General conditions of sale (GCS)
These General Terms and Conditions of Sale and Services (“GTCS”) of MT-Solutions SA, registered in the Commercial Register under number CHE-359.420.530, with registered office at Lebernstrasse 55, 2540 Grenchen, Switzerland (hereinafter “MT-Solutions” or “we”), apply to all services provided by MT-Solutions. These GTC are governed by Swiss law and take precedence over all other conditions, unless otherwise agreed in writing.
1. Scope of application
1.1. These GTC apply to all contracts concluded between MT-Solutions and its customers (“Customers”), unless otherwise agreed in writing.
1.2 Any general or special terms and conditions of the Customer shall be binding on MT-Solutions only if expressly accepted in writing.
2. Offers and Contract Conclusion
2.1. MT-Solutions offers are non-binding and valid for 30 days, unless otherwise stated. MT-Solutions reserves the right to modify or withdraw an offer prior to the conclusion of a contract.
2.2. A contract is validly concluded when MT-Solutions confirms a Customer's order in writing, or upon commencement of performance of the agreed services.
2.3. Changes or additions to the agreed services must be accepted in writing by both parties. They may entail adjustments to deadlines and prices.
3. Provision of Services
3.1 MT-Solutions provides services in the following areas: information technology (IT), marketing, management, human resources and finance. Details of services are specified in individual contracts or offers.
3.2 MT-Solutions undertakes to perform the agreed services diligently and in accordance with current professional standards. An obligation of result is only accepted if expressly stipulated in writing.
4. Customer's obligations
4.1. The Customer undertakes to provide MT-Solutions with all information, documents and access necessary for the performance of the services.
4.2. The Customer shall designate a competent contact person to ensure effective communication and facilitate collaboration.
4.3. The information provided by the Customer must be complete and accurate. MT-Solutions cannot be held responsible for delays or additional costs caused by inaccurate or incomplete information.
5. Prices and Terms of Payment
5.1. Prices are quoted in Swiss francs (CHF), exclusive of VAT and other applicable taxes, unless otherwise stated.
5.2. Invoices are payable within 30 days net from the date of issue. In the event of late payment, MT-Solutions reserves the right to charge interest on arrears at a rate of 5% per annum, plus a flat-rate penalty of CHF 20 per reminder.
5.3. MT-Solutions may demand a deposit or advance payment, in particular in the event of doubt as to the Customer's solvency.
6. Turnaround times
6.1. Agreed lead times are indicative unless otherwise agreed in writing.
6.2. MT-Solutions endeavors to meet agreed deadlines, but cannot be held responsible for delays due to unforeseeable events or force majeure.
7. Warranty
7.1. MT-Solutions guarantees the proper performance of the agreed services. In the event of a proven defect, MT-Solutions undertakes to repair or correct the services within a reasonable period of time.
7.2. Any complaint of non-conformity must be made in writing within 10 days of performance of the services. After this period, the services are deemed to have been accepted.
8. Liability
8.1. MT-Solutions' liability is limited to the total amount of the contract in question. Any liability for indirect, consequential or immaterial damages is excluded, except in cases of gross negligence or intent.
8.2. The Customer is responsible for the proper use of the advice or solutions provided by MT-Solutions.
9. Confidentiality and Data Protection
9.1. MT-Solutions and the Customer undertake to keep confidential all information exchanged under the contract.
9.2 MT-Solutions processes personal data in accordance with Swiss data protection legislation.
10. Force Majeure
10.1. MT-Solutions cannot be held responsible for delays or impossibility of performance due to events of force majeure, such as pandemics, natural disasters or armed conflicts.
10.2. In the event of force majeure, the obligations of the parties are suspended for the duration of the event. If the event lasts longer than 3 months, either party may terminate the contract in writing.
11. Applicable Law and Jurisdiction
11.1. These GTC are governed by Swiss law.
11.2. Any dispute arising out of or in connection with the performance or interpretation of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts having jurisdiction at the registered office of MT-Solutions in Grenchen.