General terms and conditions of business
1.1 The general terms and conditions of koncret IT competences GmbH, the future called koncret, apply to the koncret internal commerce and for the external
customer relationships of koncret.
1.2 Terms of the customer are excluded.
2.1 The contract will be concluded with the return of a signed copy of the offer by the principal of koncret or a separate order.
2.2 All agreements and legally relevant declarations by the Parties shall be valid only in writing.
2.3 Should a provision of these terms and conditions prove to be wholly or partly ineffective, the Parties shall replace this provision by a new legal and econo
mic success agreement.
3. Execution of the work
3.1 Koncret, committed to the careful execution of the contractually accepted orders.
3.2 Koncret, can subcontract the accepted contractual assignments by third parties. In this case, liable koncret, for applying due diligence when choosing
and instructing the the mandated third party.
3.3 The principal is other consulting companies during the term of the contract, the tasks of the koncret, only after prior consultation with Koncret use.
4. Premature cancellation of contract
The order can be revoked at any time, or terminated by either party. If this is done, however, at the wrong time, the withdrawing member to make compensation of the other damage caused is obliged (OR Art. 404). koncret has, in any case entitled to remuneration for their work until the resolution work.
If the client unilaterally cancels the contract, so has koncret, are entitled to claim compensation for the damage arising from the withdrawal or parts of
the revenue loss.
The client may use the work results of koncret, only for the contractually agreed purpose within its own company. The customer may therefore publish the
results of work without written consent of the pass koncret, to third parties nor. The copyright on the work remains in any case koncret.
6.1 Koncret, ensures confidentiality of confidential documents and information that it receives or learns in the performance of contractual obligations under
taken by the client. Koncret, requires its employees and if necessary subcontractors, not to make such manufacturing and business documents to third
parties. However Koncret is authorized to use lessons learned without breach of confidentiality for the execution of contracts with third parties in the
fulfillment of the contractual obligations assumed.
6.2 on the customer received in connection with the performance of the contract documents of the client remain the property of the client and can by him
within two years after the conclusion of the contract at any time be reclaimed
The customer must immediately check the result of the work koncret, after its delivery. If the client, objected within four weeks after delivery the work
result not writing to koncret, the work result 8 of these terms and conditions shall be deemed accepted and koncret liable only within the framework of
8.1 Koncret, is liable for the careful execution of the contract in accordance with accepted work.
8.2 The client has to make a possible claim immediately after the discovery of the error in writing to Koncret, contends. The liability claims against Koncret,
however, expires if such a claim is not made at the latest three months after the claim handover of the work result.
8.3 The liability of koncret is monetarily limited to the price agreed in the corresponding contract.
8.4 Koncret liable under any circumstances for indirect damage or loss, such as loss of use, loss of production or costs associated with a business interruption.
9. Charge Rates
9.1 Through koncret, invoiced billing rates are contracted, either in the treaty itself or in an annex thereto, set.
9.2 Koncret, reserves the right to these cost rates periodically, usually annually, to adapt. Contractually agreed charging rates apply but without opposite
appointment for the fulfillment of all obligations under the contract.
10.1 Koncret, provides a monthly invoice for the work done so far and received costs.
10.2 Invoices are due within 10 days from date of invoice, net without deduction of discounts, expenses, taxes, duties, etc., to pay.
10.3 Does not comply with the customer a payment deadline, so he is without further warning from the due date in arrears.
11. Jurisdiction and Applicable Law
11.1 The legal relationship is subject to Swiss law.
11.2 Jurisdiction for the customer and koncret, Zofingen / Switzerland is. Koncret is, however, entitled to sue the customer at its registered office.
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