General Terms and Conditions

Scope and definitions

These General Terms and Conditions apply to all deliveries and services of Mariacher Schweiz AG (hereinafter "the Contractor") towards its customers (hereinafter "the Client") in the field of modular construction, containers and room systems.

They apply in particular to planning, sale, delivery, installation, conversion, extension, servicing and – where expressly agreed – the hire of modules/container facilities.

Definitions: "Works" are services involving production or a defined result (Art. 363 et seq. CO). "Deliveries" are supplies of goods (law of sale, CO). "Work on a time-and-material basis" means services charged according to actual expenditure. "TGA" (building services engineering) covers plumbing, electrical, heating, ventilation and air conditioning as well as PV/energy.

Contractual basis and order of precedence

Unless agreed otherwise in writing, the Swiss Code of Obligations (CO) applies in addition. For works, SIA 118 applies on a subsidiary basis, provided its application is not contractually excluded and no differing agreements exist.

Order of precedence in the event of contradictions:

• Contract / order confirmation
• Bill of services / quotation including variations
• Plans
• these General Terms and Conditions
• SIA 118 (subsidiary)

Differing terms and conditions of the Client apply only if the Contractor has expressly acknowledged them in writing.

Offer, conclusion of contract, documents

Offers and price lists are non-binding. A contract is concluded only upon written order confirmation or signature of the contract.

Documents and plans: floor plans, foundation drawings or connection drawings provided by the Contractor are project-related working documents. The Client must review them – calling in specialists where necessary – and adapt them to local conditions and official requirements.

Amendments and additions must be made in writing (email is sufficient). Arrangements made with fitters on site are not binding without written confirmation.

Scope of services

The scope of services is set out in the contract. Depending on the order, the Contractor provides in particular:

• Modular and container solutions: individual modules, complete facilities, connecting and corridor modules, plant, sanitary, office, school, residential and special modules; multi-storey systems; temporary and permanent facilities.
• Interior fit-out: drywall construction, wall and ceiling systems (incl. fire and sound protection), floor build-ups and coverings, doors and windows, coatings, furniture and special fittings.
• Components and additional elements: facade and cladding systems, plinth/attic storey, roofs and additional roofs, canopies, platforms and kitchen platforms, access balconies, stairs, railings and handrails, drainage (gutters/downpipes where offered), accessories and spare parts.
• TGA (building services engineering): plumbing, electrical, HVAC, data and network, security and fire components (where offered).
• Energy: photovoltaics, inverters, storage, energy management, charging infrastructure (optional).

Services that have not been expressly agreed are not included, for example structural works, excavation work provided by the Client, permanent utility connections, scaffolding and edge protection, unless included in the quotation or the contract.

Subcontractors and specialist trades

The Contractor is entitled to engage subcontractors. Plumbing, electrical, HVAC and PV work is carried out by qualified, licensed specialist firms.

No direct contractual relationship arises between the Client and the subcontractor. The Client must ensure access and coordination for these trades.

Acceptance inspections and tests are carried out in accordance with the relevant regulations (including NIN/ESTI, SVGW, VKF), provided they form part of the scope of services.

Prices, price adjustments and payment terms

Unless stated otherwise, prices are exclusive of VAT and exclusive of fees and charges (for example permits, grid connection).

Payment schedule: payments are made in accordance with the contract. In the absence of a provision, the Contractor may request reasonable instalments based on construction progress.

In the event of late payment, default interest applies in accordance with the CO. The Contractor is entitled to suspend services until payment has been received; any resulting delays are at the Client's expense.

Price adjustments in the event of demonstrable cost changes (materials, transport, energy, raw materials) are permitted, provided they are objectively justified and transparently disclosed.

Security for large-scale projects

For projects with an order value of CHF 500’000 or more, the Contractor may request appropriate security, for example a down payment, instalments, a bank guarantee or an irrevocable payment undertaking.

The type and scope of the security are set out in the contract. The Contractor reserves the right to suspend the works if security is not provided.

Dates, delivery periods, force majeure

Dates and delivery periods are non-binding unless expressly agreed in writing as binding.

Events outside the Contractor's control (force majeure), in particular official measures, supply chain disruptions, strikes, shortages of energy and raw materials as well as natural events, extend deadlines by a reasonable period.

Damages for delay are excluded – as far as legally permissible – except in cases of intent or gross negligence.

Delivery, transport, crane work and positioning, transfer of risk

Transport and delivery are carried out in accordance with the contract. The Client ensures access, manoeuvring space, load-bearing standing and crane areas as well as any road closures and permits required.

Waiting times, for example due to a lack of unloading facilities, inadequate access or missing site clearance, are charged on a time-and-material basis.

Transfer of risk: for deliveries without installation, upon unloading at the agreed location; for construction works, upon acceptance or commissioning (SIA 118 applies subsidiarily).

Client-side prerequisites, permits, foundations, connections

The Client is responsible for building permits, inspection and approval fees as well as for compliance with public law requirements.

