General Terms and Conditions for GLSASRESQ AG

1. Scope
These General Terms and Conditions apply to all business operations of GlassResQ AG (“The Company”). The Company offers professional repairs to glass surfaces, in particular, repairing damage such as scratches, limescale, corrosion, etc. The services are performed using products from the GlassResQ brand.

2. Conclusion of contract
The contract is concluded when the Company’s offer is accepted by signing the offer relating to the purchase of services by the customer. In general, the offer is provided at no cost. In some cases, the Company may require a contribution to the costs of compiling the offer – this may be for larger projects or offers for the purpose of expert inspections for courts, insurance companies or other third parties, or for offers rejected without giving a reason. The contract always comes into effect when the customer makes use of the services offered by the Company.

3. Prices
Unless otherwise specified, all prices are in Swiss Francs (CHF). All prices include any applicable value added tax (VAT). The prices exclude any other applicable tax, direct labour, travel costs, etc. not directly related to work on the pane. The Company reserves the right to change the prices at any time. The prices valid at the time the contract is concluded shall apply. All other costs such as direct labour or travel costs shall be invoiced separately. Climbing aids such as hoists, cranes or scaffolding will be quoted separately and are not covered by the costs included in the offer. If additional, unforeseeable costs arise during the repair, the customer shall undertake these additional costs. The Company shall inform the customer immediately the additional costs arise, stating the cause and extent of the additional work.

4. Payment
The Company shall invoice the customer after the order has been completed. The customer shall be given the relevant work report on request. Down payments may be required for orders over CHF 3,000.00. The remaining payments shall be made at regular intervals as the project progresses. The final invoice shall be issued immediately following completion of the work. The customer must pay the amount specified in the invoice within 20 (twenty) days of the invoice date. If the invoice is not paid within this deadline, the customer will be sent a warning notice. If the customer does not settle the invoice by the date specified in the warning notice, they shall be automatically considered to be in arrears. When the customer is in arrears, they are subject to fines of 5 % (five percent). The Company reserves the right to request advance payment at any time, without specifying a reason. The amount specified in the invoice may not be offset against any claims the customer has against the Company. The Company has the right to refuse delivery or services if payments are in arrears.

5. The Company’s obligations
5.1. Provision of services
Unless agreed otherwise, the Company shall fulfil its obligations by performing the agreed service. Unless agreed otherwise, the Company’s domicile is the place of fulfilment. The work is performed out-of-doors. In order to carry out the work properly, the Company needs a minimum temperature of 5° C for at least 5–8 hours and enough natural light to be able to carry out the work properly. For this reason, the Company is not able to specify a binding date for carrying out the work. Damage can only be repaired if the thickness of the remaining glass is sufficient that the required properties of the glass are not affected. If the thickness of the remaining glass is not sufficient to allow the damage to be repaired, the Company shall inform the customer immediately. Grinding work on panes can result in changes to the glass surface. However, these changes are not generally visible to a normal observer. Depending on the angle of vision and light incidence, the location may be identifiable as having been worked on. The Company reserves the right to refuse to accept or carry out work that is not professionally or technically feasible, is likely to result in breaking the glass, or if it would not be possible to achieve a satisfactory result. All work will be carried out by trained, certified employees of the Company.

5.2. Auxiliary workers
The parties have the express right to involve auxiliary workers in order to carry out their contractual duties. The parties must ensure that the involvement of such workers is in accordance with all mandatory legal provisions and collective labour agreements.

6. The customer’s obligations
The customer undertakes to make any arrangements necessary for the Company to carry out its services. The customer must make the arrangements at the agreed location by the agreed time and with the agreed scope. If applicable, this includes provision of relevant information and documentation to the Company. Damage to panes is removed by grinding, using mechanical and liquid resources. Only the technically necessary material thickness will be removed. The customer must inform the Company before work begins about any materials that are sensitive to damp or dirt, such as plasterwork or special floor coverings etc. These will be protected appropriately by the Company.

