days with us AG (DWU AG)
Stand: 20. November 2024
1. Scope of Application
These General Terms and Conditions (“GTC”) apply to all legal transactions concluded between days with us AG (“DWU AG”) and its contracting partner (“Client”). They automatically become valid upon commissioning DWU AG. The cooperation is based on partnership, fairness, respect, transparency and constructive dialogue.
DWU AG provides its services exclusively on the basis of these GTC. They also apply to all future business relationships, even if not expressly referenced. Deviations, amendments or additions require written form.
If individual provisions are invalid, the validity of the remaining regulations and contracts remains unaffected. Deviating terms, especially the Client’s own GTC, are only binding if submitted in writing and approved by two authorized representatives of DWU AG.
The GTC are publicly accessible on the DWU AG website and will be provided by mail upon request.
2. Contract Components
The following documents form part of the contract/offer:
Offer / Order confirmation incl. these contractual conditions
Attachments to contract/offer/order confirmation
Terms/specifications, performance descriptions, construction descriptions/plans
Explicitly referenced norms of SIA or other Swiss industry associations
General contractual conditions of the contractor (only valid if expressly agreed under "Special Agreements")
3. Order of Precedence
If contractual components conflict, the following order applies:
Contract document / Offer / Order confirmation incl. contractual conditions
Attachments
Client’s specifications or construction descriptions
Contractor’s offer
Plans, samples, models
Submission specifications
SIA Norm 118 (2013)
Other explicitly referenced norms
Swiss Code of Obligations (OR)
Norms of other industry associations
4. Offers & Order Confirmation
DWU AG prepares offers based on the briefings and documents received. Unclear or incomplete inputs may lead to indicative prices. Unit prices apply only when the full scope is commissioned.
Offers without a fixed validity period are valid for 60 days. An offer becomes binding only upon written confirmation by the Client. Additional services will be billed separately based on effort.
Price catalogue changes during decision-making may lead to price adjustments.
5. Presentations and Project Requests
Competition or pitch presentations require prior agreement on compensation. Without assignment, all rights remain with DWU AG and all documents must be returned.
Pitching fees do not transfer copyright or design rights. These may be acquired separately.
6. Performance Specification
The performance specification may not be altered unilaterally by the contractor. Amendments must be submitted as separate supplementary offers.
Unclear or contradictory information must be reported by the contractor; failure to do so excludes claims based on such inconsistencies.
7. Written Commissioning
Commissioning must be made in writing and constitutes full acceptance of the GTC.
8. Client’s Duty to Cooperate
The Client must provide clear briefings, budgets, timelines and required information in a timely manner. Additional effort resulting from insufficient cooperation will be invoiced.
9. Withdrawal, Project Termination, Postponement
If a project is terminated after commissioning without fault of DWU AG, all accrued services plus 10% of the total project volume will be charged.
10. Deadlines
DWU AG strives to meet deadlines but accepts no liability for delays unless caused by gross negligence. Liability for delays caused by third parties is excluded.
11. Acceptance
The visual acceptance must occur within one month after notification of completion. The results and approval will be recorded in a protocol.
12. Prices and Hourly Rates
Hourly rates range between CHF 135 and CHF 500 unless otherwise agreed.
13. Payment Terms
DWU AG may request a 50% advance payment upon commissioning. Interim invoices are due immediately.
In case of late payment, DWU AG may halt the project. Default interest: 5% from invoice date. Final invoices are payable net within 30 days.
14. Liability
DWU AG is liable only for intent or gross negligence. Legal and contractual notice periods apply (2 years for apparent defects, 3 years for hidden defects). The Client is initially entitled to defect rectification.
15. Insurance
DWU AG has business liability insurance up to CHF 5 million. Additional insurance (e.g., theft, vandalism) must be purchased by the Client.
16. Use of Preliminary Studies, Designs and Drafts
All sketches, plans, concepts, 3D data, prototypes etc. remain the property of DWU AG. They may not be used or shared without written permission.
17. Copyright and Intellectual Property Rights
Unless otherwise agreed in writing, all rights remain with DWU AG. Transfer occurs only after full payment.
Usage is permitted solely within the scope of the commissioned project.
18. Third-Party Rights
The Client guarantees that their specifications do not infringe third-party rights.
19. Auxiliary Persons and Subcontractors
DWU AG may involve freelancers or substitutes. The contractor’s subcontractors require approval by the project management.
20. Publications
Unless agreed otherwise, DWU AG may use images and documents of completed projects for marketing purposes.
21. Applicable Law
Swiss law applies.
22. Place of Jurisdiction
Jurisdiction is at the registered office of DWU AG. Alternatively, DWU AG may sue at the Client’s place of business.
23. Final Provisions
Invalid provisions do not affect the validity of the remaining terms. Amendments to the GTC may be made at any time and must be in writing.
Zurich, 20 November 2024
days with us AG