General Terms and Conditions

General terms and conditions of use of the Swiss Federal Institute of Aquatic Science and Technology (Eawag) for events and goods

1. Scope

These general terms and conditions of use for taking part in events and ordering goods govern the legal relationship between the customer and the organiser/vendor (Eawag), and form a constituent part of Eawag’s confirmation of booking. These general terms and conditions apply to every contract concluded for events, ordering goods and at the on-line shop. At the Eawag on-line shop the customer declares his agreement to the general terms and conditions by checking the box marked “I have read and accepted the general terms and conditions”.

I. Events

I. 1. Conclusion of the contract, additional participants and payment

I. 1.1. Registration by telephone, in writing (also on line) or in person is binding upon the customer. The contract between the customer and the organiser is concluded when registration is accepted unconditionally. If the customer makes a reservation for additional participants, he assumes both his own and their contractual obligations (particularly in respect of payment of the purchase price).

I. 1.2. The services are defined in the specification in the leaflet or on the website. Special requests will only constitute part of the contract if they are confirmed unconditionally in writing by the booking agency.

I. 1.3. In the on-line-shop the total is payable by credit card on booking, for all other booking forms 30 days after receiving the invoice.

I. 2. Cancellation of bookings for events

The following refunds will be made on cancellation of attendance:

  • 4 - 7 days before the event: 100% of the price paid less CHF 20.00 handling fee per booking
  • Up to 3 days before the event: 50% of the price paid less CHF 20.00 handling fee per booking
  • Less than 3 days before the event: No refund
  • No show: No refund
  • Accident/illness: The full price paid will be refunded on production of a medical certificate, less CHF 20.00 handling fee.

The receipt of written notification by the organiser/vendor is crucial to calculation of the deadlines, counting from the next working day if notification is received at a weekend or on a public holiday.

I. 3. Prices

All prices include VAT at the statutory rate. The right to revise the quoted prices is reserved. The price in each individual case is binding.

I. 4. Changes to programmes and prices

I. 4.1 The organiser expressly reserves the right to revise details in leaflets, specifications and published prices before an event. Should this be the case, the customer will be informed of the changes before the contract is concluded.

I. 4.2 Programme changes after booking but prior to commencement of the event:

The organiser reserves the right to change the programme of the event or individual agreed services, also in the interests of the customer, if force majeure or an occurrence which could not be foreseen or avoided despite due care make this necessary. The organiser will endeavour to provide equivalent services. The customer will be informed of such changes as quickly as possible.

I. 4.3 Rights of the customer in the case of changes to the programme after conclusion of the contract:

If the amendment to the programme or individually-agreed services entails a major change, the customer will have the following rights: a) Acceptance of the change to the contract b) The customer may cancel the contract in writing within five days of receipt of notification and will receive an immediate refund of the price already paid.

I. 5. Cancellation of the event

I. 5.1 Number of participants:

A minimum number of participants is required for an event. The organiser reserves the right to cancel the event no later than three days in advance if the minimum number of participants is not reached.

I. 5.2 Compelling reasons:

If compelling reasons, such as force majeure, natural disasters, civil commotion, strikes, governmental measures, epidemics, etc. make the safe conduct of the event difficult or impossible, the organiser will inform the customer of its cancellation as quickly as possible.

I. 5.3 Alternative event

In both cases, the organiser will endeavour to offer the customer an equivalent alternative event. Should the customer not attend it, amounts already paid will be refunded immediately. Further claims are precluded.

I. 6. Liability and insurance

Eawag will not assume any liability for any material damage or bodily harm whatsoever, during or after the event. The customer bears personal responsibility for concluding sufficient property, health and accident insurance.

I. 7. Complaints

I. 7.1 Should the event not correspond to the contractual agreement or should the customer incur a loss, the latter will be obliged to notify the booking agency of such a shortcoming or loss in writing.

I. 7.2: Should the customer wish to assert claims against the organiser for shortcomings, refunds or compensation, he must do so in writing within thirty days of the actual end of the event. Any evidence must be enclosed with the complaint. Any claim will be time-barred once 30 days have elapsed since the actual end of the event.

I. 8. Data protection

Data disclosed by the customer will only be processed in connection with the conclusion and implementation of the contract. Data may be disclosed to service providers insofar as this may be necessary for the fulfilment of the contract. By registering for an event, the customer is declaring its consent to being informed about the organiser’s future events, until consent is withdrawn in writing.