7. Non-solicitation and prohibition from employment
The customer may not solicit or employ employees of the Company or other auxiliary workers, either on its own account or on behalf of a third party, without the express written agreement of the Company. Even after the contractual relationship has ended, the customer may not employee employees or other auxiliary workers of the Company in any way, be it direct or indirect. This prohibition applies for one year after the end of the contractual relationship and is limited to the field of activity of the relevant employee or auxiliary worker.

8. Acceptance
If the services require acceptance, this shall be carried out in accordance with the applicable Swiss glass standard (Source: SIGAB).

9. Guarantee
The Company guarantees to carry out the agreed services to the quality customary for the industry. A glass pane that has not been repaired in accordance with the glass standard or not been accepted will not be included in the invoice, or the invoiced amount will be reimbursed.

10. Liability
Liability for any indirect damage or damage resulting from a defect is excluded in full. Liability for direct damage is limited to the contractual total. This limitation of liability does not apply to direct damage caused by gross negligence or wilful intent. The customer must notify the Company of any damage immediately. The Company may deliver replacement products or undertake repairs. If damage occurs due to a pre-existing defect that was not the fault of the Company, the customer shall bear the costs for repairing the pane. There is a fundamental risk of tension cracks when repairing glass and the Company cannot accept any liability for these. Liability for auxiliary workers is excluded in full.

11. Intellectual property rights
All rights to the products, services and any brands are either the property of the Company or the Company has been authorised by the owner to make use of them. Neither these Terms and Conditions nor associated individual agreements imply transmission of any intellectual property rights, unless this is explicitly mentioned. Furthermore, the customer may not reuse, disclose or publish any information, images, text, etc. received by the customer in relation to these provisions, unless this has been explicitly authorised by the Company. If, in the context of the Customer’s relationship with the Company, the customer makes use of content, text or images to which a third party has property rights, the customer must ensure that the property rights of any third parties are not violated.

12. Data protection
The Company may process and use the data recorded during conclusion of the contract, for the purpose of fulfilling contractual obligations. The Company shall take the necessary measures to ensure that the data is secured in accordance with legal stipulations. The customer gives full consent to the storage and contractually necessary processing of their data by the Company, and understands that the Company is obliged and authorised to pass on the customer’s information to courts of law, authorities or third parties if the courts of law or authorities so order. If the customer has not explicitly denied consent, the Company may use the data for marketing purposes. The data required to perform the services may also be passed on to contracted service partners or other third parties.

13. Revisions
These general Terms and Conditions may be revised by the Company at any time. The new version comes into effect 30 (thirty) days after it is issued by the Company. For the customer, the version of the Terms and Conditions in effect at the time the contract is concluded shall always apply, unless the customer has agreed to a newer version of the Terms and Conditions.

14. Priority
These Terms and Conditions take precedence over all older provisions and contracts. The only provisions that take precedence over these Terms and Conditions are provisions from individual contracts that also specify these Terms and Conditions.

15. Severability clause
If a provision in this contract or an appendix to this contract should be or become invalid, this shall not affect the validity of the contract as a whole. The contracting parties shall replace the invalid provision with a valid provision that comes closest to the invalid provision in economic terms. The same applies to any omissions in the contract.

16. Confidentiality
Both parties and their auxiliary workers undertake to treat all information submitted or obtained in relation to the services as confidential. This obligation shall persist after the contract is completed.

17. Force majeure
If the timely fulfilment by the Company, its suppliers or third parties should become impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, windstorms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, then the Company is released from the relevant obligations for the duration of the force majeure and a suitable initial period after its end. If the force majeure should continue for longer than 30 (thirty) days, the Company may withdraw from the contract. The Company must refund in full any fees already paid by the customer. Any further claims, in particular damage claims, due to the force majeure are excluded.

18. Agents and sales partners
The customer acknowledges that all sales partners or agents are selfemployed and therefore work independently of the Company, and that any claims must be made against these parties directly. The Company does not accept any liability for violations of the contract on the part of any agents or sales partners.

19. Applicable law/court of jurisdiction
These Terms and Conditions are subject to Swiss law. Unless any mandatory legal provisions take precedence, the court of the Company’s domicile is the court of jurisdiction. The Company has the right to take legal action at the domicile of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.