The following General Terms and Conditions of Business and Order apply to contracts between K. Hoch Consult and Invest (hereinafter referred to as the commissioned party) and its clients, unless otherwise expressly agreed in writing or mandatory by law.
I. Scope and execution of the order
The scope of the services to be rendered by the commissioned party shall be determined by the order placed.
The order shall be executed in accordance with the principles of proper professional practice.
The commissioned party shall take as a basis the facts stated by the client, in particular numerical data, as correct, insofar as it does not establish any obvious inaccuracies.
The verification of the correctness, completeness and regularity of the documents and figures provided, in particular the bookkeeping and balance sheet, shall only be part of the assignment if this has been agreed in writing.
II. Confidentiality
The agent is obliged to maintain secrecy about all facts which come to his knowledge in connection with the execution of the order, unless the client releases him from this obligation. The obligation to maintain secrecy shall continue to apply after termination of the contractual relationship.
III. Cooperation of Third Parties
For the execution of the order, the agent is entitled to involve employees, expert third parties, as well as companies (right of substitution).
Third parties are also subject to confidentiality.
IV. Elimination of defects
The Customer shall be entitled to have any defects remedied. The commissioned party shall be given the opportunity to remedy the defect.
V. Liability
The agent shall be liable for his own fault as well as for the fault of his vicarious agents.
The agent is generally liable for the same diligence as the employee in the employment relationship (Art. 398 para. 1 OR).
VI Duties of the Principal
The principal is obliged to cooperate to the extent necessary for the proper execution of the order. In particular, he shall hand over to the agent, without being requested to do so, all documents necessary for the execution of the order in full and in good time so that the agent has a reasonable processing time. The same shall apply to the provision of information on all processes and circumstances which may be of significance for the execution of the order.
The client shall refrain from anything that may impair the independence of the agent.
VII Assessment of the remuneration
The fee shall be agreed upon individually. All prices are exclusive of VAT.
Fee invoices and settlements of expenses are to be paid within 10 days to the account specified by the agent, unless otherwise agreed. In the event of objections, the client shall immediately contact the agent. In the event of silence within 10 days of the invoice date, the correctness of the information is acknowledged.
Cost estimates are based on estimations of the scope of the necessary activities and are prepared on the basis of the data provided by the Client. Therefore, they are not binding for the final calculation of the fee.
VIII. Termination of the contract
The contract ends by fulfillment of the agreed services, by expiration of the agreed term or by revocation.
A contract concluded for an indefinite period of time may be revoked at any time; the revocation must be made in writing. Revocation at an untimely date shall result in liability for damages.
In the event of revocation of the contract by the commissioned party, in order to avoid damage to the client, in any case those actions must still be carried out which are reasonable and do not tolerate any delay.
IX. Retention and surrender of work results and manual files
The commissioned party shall keep the reference files for a period of ten years after completion of the order. However, this obligation shall expire before the end of this period if the Agent has requested the Client in writing to take receipt of the reference files and the Client has not complied with this request within six months of receiving them.
All documents which the Agent has received from or on behalf of the Principal on the occasion of his professional activity shall be included in the reference files.
X. Applicable law
Swiss law shall apply to the assignment.
XI. Place of Jurisdiction
The place of jurisdiction shall be the location of the commissioned party.
Pfäffikon, April 11, 2018