II. Goods (books)

II. 1. Conclusion of the contract, payment

II. 1.1. A telephone, written (including on-line) or personal order is binding upon the customer.

II. 1.2. The entire amount is payable by credit card on purchase.

II. 2. Reservation of title/guarantee

The vendor retains title to the goods until full payment has been made.

II. 3. Exchange/guarantee

Exchange is generally only possible in the case of wrong deliveries or production errors. A copy of the consignment note or invoice must be enclosed with the delivery, otherwise handling will not be possible. Liability is restricted to replacement delivery.

II. 4. Refusal of acceptance

In a case of refusal of acceptance of the goods supplied by the vendor, the latter will be entitled to invoice the costs incurred. The right to fulfilment of the purchase agreement remains unaffected.

II. 5. Data protection

The vendor will only process data acquired from the customer in connection with the conclusion and implementation of the contract. The vendor may use this data for its own advertising and marketing purposes until consent is withdrawn in writing by the customer.

When an order is received, data, e.g. order or customer numbers, will be transferred to the vendor’s server. To prevent disclosure of the data to unauthorized parties, the vendor will encrypt it using the SSL (secure socket layers) security system. All conventional browsers support SSL.

III. 1. Applicable law and court of jurisdiction

Swiss law will apply exclusively to the legal relationships. The court of jurisdiction is Zürich. The organiser is entitled to instigate proceedings against the customer at the court with jurisdiction at the latter’s domicile.

III. 2. Impressum

The supplier of and contracting party for the goods and services offered on these web pages is:

Swiss Federal Institute of Aquatic Science and Technology (Eawag)
Überlandstrasse 133
CH-8600 Dübendorf / Switzerland
Tel +41 (0)58 765 55 11
Fax +41 (0)58 765 50 28
E-mail info@eawag.ch

General terms and conditions (GTC) Applicable to the Contracts for Procurement of Goods Awarded by the Domain of the Swiss Federal Institutes of Technology

1 Scope

1.1 These general terms and conditions (GTC) govern the conclusion, content and performance of contracts for the procurement of goods (including any assembly).
1.2 Anyone (seller) who submits an offer to the buyer is thus deemed to have accepted the present GTC. The parties may agree deviations in writing in the contract, provided they are objectively justified.

2 Offer

2.1 The offer is to be prepared on the basis of the buyer's quote request.
2.2 The seller shall indicate value added tax and transport costs separately in the offer.
2.3 The offer, including any demonstrations, is free of charge unless stated otherwise in the quote request.
2.4 The offer remains binding for the period indicated in the quote request. If there is no such indication, a period of three months after receipt of the offer shall apply.

3 Involvement of third parties

If the seller calls upon third parties (sub-suppliers, subcontractors) for contract performance, the seller shall impose the obligations set out in sections 4 (health and safety standards, conditions of employment and equal pay for men and women), 13 (confidentiality) and 14 (data protection and data security) on them. The seller shall remain liable for service provision in accordance with the contract by the third parties called upon.

4 Health and safety standards, conditions of employment and equal pay for men and women

4.1 Sellers with their headquarters or a branch in Switzerland shall comply with the health and safety standards and conditions of employment applicable in Switzerland, as well as with the principle of equal pay for men and women. The conditions of employment shall be deemed to encompass collective and standard employment contracts or, where no such contracts exist, the actual conditions of employment customary for the location and occupation. Sellers headquartered abroad shall comply with the corresponding conditions applicable where the service is rendered abroad, but at least with the Core Conventions of the International Labour Organization.1
4.2 If the seller seconds workers from a foreign country to Switzerland to render the service, compliance with the provisions of the Posted Workers Act2 of 8 October 1999 must be ensured.
4.3 If the seller violates obligations arising from section 4, it shall be liable to pay a contract penalty unless it proves that it is not at fault. The penalty shall amount to 10% of the entire remuneration per case of violation, but no more than CHF 100,000 in total. Payment of the contract penalty shall not release the seller from compliance with these obligations.

5 Place of performance and transfer of risk

5.1 The buyer determines the place of performance.
5.2 Title and risk are transferred to the buyer at the place of performance.

6 Materials supply, models and equipment

6.1 Materials supply: If the buyer supplies the seller with materials needed for contract performance, these shall remain the property of the buyer. They have to be designated as such and excluded. The seller shall check the materials upon receipt. Any damage detected is to be notified to the buyer immediately in writing.
6.2 Models and equipment: If the buyer provides the seller with models or equipment for offer preparation or contract performance, they may be used solely for that purpose. They shall remain the property of the buyer, have to be designated as such by the seller, have to be stored with care and have to be returned upon request.

