1. scope
The following provisions, standards and guidelines apply to all horticultural project planning and consulting services in gardening and landscaping. However, in the event of contradictions between the individual contract components, the following order of precedence shall apply:
1. contract
2. general terms of contract (GTC) project planning and consulting services in horticulture and landscaping
3. JardinSuisse, Tariff for Horticultural Design and Consultancy Services
4. standards SIA 318, SIA 105 and other standards of other professional associations
5. Swiss Code of Obligations
2nd order
A contract (order) is concluded in writing, orally or agreed by appropriate action. The contract specifies the services and the tasks of the parties.
3. services and remuneration arrangements
3.1. services
The design phases and the associated services are regulated and specified in the contract (order). The contract regulates the relations between the client and the contractor. The following phases can be included in it:
- Project planning: preliminary project, construction project, approval procedure
- Tendering: invitation to tender, comparison of bids, application for award of contract
- Realization: Detailed design, execution, construction management, commissioning, completion Project planning tasks usually comprise the phases listed above. However, services in the strategic planning, preliminary studies or management phases can also be agreed. The services of the individual phases are based on the SIA 105 standard.
3.2 Remuneration arrangements
In principle, all horticultural project planning and consulting work is subject to compensation. The "Tariff for horticultural project planning and consulting services" of JardinSuisse or the Fee Regulations SIA 105 apply.
4. rights and duties
4.1 Copyright
The copyright of the work within the meaning of the URG (Copyright Act) shall remain with the commissioned party. He shall keep the essential documents in a suitable form for 10 years after completion of the order. He may publish his work, taking into account the interests of the client. The client has the right to copy the work results and to use them for the agreed purpose.
4.2 Involvement of third parties
The agent may engage third parties (e.g. freelancers, geologists) for the fulfillment of the contract at his own expense. The Client is not authorized to issue instructions to third parties.
4.3 Right of modification
The Client may request changes to services in consultation with the Contractor. The changes may require an adjustment of the remuneration, deadlines and all other relevant contractual points and shall be clarified in advance.
4.4 Duty of care and loyalty
The contractor undertakes to perform the contractually agreed services in accordance with the current rules of gardening and landscaping. The interests of the client will be safeguarded, collisions with own interests or those of third parties will be avoided.
4.5 Duty to inform and warn
Unless otherwise specified in the contract, the agent represents the client in a legally binding manner and regularly informs the client in writing about the current status of the work. Official orders as well as all warnings shall be forwarded to the Principal immediately. The commissioner shall inform the client of any possible consequences of the client's orders (regarding deadlines, quality, costs) and issue a warning. The Client shall be liable for any adverse consequences of inappropriate instructions that the Client insists on. If the client disregards the safety rules in spite of a warning, the commissioner can resign from his mandate. Both parties are obliged to take and order timely measures to protect against damage.
5. payment conditions
The commissioned party is entitled to installment payments of at least 90% of the work already performed. The remaining amount shall be due for payment with the final invoice. An appropriate advance payment or security for the fee may also be agreed. Invoices must be paid within 30 days of receipt.
6. liability and limitation
6.1 Liability
The agent shall be liable under the contractual relationship for any damage culpably caused by him or his auxiliary persons. He shall be liable without limitation for damage caused intentionally or by gross negligence. In the event of slight negligence, the agent shall be liable for personal injury without limitation, and for property damage up to a maximum of the order volume. Liability is excluded for all other damages.
6.2 Limitation
In general, claims arising from the contract shall become statute-barred within 10 years from the time of the damaging act. Claims based on a contract for work and services shall become statute-barred within 5 years from acceptance of the work or work part. During the first 2 years, the client can complain about defects at any time; thereafter, the client is obliged to complain about the defect in writing immediately after discovery. Damage events are to be reported immediately to the other contracting party for the purpose of minimizing damage. Any damages resulting from delayed notification shall be borne by the client.
7. premature termination of the contract
Both parties may revoke or terminate the contract at any time for important reasons. In case of untimely termination by the Client, the Contractor shall be entitled to claim, in addition to the remuneration for the work performed so far, a surcharge of 10% of the remuneration for the work performed so far or the actual proven damage. If the commissioned party terminates the contractual relationship untimely, the client shall be entitled to compensation for the damage actually proven. For services of a work-contract nature, the relevant provisions shall apply; in particular, as long as the work is unfinished, the Ordering Party may withdraw from the contract at any time against remuneration for the work already performed and against full indemnification of the Contractor.
8. final provisions
In the event of any disputes arising from the contract, mediation proceedings shall be sought. The place of jurisdiction is at the registered office of the agent.