General terms and conditions
1. Scope of application
These terms and conditions govern the conclusion, content and execution of service contracts between MessX AG and the Customer. Deviating and additional provisions shall only apply if they have been agreed in writing.2. Contract
A contract for an order is concluded when the order is placed verbally or in writing. Unless otherwise agreed, the dates and conditions according to the subsequent written order confirmation by MessX AG shall apply. Any conditions of the Customer are only valid if they have been confirmed in writing by MessX AG, and orders end with the completion of the work by MessX AG.3. Type and scope of services
The services to be provided by MessX AG are industrial measurement technology. The type and scope of the services to be provided by MessX AG are based on the offer or the order confirmation from MessX AG. If the customer extends the order after the order confirmation, the additional expenses will be invoiced according to the valid hourly rate.3.1 Retention period of measurement logs
The measurement logs are retained for a period of 10 years. If the customer wishes a longer retention period, he must expressly state this (in writing) when placing the order.3.2 Retention of computed tomography data
MessX AG reserves the right to delete the volume data of the computed tomography 30 days after completion of the order. If the customer wishes to retain the data, he must notify MessX AG in writing when placing the order.3.3 Awarding an order to a subcontractor
After consultation with the client, MessX AG reserves the right to award an order or parts thereof to subcontractors. MessX AG shall ensure that the order is carried out on time and that the measurements and test reports comply with the required standards and requirements.3.4 Data transmission
For data transmission, MessX AG uses services from carefully selected providers that are subject to Swiss law. However, MessX AG assumes no responsibility for the performance of these providers.4 Obligations of the Customer
The Customer shall provide MessX AG with all information, documentation and data required for the provision of the service when requesting a quotation, but at the latest when placing the order.The Customer is responsible for the correct packaging of the parts (test specimens) upon delivery or collection, so that the integrity of the test specimens is ensured during the defined mode of transportation.
5 Price rates and terms of payment
Unless otherwise agreed, services are charged on a time and material basis. The applicable hourly rates of MessX AG shall apply. Shipping or forwarding costs are not included in the hourly rates and will be invoiced separately.The remuneration agreed for the provision of the individual services as well as shipping or forwarding costs are exclusive of VAT.
MessX AG invoices are to be paid in accordance with the terms of payment agreed in the offer.
5.1 Services according to fixed price
If a fixed price is agreed, this is based on the principles known at the time the contract is concluded and on the condition that the requirements agreed at that time are met. If these bases and conditions change, MessX AG may demand an adjustment of the fixed price.5.2 Services based on cost estimate
If a rough cost estimate (target price) is made for the provision of a service, the client shall be informed if the target price is likely to be exceeded by 10%. If the parties are unable to agree on an adjustment to the contract within a maximum period of 5 working days, either party shall be entitled to terminate the contract.In the event of termination of the contract, the Customer is obliged to pay for the services already provided and, if MessX AG is not at fault for exceeding the target price, to indemnify MessX AG in full.
6. Deadlines
Any agreed deadlines or periods for the provision of services are subject to force majeure events. The deadlines shall commence as soon as MessX AG and the Customer have agreed on all details of the order and the Customer has provided MessX AG with all documents and test specimens required for the provision of the service (see also point 4).The agreed delivery date refers to the services to be provided. Unless otherwise specified by the Customer, the test specimens will be handed over or returned to the Customer after completion of the service in accordance with the Customer's instructions.
7. Terms of delivery
EXW MessX AG, Pestalozzistrasse 11, 9400 Rorschach, Switzerland in accordance with Incoterms 2020. Other terms, e.g. from the order text, are not accepted. Any packaging costs shall be borne by the buyer.8. Transfer of risk
Benefit and risk are transferred to the Customer upon dispatch of the test specimens ex works from MessX AG. In the case of collection or delivery by MessX AG, the risk - in each case ex works - lies with the Customer. In the event of collection or delivery by a forwarding agent, the General Terms and Conditions (2005) of SPEDLOGSWISS (Association of Swiss Forwarding and Logistics Companies) shall apply.If dispatch is delayed for reasons for which MessX AG is not responsible, the risk shall pass to the Customer at the time originally intended for dispatch ex works.
MessX AG shall in no case bear the risk of accidental damage or destruction or accidental loss of the test specimens on which MessX AG provides services.
9. Warranty
MessX AG warrants that the services provided will be carried out with due care and in accordance with the state of the art in science and technology. defects (including errors) in services provided must be reported to MessX AG immediately in writing, but no later than 30 days after the service has been provided. Thereafter the warranty of MessX AG expires.In the event of defects in the services provided, MessX AG has the right to rectify these - within a reasonable period - by rectification or by providing the corresponding services again.
10. Liability
MessX AG is only liable for damage to order-related objects or other items handed over to MessX AG if such damage was caused by MessX AG intentionally or through gross negligence.Any further liability, irrespective of the legal grounds, in particular for indirect damage and consequential damage, is expressly excluded to the extent permitted by law.