7 Import regulations

The seller ensures compliance with any export restrictions and import regulations from the place of origin to the place of delivery in accordance with the contract. The seller informs the buyer in writing about any export restrictions in the country of origin.

8 Handover and assembly

8.1 The goods are handed over upon signature of the delivery note at the place of performance designated in accordance with section 5.
8.2 If the contract also covers assembly of the goods, the buyer shall give the seller the necessary access to its premises.
8.3 The seller shall comply with the internal regulations of the buyer, in particular the safety provisions and house rules.
8.4 The buyer shall inspect the goods without delay, but no later than 30 days after delivery.

9 Remuneration

9.1 The seller shall render the services at fixed prices.
9.2 The remuneration covers all work which is necessary for proper performance of the contract. In particular, the remuneration covers packaging, transport and insurance costs, expenses, royalties and all public levies (e.g. value added tax).
9.3 The seller will issue invoices in accordance with the payment plan. If no such plan was agreed, invoicing shall be after all services have been provided. Value added tax is to be indicated separately in the invoice. Unless otherwise agreed, payment will be within 30 days of receipt of the properly issued invoice.

10 Default

10.1 If the seller fails to meet firmly agreed deadlines (expiry date transactions), it shall immediately be deemed to be in default, and in all other cases upon receiving a reminder setting a reasonable grace period.
10.2 If the seller is in default, it shall be liable to pay a contract penalty amounting to 0.1% of the remuneration per day of delay, but no more than 10% of the entire remuneration, unless it proves that it is not at fault.
10.3 Payment of the contract penalty shall not release the seller from compliance with the contractual obligations. Contract penalties are offset against any compensation for damages.

11 Liability

11.1 The parties are liable for all damages they cause to the other party, unless they can prove that they are not at fault. Liability for loss of profits is excluded.
11.2 The parties shall be liable for the conduct of their auxiliaries and third parties called upon(e.g. sub-suppliers, subcontractors) in the same way as for their own conduct.

12 Warranty

12.1 As a specialist and being aware of the intended use of the goods to be supplied, the seller guarantees that the goods have the promised features, that they comply with the statutory regulations and that they are free of any material or legal defects which decrease their value or suitability for the intended use.
12.2 In the event of a defect, the buyer can choose between:

  • deducting the value reduction from the remuneration,
  • withdrawing from the contract,
  • requesting flawless goods or
  • requesting rectification.

12.3 The guarantee period expires 24 months after delivery and any assembly of the goods. The buyer shall immediately notify the seller in writing about defects.
12.4 If defects have to be remedied or parts replaced during the guarantee period, the guarantee will start to run for the components concerned from the time of remediation or replacement.

13 Confidentiality

13.1 The parties shall treat as confidential all facts and information that are neither obvious nor generally accessible and for which an interest in maintaining confidentiality exists in good faith because of their nature. In case of doubt, facts and information are to be treated confidentially. The confidentiality obligation shall exist before the contract is concluded and shall persist after termination of the contractual relationship.
13.2 The confidentiality obligation will not apply for the buyer if it is obliged to publish the following facts and information: name and location of the seller, object of the procurement and value of the contract, tender procedure carried out, date of contract conclusion and timeframe of contract execution. This shall be without prejudice to the mandatory duties of disclosure under Swiss law (e.g. as per the Freedom of Information Act3 and the Public Procurement Act4).
13.3 Without the written consent of the buyer, the seller may not advertise the fact that cooperation exists or existed with the buyer, and the seller may not list the buyer as a reference either.
13.4 If the parties violate obligations arising from section 13 above, they shall be liable to pay a contract penalty unless they prove that they are not at fault. The penalty shall amount to 10% of the entire remuneration per case of violation, but no more than CHF 100,000 in total. Payment of the contract penalty shall not release the parties from compliance with these obligations.

14 Data protection and data security

The parties undertake to comply with the provisions of Swiss data protection legislation and to effectively protect data arising in the framework of contract performance against unauthorised access by third parties.

15 Assignment and pledging

The seller may not assign or pledge claims vis-à-vis the buyer unless the buyer has consented in writing.

16 Contract amendments, inconsistencies and partial invalidity

16.1 Amendments and addenda to the contract as well as cancellation of the contract must be in writing.
16.2 In the event of inconsistencies between the provisions, the following order of precedence shall apply: contractual document, GTC, quote request, offer.
16.3 If individual provisions of the contract prove to be invalid or unlawful, this shall not affect the validity of the contract.

