Terms of services
General Terms and Condition
1. Application of the General Terms and Conditions
These General Terms and Conditions (GTCs) of AT Clean Team GmbH apply, regardless of the legal nature of the relevant contract, for all agreed services and deliveries by AT Clean Team GmbH, unless otherwise agreed originally or subsequently in writing . Terms and conditions of the buyer, orderer or client (hereinafter “Customer”) do not apply. Changes and additions to the General Terms and Conditions must be made in writing.
2. Ineffective provisions/contractual loopholes
Should individual provisions of the GTCs be or become ineffective in whole or in part, this does not affect the effectiveness of the remaining provisions. In lieu of an ineffective provision, the provision that corresponds as closely as possible to the ineffective provision and is consistent with the economic meaning and purpose of the contract applies. Contractual loopholes are closed by such provisions which best correspond with the economic purpose of the contract as well as the balance of the agreed rights and obligations of the contractual partners.
3. General obligations of AT Clean Team GmbH
AT Clean Team GmbH provides the services with due care and expertise. AT Clean Team GmbH provides the qualified personnel required for the provision of services and coordinates all activities that are required for the smooth provision of services. AT Clean Team GmbH undertakes to comply with the applicable health and safety regulations and to adhere to working conditions. AT Clean Team GmbH also ensures that all social benefits (AHV, IV, EO, ALV etc.), withholding taxes and other compensation payments be billed and paid in accordance with the law. AT Clean Team GmbH undertakes to observe equal pay between men and women.
4. General obligations of the Customer
The Customer reimburses AT Clean Team GmbH for all contractually agreed services and all services additionally requested by the Customer according to a separate agreement. The Customer is obliged to provide AT Clean Team GmbH with the information required to fulfil the agreed services in a suitable form, unsolicited and in good time. In particular, he shall ensure that AT Clean Team GmbH is informed about the internal regulations applicable at the individual sites (in particular site-specific safety regulations). The Customer shall provide AT Clean Team GmbH with the water and electricity required for the performance of the services free of charge. The Customer shall guarantee access authorisations and provide the rooms (storage areas, offices, etc.) necessary for the provision of services free of charge.
5. Compliance with deadlines
AT Clean Team GmbH undertakes to comply with the agreed and guaranteed deadlines in accordance with the agreement . If a delivery date has not been agreed or guaranteed as “fixed”, it is only approximate. If the necessary requirements for the fulfilment of the services by AT Clean Team GmbH are not guaranteed by the Customer, AT Clean Team GmbH is released from the deadlines set for it to the appropriate extent.
6. Use of subcontractors
AT Clean Team GmbH is entitled to use subcontractors for the provision of the agreed services . AT Clean Team GmbH informs the Customer about the involvement of subcontractors. AT Clean Team GmbH is liable for the actions and omissions of the subcontractors as it is for its own employees.
7. Billing and payment
The annual flat rates for the individual services to be provided are added up and invoiced monthly in twelve equal instalments. For recurring flat-rate services, invoicing is monthly. Projects, fixed quoted one-off services or services that are provided and charged on a time and material basis are shown and invoiced after the service has been provided. For projects or one-off services that last longer than 14 days, AT Clean Team GmbH has the right to request payments on account. The payment term is 10 days. After the due date, default interest of 6% pa is owed. A delay in payment of more than 60 days entitles AT Clean Team GmbH to interrupt the agreed or guaranteed service after written notification. Any claims for damages remain reserved.
8. Remuneration/price adjustment
Remuneration The prices are set in a separate agreement. Unless otherwise agreed, the prices do not include VAT. Price adjustment The price adjustment is based 80% on the development of the current wage and ancillary wage costs and 20% on the national consumer price index. If the cost bases change after 12 months or at the end of the calendar year, AT Clean Team GmbH is entitled to adjust the prices: As a rule, the new prices will come into effect on 1 January after prior written notification. Any increases in statutory levies may be passed on at any time from the date on which they come into force.
9. Changes to services/additional work
The calculated remuneration is based on the agreed scope of services. Changes to the services ordered by the customer or imposed by the work process or resulting from changes in statutory regulations shall result in a contract amendment and a corresponding price adjustment. A reduction in the services, which results in a reduction in the number of employees from AT Clean Team GmbH can only be taken into account after the 3-month notice period has expired.
The parties generally undertake, for the duration of the contractual relationship as well as after its termination, to treat all data or information of the other party received in the performance of this contract as confidential, not to disclose it to third parties and not to use it for purposes other than the performance of this contract. The duty of confidentiality does not apply to information that is demonstrably known or becomes public knowledge without the assistance of the recipient of the information.
11. Contract duration/termination
The contractual relationship begins with the signing of the contract by both parties and is concluded for an indefinite period. The notice period is one month and can be given at the end of each month, subject to the notice period. The termination must be made in writing by registered post.
12. Warranty/service provision
Defects in the cleaning services performed by AT Clean Team GmbH may be notified in writing up to 2 days after the performance of the service. Latent defects remain reserved. Deviations with regard to the agreed performance shall be deemed to be a defect. Defective services shall be repaired by AT Clean Team GmbH free of charge within a reasonable period of time.
For direct damage caused by negligence on the part of AT Clean Team GmbH, AT Clean Team GmbH shall be liable up to the amount of the service provided per year, but not exceeding CHF 5,000,000.00 per year. The liability for indirect damage and consequential damage such as lost profit and claims by third parties is excluded as far as legally permissible. AT Clean Team GmbH accepts no liability for damage resulting from the cleaning method mandatorily prescribed by the Customer. In the event of loss of entrusted keys, as well as of media of a similar nature, AT Clean Team GmbH shall be liable for the costs of replacement. Further liability is excluded as far as legally permissible . In the case of particularly sensitive keys (e.g. master key, key for access to storage rooms with valuable products) the Customer must inform AT Clean Team GmbH in writing upon handover . AT Clean Team GmbH must be informed immediately in writing of claims for damages no later than 2 working days after the occurrence of the damaging event.
15. Delay of acceptance
The customer shall be liable to AT Clean Team GmbH for the damage he causes AT Clean Team GmbH by not providing contractually agreed services of his own on time as a prerequisite for a service of AT Clean Team GmbH or if he does not grant AT Clean Team GmbH the access necessary for the provision of a service.
16. Taking over the property
AT Clean Team GmbH is granted a period of 1 month after taking over the property to check the property for any defects already existing at the time of taking over. Such shortcomings will be notified in writing by AT Clean Team GmbH.
17. Force majeure
Cases of force majeure entitle AT Clean Team GmbH to postpone its services for as long as the event is ongoing. Such delays do not entitle the Customer to revoke or terminate the contract and do not justify a claim for damages. The term “force majeure” includes all circumstances for which neither AT Clean Team GmbH nor the customer are responsible and by which AT Clean Team GmbH’s performance of the delivery or service is made impossible or unreasonable, such as strikes, pandemics, legal lock-outs, civil war, acts of terrorism, civil unrest, natural disasters, import and export bans, energy and raw material shortages, etc.
18. Applicable law/place of jurisdiction
Only Swiss law is applicable.
Zürich, August 2021