1 Fundamentals and scope of application

1.1 These PG Solar General Terms and Conditions (GTC) apply to the contractual relationship between the customer and PG Solar GmbH (hereinafter referred to as “PG Solar”).

Any deviating agreements must be made in writing by both parties (e-mail permissible).

1.2 PG Solar is a limited company with its registered office in Freienbach (SZ), Talstrasse 37, 8808 Pfäffikon.

1.3 Agreements deviating from these GTC, in particular general terms and conditions of customers or third parties, shall only be recognised if PG Solar expressly agrees in writing.

1.4 Should any provision of these GTC be or become void or unenforceable, the GTC as a whole shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a new provision which corresponds as closely as possible in meaning and purpose to the GTC and in its economic effect to the provision to be replaced.

1.5 In addition to these GTC, the following standards shall apply in the order set out below:

i. SIA Standard 118: General Conditions for Construction Work. SIA Standard 118/380 applies in addition.
SIA Standard 108: Regulations for services and fees of mechanical and electrical engineers as well as specialist engineers for building installations.

ii. provisions of the Swiss Code of Obligations.

2 Offer and award of contract

2.1 PG Solar shall submit a written offer to the customer. Unless otherwise stated in the quotation, PG Solar shall remain bound for three months from the date of the quotation.

2.2 PG Solar’s services and supplies are exhaustively described in the offer. The following are reserved:
       Additional work/supplements and changes/additional services in accordance with clause 4.

2.3 If the offer contains indicative prices, these shall not be binding. The corresponding deliveries and services shall be recorded on an ongoing basis and invoiced at contract conditions, unless otherwise agreed in writing.

If the target price is exceeded, this shall be communicated to the customer.

2.4 Unless otherwise stated in the offer, overtime, night and Sunday work performed shall be invoiced according to the rates for direct labour (cf. Section 5.3).

2.5 The client shall place the order in writing (letter, e-mail, fax) with reference to the corresponding offer.

3 Additional work and changes

3.1 Additional work/supplements

Additional work or extensions to the order shall be carried out at the written request of the customer.

3.2 Changes/additional services

If the offer is based on a work description, any deviations must be mutually agreed in writing. The resulting expenditure shall be compensated in accordance with clause 5, unless otherwise agreed in writing.

3.3 If PG Solar discovers that the agreed execution of the work results in additional services (labour, material, etc.) which it did not know or could not have known when preparing the offer, it shall inform the customer in writing. In the absence of a written objection by the client within five working days of receipt, the additional work shall be deemed to have been approved and the costs shall be borne by the client in accordance with clause 4.

3.4 The customer shall notify PG Solar of any external circumstances affecting PG Solar’s performance of the contract immediately after becoming aware of them.

Unless otherwise agreed, the resulting additional expenditure shall be compensated in accordance with clause 4.

4 Direction

4.1 Work and services which are not based on a quotation or which are additionally requested by the customer shall be deemed to be direct work. Likewise, work and services in the absence of unit prices as well as changes and damages as a result of project planning errors for which the customer is responsible shall be considered as direct labour.

4.2 Work carried out on site (including materials) shall be recorded by means of a work report which shall be submitted to the client or his representative for information.

4.3 The work shall be invoiced in accordance with PG Solar’s invoicing rates for work performed by subcontractors.

5 Rights and obligations of the customer

5.1 The Customer shall provide PG Solar with the site installations necessary for the performance of the contract.

5.2 The Customer shall provide PG Solar with all current plans and necessary information on the existing flush-mounted installations in good time in the event of installations, drilling, breakthroughs or pointed work.

5.3 Work and services which become necessary through the fault of third parties shall be borne by the customer and invoiced separately.

6 Rights and obligations of PG Solar

6.1 The performance of the contract shall be carried out in accordance with the proven and recognised working principles and rules of technology, using suitable material.

6.2 PG Solar is entitled to call in third parties with the necessary expertise to perform the services defined in the offer.

7 Occurrence / finding of substances hazardous to health, in particular asbestos

7.1 The Customer acknowledges that PG Solar is required by law to stop work immediately if a substance particularly hazardous to health, such as asbestos, is found in the course of the work. In this case, PG Solar shall inform the Customer immediately.

