General Terms and Conditions (GTC)

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1 Basis
 

1.1

Duration and validity of the offer
Unless otherwise agreed, the offer is valid for a period of 3 months from the date of the offer
binding. After this period, the entrepreneur is free.


 

1.2

Ownership of the offer documents and samples
All documents prepared by the contractor such as offers, drawings, plans, studies, preliminary dimensions
and sample boards remain his property. It is forbidden to do this without the consent of the entrepreneur
to pass on or for work that is not carried out by the offering entrepreneur, 
to use.

 

2 Prices

2.1

Price information in offers is a non-binding estimate of the effort, unless a fixed price is expressly stated in the offer.

 

2.2

The prices are in Swiss francs (CHF) and do not include the statutory value added tax

 

2.3

The prices do not include: surcharges for overtime/weekend work requested by the builder or his representative or by the customer; Costs due to work obstacles that were not foreseeable at the time of the advertisement; Additional expenses due to design changes or additions requested by the client.

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2.4

Additional services and a weekend surcharge (20%) which are not expressly included in the offer or in the written work contract must be remunerated separately by the customer - even if a flat-rate or global price has been agreed. The amount of the additional payment owed by the customer is based on the costs and expenses of Olah DMS painting business, unless otherwise agreed.

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3 Working conditions

3.1
 

The customer is obliged to ensure that the Olah DMS painting business has access to the property on which the work is to be carried out, as agreed.

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3.2
Unless otherwise contractually agreed, the customer provides the entrepreneur below
The following resources are available free of charge:
Electric power 220V / 380V
water
At the request of the entrepreneur, a suitable place and / or a lockable room for
Storage of material, devices, machines and tools.
Toilets/toilets


3.3
The erection of dust and protective walls is, unless otherwise agreed in the contract, as a special 
To commission and remunerate the service from the client.

 

3.4
For various outdoor works, flawless execution can only be achieved at a temperature of
more than +14°C   are guaranteed. 

 

3.5
Any weather protection for outdoor work must be provided on site or additionally
be remunerated. Only if the work has to be continued despite bad weather.

 

4 Works in progress
 

4.1
In the case of the position "Work in progress/preliminary work", empirical values are assumed when the offer is made.
If it becomes apparent during the work that the effort is increasing, this will be reported to the client
reported by the entrepreneur within a reasonable period of time. This additional expense is to be reimbursed.

 

5 Deadlines
 

5.1
In order for the entrepreneur to be able to start the work within the specified deadlines, the client must
or his representative in good time, at least 20 working days in advance, all the necessary data und 
provide documents.

 

5.2
Materials can only be ordered once the order confirmation has been signed.

 

5.3
Delays, such as unfinished preparatory work by other contractors, excessive humidity,
insufficient temperatures at the place of work, etc. the entrepreneur can postpone the work.

 

5.4
The customer does not have the right to dissolve the contract or claim damages if a
Deadline cannot be met for reasons for which the entrepreneur is not responsible.

 

5.5
Work interruptions for which the customer is responsible and which are not foreseeable by the entrepreneur,
entitle the entrepreneur to offset the additional costs incurred.

 

6 Seamless coverings
 

6.1
Our cleaning and care instructions must be observed and followed.
If damage occurs due to non-observance, this must be repaired for a fee.

 

6.2
Unfortunately, small stress cracks can occur with spatula coverings. These fine cracks are not 
deficiency and must be accepted as such.

 

6.3
Slight color deviations compared to the sample boards are unavoidable.

 

6.4
Damage caused by subsequent work by other entrepreneurs will be compensated
repaired for a fee.

 

6.5
Color changes caused by aggressive cleaners, dyes or other chemicals
are not covered by the warranty.

 

7 Payment

 

7.1
The entrepreneur is always entitled to charge 90% of the work done.
For orders over 15,000 CHF, a deposit of 30% is due in advance.

 

7.2
Invoices on account are payable within 10 calendar days, final invoices within 14 calendar days
Date of invoice.

 

7.3

In the case of an unpaid invoice, a 20.-CHF reminder fee will be charged.

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7.4
A signed work contract as well as an order confirmation that has not been revoked within a week
are deemed to be an acknowledgment of guilt in accordance with Art. 83 SchKG.

 

7.5
Complaints about defects do not release the customer from his payment deadline in any way.

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8 Acceptance of the work
 

8.1
The work is deemed accepted at the time it is put into use by the client.

 

8.2
Any defects must be reported to the entrepreneur in writing or by telephone within 20 calendar days after use.

 

8.3
The defect rights for recognizable defects that are not reported within this period are forfeited.

 

8.4
With the acceptance, the work goes into the care and risk of the client.

 

9 Liability for Defects
 

9.1

The customer must check the work carried out immediately after its completion. Any defects are  must be reported in writing or by e-mail within 20 calendar days of the completion of the work.

 

Hidden defects that only become apparent later despite proper inspection of the work must be reported by the customer in writing by e-mail within 7 working days of their discovery.

 

This regulation applies unless the applicability of the notice period SIA Norm 118 has been agreed in writing.
 

9.2
After the 2-year notice period has expired, the entrepreneur provides a warranty for a further 3 years
for the freedom from defects in his work.
 

 

9.3

The customer's claims for defects in the work expire 5 years after acceptance of the work.

 

9.4

Changes in color and soiling as a result of the natural aging process and natural weather influences (wind, hail, rain, etc.) do not constitute defects in this sense and do not justify any warranty claims by the customer.
 

9.5
The entrepreneur's warranty does not apply to damage caused by missing or improper
maintenance are due.

 

9.6
The entrepreneur does not assume any liability for the quality of material supplied by the customer.
SIA 118/248, Art. 6.7

 

9.7
Material that has only been delivered by the entrepreneur but has been laid by a third party can be referred to after
No defects can be claimed on the same anymore.

 

10 Governing Law and Jurisdiction
 

10.1
Swiss law is applicable. Disputes will be before the ordinary courts

 

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Zürich, Sept 2021 - Tamas Istvan Olah                                                                   Olah DMS – Dekorativ Malersystem