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General installation and service conditions

 

1. general

These "General Terms and Conditions of Installation and Service" of NBS AG Nickel Betriebsanlagen + Systeme (hereinafter referred to as "Contractor") apply to contracts for installation, installation supervision, commissioning, trial operation and service (hereinafter referred to as "work") in Switzerland and abroad. Installation supervision is the provision of advice and technical instruction to the personnel of the customer or third parties commissioned by the customer and, as far as practically possible, the inspection of the work carried out by this personnel on the basis of the advice or instruction. The performance of other work requires our prior consent.

2. ancillary services of the client

Our fitters must be provided with the requested auxiliary staff. Earthworks, bricklaying, carpentry and plumbing work must be carried out on site. The auxiliary staff provided to our fitters must be insured by the client in accordance with the statutory provisions. In the case of assembly work, construction work and other preparations on the building site must be completed to such an extent that the fitters can immediately start setting up the system without having to stop. The fitters must be provided with the necessary construction timber, lifting gear and documents to the extent that these are deemed necessary for the rapid execution of the fitters' assembly work.

3. waste

Any waste (packaging, used oil, scrap, wood, etc.) arising during installation and service must be disposed of by the client; otherwise we will charge the transportation and disposal costs according to actual expenditure with a surcharge of 20%.

4th accommodation

The client must assist the fitters in finding suitable accommodation in order to avoid waiting times.

5. working time

The collectively agreed weekly working time is 42 hours and is to be worked from Monday to Friday for 8.4 hours per day (normal working time from 8.00 a.m. to 5.00 p.m.). All hours worked in excess of the weekly working time stipulated in the collective agreement are subject to overtime premiums:

  •  Saturdays 50 %
  •  Sundays 100 %
  •  Working on public holidays 100 %
  •  Night work 100 % (all working hours between 8 p.m. and 6 a.m.)

Approval for work on Sundays and public holidays must be obtained from the client.

6 . Assembly/service costs

The following standard hourly rates are charged for installation and service work:

  • Travel time NBS technician CHF 110.00
  • Travel time NBS service technician CHF 110.00
  • Travel time NBS briquetting press specialist CHF 148.00
  • Travel time NBS software technician CHF 148.00
  • Working time NBS technician CHF 126.00
  • Working time NBS service technician CHF 126.00
  • Working time NBS briquetting press specialist CHF 148.00
  • Working time NBS software technician CHF 148.00

Overnight accommodation allowance for remote assembly and service either at a flat rate of CHF 120.00 per overnight stay or, in the case of higher accommodation costs, invoiced at cost. If the Contractor uses its own vehicles to travel to and from the site and to transport assembly and service materials to and from the site, the following rates shall apply for each kilometer driven between the Contractor's registered office in Kriens and the site.

  • Service trolley CHF 1.20
  • Delivery van CHF 1.40
  • Air and rail travel will be charged at actual cost (2nd class/economy)

7. payment terms

Unless otherwise agreed in writing, all services are to be paid immediately upon receipt of invoice without deduction. All prices quoted are domestic prices plus VAT at the rate applicable at the time the service is rendered.

8. preparation times

Preparation times at the start and end of work - and possibly in between in the case of longer assembly and service work - are charged at the same hourly rates as incurred.

9. other provisions

  • The information on the planned duration of the work is approximate. The start and duration may be postponed due to unforeseen circumstances beyond our control.
  • If the work or commissioning is delayed through no fault of our own, the client shall bear all costs incurred as a result, in particular for waiting time and further necessary travel by the fitters.
  • Changes in the execution of the work compared to previously made agreements must be clarified with us in advance and ordered in writing by the client so that the assembly and service personnel can receive appropriate instructions from here.
  • The client shall certify the working time and performance of the fitters and service staff. Invoicing shall be based on the details provided by our installation and service personnel; they shall be binding for both parties.

10 Applicable law / place of jurisdiction / place of performance

The contractual relationship shall be governed exclusively by Swiss law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be Lucerne, whereby the Commercial Court of the Canton of Lucerne shall have subject-matter jurisdiction, provided that the relevant requirements are met. Kriens is agreed as the place of performance for all claims.

© NBS AG, April 2024