concerning the provision of
MD SwissCycle Sàrl
Impasse de la Chaumière 1 - 1175 Lavigny
1.1 These conditions govern the relationship between our company and its professional customers in Switzerland. All other documents issued by our company, in particular catalogues, prospectuses and advertisements, are for information purposes only. These documents may be modified without our company being held responsible.
1.2 Acceptance by the customer of an offer or contract issued by our company implies unreserved acceptance of these conditions. This acceptance results from the signature of the offer or sales contract in accordance with article 2.1. Our offers are valid for three months.
2.1 All customer orders will be taken into account once our company has received the offer or contract, signed, dated and, if possible, accompanied by a unique order number. An order confirmation will be sent with an intervention schedule to be approved by both parties.
2.2 The contract may be cancelled by the customer without penalty in the event of force majeure.
2.3 In the event that the customer wishes to change the date of a service agreed between the parties, the customer must give written notice at least 48 hours before the service is due to be performed. Failure to comply with this clause will result in the customer being charged a penalty of CHF 350.
3.1 The time taken to complete the service depends in particular on the availability of goods, consumables or the correct functioning of the tools intended for the service ordered by the customer. MD SwissCycle undertakes to do its utmost to minimise the impact of these delays on the customer. If the delay or postponement has the effect of harming the customer's business and in particular forces it to postpone interventions, the customer may terminate the contract or the part of the contract concerned by the intervention with immediate effect without penalty, damages or compensation of any kind.
3.2 The transfer of risk to the customer for the service sold takes place when the agreed service is handed over and by the customer signing a work sheet at the end of the work carried out.
4.1 Services are provided at the price in force at the time the order is placed. VAT is calculated at the rate in force at the time the order is placed.
4.2 All services are invoiced on receipt of the worksheet signed by the customer after the work has been completed on site.
4.3 Invoices are payable net within 30 days of the invoice date.
4.4 In the event of late payment, our company may suspend all services in progress until the sum due has been paid in full. The company will be entitled to apply penalties only after sending a formal notice to the customer, which has remained without effect for 30 calendar days from the date of receipt of the said formal notice.
4.5 In the event of recovery of the debt by the legal department, the related costs will be charged to the customer. The customer may not offset any claims.
5.1 Our company undertakes to carry out the entire service in accordance with the order signed by the customer. In the event that it is impossible to carry out the entire service for reasons beyond our control, such as equipment breaking down during the service or a lack of material supplied by the customer necessary to carry out the work requested, the service may be postponed in whole or in part in agreement with the customer and an invoice will be issued in addition to the order signed by the customer. Any such additional costs must be duly justified in relation to this postponement only.
5.2 If our company is unable to complete the service within the time defined in the order due to its own fault, our company will pay for the completion of the service and will inform the customer in writing.
6.1 If any non-conformity is detected during the customer's equipment or appliance inspection procedures, an interim report will inform the customer of the deviations observed and proposals for bringing the equipment into conformity. Once the corrective measures have been agreed with the customer, our company will send a supplementary offer to finalise the work in progress. Once the offer has been signed by the customer, the procedure will be finalised.
7.1 The contractual relationships governed by these general terms and conditions are governed by Swiss law.
7.2 Our company reserves the right to amend or supplement these general terms and conditions at any time. In this case, our company will inform the customer in writing and send the new conditions for acceptance.
7.3 Any dispute arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Canton of Vaud.
