
• Changes and additional orders

5.4 The Client shall grant the Contractor free access to the construction site during agreed working hours.

6.1 Upon completion of work, a joint acceptance takes place. The Client is obliged to participate in the acceptance within 10 working days of being requested.

6.2 Obvious defects must be reported at acceptance. Hidden defects must be reported in writing immediately upon discovery, but no later than before the warranty period expires.

6.3 The notification period for obvious defects is 30 days from acceptance. After this period, the work is deemed approved.

6.4 Commissioning or use of the work by the Client constitutes acceptance.

7.1 The Contractor warrants the professional execution of work in accordance with recognized construction standards and agreed specifications.

7.2 The warranty period is 2 years from acceptance, unless otherwise agreed or legally required.

7.3 In case of justified defect notifications, the Contractor has the right to remedy the defect or replace the defective part at its discretion.

7.4 The warranty does not apply in case of:

• Improper treatment or use by the Client
• Changes or repairs by third parties without the Contractor's consent
• Normal wear and tear
• Defects attributable to materials provided by the Client
• Damage caused by force majeure

7.5 For installed third-party products and materials, the warranty conditions of the respective manufacturers apply.

8.1 The Contractor is liable for damages caused by intentional or grossly negligent conduct of its officers or agents.

8.2 For slight negligence, the Contractor is liable only for breach of essential contractual obligations (cardinal obligations).

8.3 Liability is in any case limited to the amount of the order sum, but not exceeding the coverage amount of the Contractor's business liability insurance.

8.4 Liability for indirect damages, consequential damages, lost profits or production losses is excluded to the extent permitted by law.

8.5 The Contractor has business liability and construction insurance. Upon request, proof of insurance will be provided to the Client.

9.1 The Contractor retains title to all delivered materials and installed parts until full payment is received.

9.2 The Client is obliged to cooperate in the registration of a retention of title in the retention of title register at the Contractor's request.

10.1 The Contractor expressly reserves the right to register a builder's lien pursuant to Art. 837 et seq. of the Swiss Civil Code (ZGB) to secure its claims.

10.2 The Client acknowledges that registration of a builder's lien may take place within 4 months of completion of work.

11.1 The Client may terminate the contract at any time. In this case, the Contractor is entitled to payment for services rendered as well as reimbursement of costs incurred due to termination and lost profit.

11.2 The Contractor is entitled to withdraw from the contract if:

• The Client is significantly in arrears with payments
• Insolvency proceedings are initiated against the Client's assets
• The Client fails to fulfill cooperation obligations despite warning

11.3 In case of justified withdrawal, the Contractor is entitled to payment for all services rendered as well as damages.

12.1 Both parties undertake to keep all confidential information received in the course of cooperation secret and not to pass it on to third parties.

12.2 The Contractor is entitled, with the Client's consent, to use the completed work as a reference project and to take photographs for advertising purposes.

14.1 Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.

14.2 Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules.

14.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Schwyz, Switzerland. However, the Contractor is also entitled to sue the Client at the Client's general place of jurisdiction.

14.4 These GTC may be amended by the Contractor at any time. For existing contracts, the GTC valid at the time of contract conclusion apply.