17 Applicable law and place of jurisdiction

17.1 Swiss law alone shall apply to the contractual relationship.
17.2 Application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention) is expressly excluded.
17.3 The exclusive place of jurisdiction for buyers of the central Federal Administration and the units of the decentralised Federal Administration without legal personality is Bern, and it shall be at the buyer's headquarters in all other cases.

Federal Procurement Conference (FPC) Edition: September 2016
Status as at: September 2016

General terms and conditions (GTC) Applicable to the Contracts for Procurement of Services Awarded by the Domain of the Swiss Federal Institutes of Technology

1 Scope

1.1 These general terms and conditions (GTC) govern the conclusion, content and performance of contracts concerning services, especially in the areas of consulting, planning, support and training.
1.2 Anyone (service provider) who submits an offer to the procuring entity is thus deemed to have accepted the present GTC. The parties may agree deviations in writing in the contract, provided they are objectively justified.

2 Offer

2.1 The offer is to be prepared on the basis of the procuring entity's quote request.
2.2 The service provider shall indicate value added tax separately in the offer.
2.3 The offer, including any presentations, is free of charge unless stated otherwise in the quote request.
2.4 The offer remains binding for the period indicated in the quote request. If there is no such indication, a period of three months after receipt of the offer shall apply.

3 Performance

3.1 As a specialist, the service provider undertakes to perform the contract diligently, faithful-ly and competently, and guarantees that all services rendered are in compliance with the contractual conditions and specifications and the statutory requirements.
3.2 The service provider shall provide the procuring entity with regular information on the progress of work and shall immediately inform it in writing of any circumstances that may
interfere with or jeopardise performance in accordance with the contract.
3.3 The procuring entity shall at all times be entitled to exercise its right of inspection and information concerning all parts of the contract.
3.4 The service provider shall not be empowered to represent the procuring entity in the absence of a written power of attorney; it may not commit the procuring entity vis-à-vis third parties.

4 Deployment of employees

4.1 The service provider shall deploy only carefully selected and well trained employees who have the required authorisations. At the procuring entity's request, the service provider shall, within a reasonable timeframe, replace employees who do not have the requisite expertise or who otherwise interfere with or jeopardise performance of the contract.
4.2 The service provider shall exchange the deployed employees only with the written con-sent of the procuring entity.

5 Involvement of third parties

5.1 The service provider may call upon third parties (e.g. sub-suppliers, subcontractors, sub-stitutes) for the rendering of its services only with the prior written consent of the procuring entity. The service provider shall remain liable for service provision in accordance with the contract by the third parties called upon.
5.2 The service provider shall impose the obligations set out in sections 4 (deployment of employees), 6 (health and safety standards, conditions of employment and equal pay for men and women), 12 (confidentiality) and 13 (data protection and data security) on the third parties called upon.

6 Health and safety standards, conditions of employment and equal pay for men and women

6.1 Service providers with their headquarters or a branch in Switzerland shall comply with the health and safety standards and conditions of employment applicable in Switzerland, as well as with the principle of equal pay for men and women. The conditions of employment shall be deemed to encompass collective and standard employment contracts or, where no such contracts exist, the actual conditions of employment customary for the location and occupation. Service providers headquartered abroad shall comply with the corresponding conditions applicable where the service is rendered abroad, but at least with the Core Conventions of the International Labour Organization.
6.2 If the service provider seconds workers from a foreign country to Switzerland to render the service, compliance with the provisions of the Posted Workers Act2 of 8 October 1999 must be ensured.
6.3 If the service provider violates obligations arising from section 6, it shall be liable to pay a contract penalty unless it proves that it is not at fault. The penalty shall amount to 10% of the entire remuneration per case of violation, but no more than CHF 100,000 in total. Payment of the contract penalty shall not release the service provider from compliance with these obligations.

7 Remuneration

7.1 The service provider will render the services:
a.on a time and material basis with an upper limit on remuneration (cost ceiling); or
b.at fixed prices.
7.2 The contractually agreed remuneration covers all work which is necessary for proper per-formance of the contract. In particular, the remuneration covers the costs for the transfer of rights, documentation and materials, as well as all expenses, secretarial services, all social benefits and other insurance benefits for accident, sickness, disability or death, and public levies (e.g. value added tax).
7.3 The service provider will issue invoices in accordance with the payment plan. If no such plan was agreed, invoicing shall be after all services have been provided. Value added tax is to be indicated separately in the invoice. Unless otherwise agreed, payment will be within 30 days of receipt of the properly issued invoice.

