General Terms and Conditions

Scope of validity

These General Terms and Conditions of Eawag for participation in events govern the legal relationship between the customer and the organiser (Eawag) and form a constituent part of the confirmation of booking. These General Terms and Conditions apply to every contract concluded for event participation.
Customers declare their agreement to the General Terms and Conditions by checking the box marked “I have read and accepted the general terms and conditions” on the registration form or when booking online.

Events

1. Conclusion of the contract, additional participants and payment

1.1 Registration in writing or online is binding upon customers. The contract between customer and organiser is concluded when registration is accepted unconditionally. If customers make a reservation for additional participants, they assume both their own contractual obligations and those of the additional participants (particularly in respect of payment of the participation fee).
1.2 Receipt of registration will be confirmed by the organiser in writing. Registration becomes legally binding on participants upon confirmation by the organiser.
1.3 Where participant numbers are limited, registrations will be dealt with in the order in which they are received.
1.4 The services to be provided are defined in the service description 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.
1.5 The total amount is payable by credit card at the time of booking online; for all other forms of booking it is payable within 30 days of receipt of the invoice.

2. Cancellation by participants

2.1 Cancellation by participants shall be made in writing (or electronically by e-mail). The following conditions apply:

• Notice of cancellation will be deemed to be issued on the date of receipt by the organiser. Receipt of written notification by the organiser determines the calculation of the deadlines, starting from the next working day if notification is received on a weekend or a public holiday. In case of doubt, participants will be required to provide proof that notice of cancellation was given.
• The organiser will be happy to accept a replacement participant who satisfies the conditions for event participation. However, the original participant remains liable to the organiser until the replacement participant has fulfilled the obligations arising from the contractual relationship in their entirety.

The following conditions apply:

*In the case of reduced fees (e.g. for students), free cancellation is only possible before the registration deadline, after which the full amount must be paid.

Event fees will also not be refunded in the following situations:

• Non-attendance (“no show”)
• Partial use of the services offered at the event
• Event cancellation by participants
• Failure to attend due to accident/illness without presenting a doctor’s certificate

If a doctor’s certificate is submitted, the price paid will be refunded in full. The price paid will be refunded in full on the death of a close relative provided an official certificate is presented.

3. Prices

All prices include VAT at the statutory rate.

4. Holding and cancellation of the event

4.1 The organiser reserves the right to make changes to the event programme.
4.2 The organiser reserves the right to move the event to a different location, to postpone it to a later time/date or to cancel it altogether if the minimum participant number is not reached in good time. Notice of the cancellation or postponement of an event will be given in writing, no later than three days prior to the event date.
Participants have no right of recourse. Any payments made in advance will be refunded. Participants have no right to interest on the refunded amount.
4.3 If an event has to be cancelled at the last minute because the lecturer/speaker, through no fault of their own, is unable to attend, the organiser’s representative present at the event will announce that the event cannot take place.
4.4 If compelling reasons, such as force majeure, natural disasters, civil unrest, strikes, governmental measures, epidemics, etc. make it difficult or impossible to safely hold the event, the organiser will inform participants of its cancellation as quickly as possible.
4.5 Substitute event:
In both cases (4.3 & 4.4), the organiser will endeavour to offer participants an equivalent substitute event. If participants are unable to attend the substitute event, amounts already paid will be refunded. Further claims are excluded.

5. Liability and insurance

Eawag will not assume any liability for any property damage or personal injury whatsoever, either before, during or after the event. Customers themselves are responsible for ensuring they have sufficient property, health and accident insurance cover. Eawag cannot be held liable for the theft or loss of any property.

6. Intellectual property rights

The event materials are protected by copyright. Documents may not be reproduced, distributed or otherwise used without Eawag’s express written consent.

7. Data protection

7.1 Eawag protects personal data. It treats the data provided by participants as confidential and uses it in compliance with data protection legislation.
7.2 The personal data provided by participants (all information relating to an identified or identifiable natural person) is saved by Eawag in its course management system and processed in order to provide the agreed service and for billing, and is disclosed, to the extent necessary, to third parties engaged for this purpose.
7.3 Participants accept that the contact data provided on registration will appear on a list that is accessible to all participants.
7.4 Unless participants specify otherwise, Eawag will send participants information about future events and/or contact them by e-mail, letter or phone.
7.5 Participants may revoke their consent to the processing of their personal data or ask for changes or deletions to be made at any time.