7.2 The Customer is obliged to inform PG Solar in advance of any known occurrence of asbestos or other substances hazardous to health.

7.3 The agreed deadlines and dates shall be postponed until further notice if work is stopped for this reason and shall not be continued until the necessary measures have been completed or the risk assessment has been carried out.

7.4 The customer shall initiate the detailed hazard identification and risk assessment as well as any necessary measures. The costs for this as well as for the professional disposal shall be borne by the customer.

7.5 PG Solar shall not assume any liability for damage and delays arising in connection with substances hazardous to health. In particular, it cannot be held liable for asbestos removal.

8 Deadlines

8.1 Compliance with the deadlines agreed in writing shall be subject to the timely instruction and handover of all technical execution documents as well as compliance with the delivery deadlines by the subcontractors and the timely completion of the preliminary and ancillary work on site. If PG Solar’s deadlines cannot be met due to late instruction or documentation by the Customer, PG Solar shall not be liable for any resulting damage.

9 Liability

9.1 PG Solar’s liability shall be limited to the mandatory legal liability for damage caused by intentional and grossly negligent acts of its employees, legal representatives and vicarious agents.

9.2 PG Solar shall only be liable for direct damage. Any further liability is excluded.

9.3 PG Solar shall not be liable for any damage or consequential damage which arises despite careful fulfilment of the order in accordance with the plans submitted.
In particular, PG Solar cannot be held liable for damage to existing, concealed lines not shown on the plans.

9.4 If customers purchase or commission supplies and/or services directly from PG Solar’s subcontractors or sub-suppliers, they shall have no liability or warranty claim against PG Solar for these services.

10 Acceptance and Warranty

10.1 PG Solar’s warranty services shall be governed by the provisions of SIA Standard 118 (Art. 172 et seq.). However, the maximum warranty period shall in any case be two years from acceptance of the work.

10.2 After completion of the work, the work shall generally be accepted jointly by the customer and PG Solar. An acceptance report shall be drawn up and signed by both parties. If the work is taken into use by the customer before the joint acceptance and the final invoice, the work shall be deemed to have been accepted.

10.3 If no acceptance takes place in accordance with clause 10.2, the customer may demand acceptance in accordance with clause 10.2 in writing within 20 days of dispatch of the final invoice.
If this period expires unused, the acceptance shall be deemed to have been tacitly and the warranty period in accordance with the SIA standard begins to run.

10.4 If the work shows no defects or only insignificant defects at the time of acceptance, the work shall be deemed to have been accepted and the warranty period shall begin to run.

10.5 If the work has significant defects which impair its functionality, the defects shall be recorded and acceptance shall be postponed and a period of time shall be agreed for the rectification of the defects. Thereafter, a new inspection shall be carried out in accordance with the above clauses.

10.6 The manufacturer’s warranty provisions shall apply to equipment, with PG Solar providing a warranty for a maximum of two years.

11 Payments on account / part payments / advance payments

11.1 Appropriate payments on account or instalments may be requested at any time as the work progresses.

11.2 The payment period for payments on account and instalments shall be 30 days from the date of invoice, unless otherwise agreed in writing. PG Solar reserves the right to interrupt or stop work if the payment deadline is not met.

After an appropriate reminder and the expiry of a final 30-day payment period, PG Solar shall be entitled to withdraw from the contract and to charge the customer for the costs incurred as well as the lost profit.

11.3 In exceptional cases, PG Solar shall be entitled to demand a reasonable advance payment before commencing and during the performance of the work.

11.4 A retention according to Art. 149 ff. SIA 118 is excluded.

12 Invoicing / Terms of Payment

12.1 The final invoice shall be issued after completion of the order or after acceptance of the work.

12.2 The term of payment shall be 30 days net from the date of invoice, unless otherwise agreed in writing. Special terms of payment agreed in writing, such as discounts, shall be taken into account and deducted when the invoice is issued.

13 Applicable law and place of jurisdiction

Swiss substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is 8807 Freienbach SZ.