8 Default

8.1 If the service provider fails to meet firmly agreed deadlines (expiry date transactions), it shall immediately be deemed to be in default, and in all other cases upon receiving a reminder setting a reasonable grace period.
8.2 If the service provider is in default, it shall be liable to pay a contract penalty amounting to 0.1% of the remuneration per day of delay, but no more than 10% of the entire remuneration, unless it proves that it is not at fault.
8.3 Payment of the contract penalty shall not release the service provider from compliance with the contractual obligations. Contract penalties are offset against any compensation for damages.

9 Liability

9.1 The parties are liable for all damages they cause to the other party, unless they can prove that they are not at fault. Liability for loss of profits is excluded.
9.2 The parties shall be liable for the conduct of their auxiliaries and third parties called upon (e.g. sub-suppliers, subcontractors, substitutes) in the same way as for their own conduct.

10 Social security

If the service provider deploys employees, it shall take care of the necessary registrations for itself and its staff members with respect to social security. Self-employed persons must additionally prove when submitting their offer that they are members of a compensation fund.

11 Property rights

11.1 The service provider shall transfer to the procuring entity all property rights (intangible property rights and related rights and entitlements) pertaining to work results generated within the framework of contract performance. It shall refrain from exercising non-transferable personal rights.
11.2 All property rights to work results that form part of the contract and were not generated within the framework of contract performance (pre-existing work results) shall remain with the service provider. It shall grant the procuring entity a non-terminable usage right without any restrictions in terms of time, space or substance. This shall cover all current and future types of use possible, the right to sublicence and assign, as well as the right to process the work results.
11.3 The service provider guarantees that it and the third parties it calls upon are in possession of all the rights to render the services in accordance with the contract. It undertakes to defend against third-party claims concerning the breach of property rights without delay and to pay all costs (including compensation for damages) arising as a result for the procuring entity.

12 Confidentiality

12.1 The parties shall treat as confidential all facts and information that are neither obvious nor generally accessible and for which an interest in maintaining confidentiality exists in good faith because of their nature. In case of doubt, facts and information are to be treated confidentially. The confidentiality obligation shall exist before the contract is con-cluded and shall persist after termination of the contractual relationship.
12.2 The confidentiality obligation will not apply for the procuring entity if it is obliged to publish the following facts and information: name and location of the service provider, object of the procurement and value of the contract, tender procedure carried out, date of contract conclusion and timeframe of contract execution. This shall be without prejudice to the mandatory duties of disclosure under Swiss law (e.g. as per the Freedom of Information Act3 and the Public Procurement Act).
12.3 Without the written consent of the procuring entity, the service provider may not advertise the fact that cooperation exists or existed with the procuring entity, and the service provider may not list the procuring entity as a reference either.
12.4 If the parties violate obligations arising from section 12 above, they shall be liable to pay a contract penalty unless they prove that they are not at fault. The penalty shall amount to 10% of the entire remuneration per case of violation, but no more than CHF 100,000 in total. Payment of the contract penalty shall not release the parties from compliance with these obligations.

13 Data protection and data security

The parties undertake to comply with the provisions of Swiss data protection legislation and to effectively protect data arising in the framework of contract performance against unauthorised access by third parties.

14 Revocation and termination

The contract may be revoked or terminated in writing at any time by either party. Services provided up to the time of termination of the contract must be paid for. Claims for compensatory damages due to contract termination at an inopportune time remain reserved. Compensation for loss of profits is excluded.

15 Assignment and pledging

The service provider may not assign or pledge claims vis-à-vis the procuring entity unless the procuring entity has consented in writing.

16 Contract amendments, inconsistencies and partial invalidity

16.1 Amendments and addenda to the contract as well as cancellation of the contract must be in writing.
16.2 In the event of inconsistencies between the provisions, the following order of precedence shall apply: contractual document, GTC, quote request, offer.
16.3 If individual provisions of the contract prove to be invalid or unlawful, this shall not affect the validity of the contract.

17 Applicable law and place of jurisdiction

17.1 Swiss law alone shall apply to the contractual relationship.
17.2 The exclusive place of jurisdiction for procuring entities of the central Federal Administration and the units of the decentralised Federal Administration without legal personality is Bern, and it shall be at the procuring entity's headquarters in all other cases.


Federal Procurement Conference (FPC) Edition: September 2016
Status as at: September 2016