8. Photographs and video recordings; publication

8.1 Eawag reserves the right to take photographs and make video recordings before and during the event and to use these free-of-charge in Eawag brochures, publications and other media (e.g. website).
8.2 Publications of any kind by participants in which reference is made to the event must be submitted to Eawag for prior information and approval.

9. Severability clause

Should any provision of these General Terms and Conditions be held invalid, illegal or unenforceable, this shall not in any way affect the validity, legality and enforceability of the remaining provisions. If any provision is invalid, illegal or unenforceable, it shall be replaced by a new valid, legal and enforceable provision, which comes as close as possible in its economic effect to that of the invalid, illegal or unenforceable provision.

10. Applicable law and place of jurisdiction

These terms and conditions are subject exclusively to Swiss law. The place of jurisdiction is the headquarters of Eawag.

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@cluttereawag.ch

As at: Dübendorf, March 2018

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 six 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 on them the obligations set out in sections 4 (workplace health and safety provisions, employment conditions, equal pay for men and women, and environmental law), 13 (confidentiality) and 14 (data protection and data security). The seller shall remain liable for service provision in accordance with the contract by the third parties called upon.

4. Workplace health and safety provisions, employment conditions, equal pay for men and women, and environmental law

4.1 For goods and services provided in Switzerland within the framework of contract performance, the seller shall comply with the workplace health and safety provisions and employment conditions applicable at the place of performance, the notification and authorisation duties in accordance with the Federal Act of 17 June 2005 on Measures to Combat Illegal Employment (IEA)1, the provisions on the equal treatment of men and women in terms of equal pay and the environmental law. The employment conditions shall be deemed to encompass collective and standard employment contracts or, where no such contracts exist, the actual employment conditions customary for the location and occupation.
4.2 For goods and services provided abroad within the framework of contract performance, the seller shall comply with the provisions applicable at the place of performance, but as a minimum with the Core Conventions of the International Labour Organization (ILO)2.
4.3 If the seller seconds workers from a foreign country to Switzerland to provide the goods and services, compliance with the provisions of the Posted Workers Act of 8 October 19993 must be ensured.
4.4 For goods and services provided in Switzerland within the framework of contract performance, the seller shall comply with the provisions of Swiss environmental law applicable at the place of performance, namely the Environmental Protection Act (EPA)4, the Waters Protection Act (WPA)5, the Nature and Cultural Heritage Act (NCHA)6, the Forest Act (ForA)7 and the Chemicals Act (ChemA)8, as well as the ordinances based thereon.
4.5 For goods and services provided abroad within the framework of contract performance, the seller shall comply with the environmental protection provisions applicable at the place of performance, but at least with the agreements on the environment in accordance with Annex 2 of the PPO9 that are relevant for the seller's performance.
4.6 The seller is obliged to contractually impose the requirements according to sections 4.1 to 4.5 above on its subcontractors.
4.7 If the seller or one of its subcontractors violates obligations arising from section 4, the seller 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 total remuneration per 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 goods and 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 goods and 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.
9.4 For central Federal Administration10 procurements, the seller is obliged to submit an electronic invoice11 to the buyer if the contract value exceeds CHF 5,000 (excl. VAT). The buyer determines the delivery options.

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.
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 total 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 shall be 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 warranty 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 warranty period, for the components concerned, the warranty will start to run 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, by their nature, there is an interest in maintaining confidentiality in good faith. 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 address of the seller, object of the procurement and value of the contract, tender procedure carried out, date of contract conclusion and commencement, 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 Act12, the Public Procurement Act13 and the Public Procurement Ordinance14).
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 total remuneration per 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. In such cases, the provision in question shall be replaced by an effective provision that is as equivalent as possible in economic terms. The same shall apply in the event of a gap in the contract.