Foundations and subsoil: load-bearing capacity, frost depth, soil conditions and foundation statics are to be ensured by the Client and executed professionally. Foundation plans provided by the Contractor are to be understood as proposals and must be checked and adapted by the Client.

Connections and utilities: client-side connections (water/waste water, electrical, communications) are to be provided in good time. Adaptations or additional work are invoiced as a variation or on a time-and-material basis.

Site safety, scaffolding, fall protection, safety and health coordinator (SiGeKo)

The Contractor complies with the occupational safety requirements applicable to its own area of work. The Client is responsible for the general site organisation and for coordinating the various contractors.

Necessary protective measures such as scaffolding, edge protection, fall protection, barriers and safe traffic routes are to be provided by the Client, unless expressly agreed as a service of the Contractor.

If the safety requirements are not met, the Contractor is entitled to interrupt the works. The resulting costs and schedule consequences are borne by the Client (time and material/obstruction).

Where required by law, the Client is responsible for appointing a safety and health coordinator (SiGeKo).

Time-and-material work, variations, daywork sheets

Additional services outside the agreed scope of work are quoted as a variation or – if time-critical – carried out on a time-and-material basis.

Time-and-material work is invoiced according to actual expenditure (working hours, equipment, materials, transport, disposal) in accordance with the Contractor's price list valid on the day of execution.

Daywork sheets are to be checked promptly by the Client or its representative. If no written objection is raised within 5 working days, they are deemed approved.

Installation, interruption, obstructions

The Client ensures that the construction site is properly prepared. Interruptions and obstructions for which the Contractor is not responsible are charged on a time-and-material basis (standstill, waiting time, additional journeys).

The Contractor may engage subcontractors. The Client ensures access for and coordination of the trades involved.

Acceptance, partial acceptance, commissioning, documentation

Once the works are completed, the Contractor gives notice of acceptance. The Client carries out the acceptance within a reasonable period; subsidiarily, the rules of SIA 118 apply.

Partial acceptances and phases may be agreed. Upon commissioning or use, the works are deemed accepted to the corresponding extent, as far as legally permissible.

Documentation, for example operating and maintenance instructions as well as plans, is handed over as agreed.

Warranty, defects, manufacturer guarantees

Construction works are governed by the Swiss Code of Obligations (OR) and, subsidiarily, by SIA 118. Deliveries without installation are governed by the statutory provisions.

Defects must be notified in writing. The Contractor is given the opportunity to remedy them within a reasonable period.

Manufacturer guarantees, for example for appliances, inverters or storage systems, apply in accordance with the respective manufacturer's conditions. Improper use, intervention by third parties or additional loads that were not agreed may void the warranty.

Liability and limitation of liability

The Contractor is liable for direct damage in cases of intent and gross negligence. Liability for slight negligence is excluded – as far as legally permissible.

There is no liability for indirect damage, consequential damage, loss of profit, business interruption or loss of yield (in particular with PV systems).

Total liability is limited – irrespective of the legal grounds – to the order value and, in addition, to the sum insured under the Contractor's business liability insurance.

Insurance (construction, installation, rental, dismantling)

For the construction and installation phase, the Client takes out adequate contractor's all-risk insurance or – where this is not available – erection all-risk insurance which also covers the services of the Contractor and its subcontractors. Proof of insurance is to be presented on request.

From handover or acceptance onwards, the Client must insure the object appropriately.

For rented units, the tenant must maintain property insurance for the rental object as well as liability insurance and bears risks such as damage, theft, vandalism and natural hazard damage (normal wear and tear excepted). Dismantling, transport and restoration in accordance with the contract.

Retention of title and security rights

Goods delivered remain the property of the Contractor until all claims have been paid in full (retention of title).

In the event of default in payment, the Contractor may – as far as permissible – withhold further deliveries and services and demand appropriate security.

Rental (where agreed)

In the case of rental, the respective rental conditions and service descriptions apply in addition. The tenant uses the rental object with care, complies with safety regulations and refrains from structural alterations without consent.

At the end of the contract, the tenant must return the object in proper condition. Damage and missing parts are charged at replacement value.

Photovoltaics and energy systems

Yield and performance figures are forecasts. No specific energy production, remuneration or self-consumption rate is guaranteed.

Grid connection, feed-in contracts, subsidy applications and building law approvals are the responsibility of the Client, unless expressly agreed as a service.

Roof statics and load-bearing capacity are to be checked by the Client. Additional costs arising from structural requirements are invoiced separately.

Data protection and confidentiality

Personal data is processed in accordance with Swiss data protection law. Where necessary, data may be passed on to subcontractors for the performance of the contract. Details on the processing on this website are set out in the privacy policy.

Confidential documents, price lists and plans may not be passed on to third parties without consent (authorities and financing partners involved in the project excepted).

Final provisions

Should any provision be invalid, the validity of the remaining provisions remains unaffected; it is replaced by a provision that comes closest to the economic purpose.

Swiss law applies exclusively. The Vienna Sales Convention (CISG) is excluded. The place of jurisdiction is Staad (SG).