17. Applicable law and place of jurisdiction

17.1 Swiss law alone shall apply to the contractual relationship, with the exclusion of conflict of law provisions.
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)15 is expressly excluded.
17.3 If the buyer is a unit of the central Federal Administration or a unit of the decentralised Federal Administration without legal personality, the exclusive place of jurisdiction shall be Bern; in all other cases, it shall be at the buyer's registered office.

Federal Procurement Conference (FPC)
Edition: September 2016
Status as at January 2021

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 (not construction services).
1.2 Anyone (service provider) who submits an offer to the procuring entity is thus deemed to have accepted these 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 six months after receipt of the offer shall apply.

3. Performance

3.1 As a specialist, the service provider undertakes to perform the contract diligently, faithfully and competently, and guarantees that all services rendered are in compliance with the contractual conditions and specifications, as well as 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 its right to 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 consent of the procuring entity.

5. Involvement of third parties

5.1 The service provider may call upon third parties (e.g. sub-suppliers, subcontractors, substitutes) 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 (workplace health and safety provisions, employment conditions, equal pay for men and women, and environmental law), 12 (confidentiality) and 13 (data protection and data security) on the third parties called upon.

6. Workplace health and safety provisions, employment conditions, equal pay for men and women, and environmental law

6.1 For services provided in Switzerland within the framework of contract performance, the service provider shall comply with the workplace health and safety provisions and employment conditions applicable at the place of performance, the notification and authorisation duties in accordance with the Federal Act of 17 June 2005 on Measures to Combat Illegal Employment (IEA)1, the provisions on the equal treatment of men and women in terms of equal pay and the environmental law. The employment conditions shall be deemed to encompass collective and standard employment contracts or, where no such contracts exist, the actual employment conditions customary for the location and occupation.
6.2 For services provided abroad within the framework of contract performance, the service provider shall comply with the provisions applicable at the place of performance, but as a minimum with the Core Conventions of the International Labour Organization (ILO)2.
6.3 If the service provider seconds workers from a foreign country to Switzerland to provide the services, compliance with the provisions of the Posted Workers Act3 of 8 October 1999 must be ensured.
6.4 For services provided in Switzerland within the framework of contract performance, the service provider shall comply with the provisions of Swiss environmental law applicable at the place of performance, namely the Environmental Protection Act (EPA)4, the Waters Protection Act (WPA)5, the Nature and Cultural Heritage Act (NCHA)6, the Forest Act (ForA)7 and the Chemicals Act (ChemA)8, as well as the ordinances based thereon.
6.5 For services provided abroad within the framework of contract performance, the service provider shall comply with the environmental protection provisions applicable at the place of performance, but at least with the agreements on the environment in accordance with Annex 2 of the PPO9 that are relevant for the service provider's performance.
6.6 The service provider is obliged to contractually impose the requirements according to sections 6.1 to 6.5 above on its subcontractors.
6.7 If the service provider or one of its subcontractors violates obligations arising from section 6, the service provider 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 total remuneration per 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 performance 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.
7.4 For central Federal Administration10 procurements, the service provider is obliged to submit an electronic invoice 11 to the procuring entity if the contract value exceeds CHF 5,000 (excl. VAT). The procuring entity determines the delivery options.

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.
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 total 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 shall be 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 sub-licence 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, by their nature, there is an interest in maintaining confidentiality in good faith. 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.
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 address of the service provider, object of the procurement and value of the contract, tender procedure carried out, date of contract conclusion and commencement, 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 Act12, the Public Procurement Act13 and the Public Procurement Ordinance14).
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 total remuneration per 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. In such cases, the provision in question shall be replaced by an effective provision that is as equivalent as possible in economic terms. The same shall apply in the event of a gap in the contract.

17. Applicable law and place of jurisdiction

17.1 Swiss law alone shall apply to the contractual relationship, with the exclusion of conflict of law provisions.
17.2 If the procuring entity is a unit of the central Federal Administration or a unit of the decentralised Federal Administration without legal personality, the exclusive place of jurisdiction shall be Bern; in all other cases, it shall be at the procuring entity's registered office.

Federal Procurement Conference (FPC)
Edition: September 2016
Status as at January 2021