General Terms and Conditions (GTC)
Offitec GmbH
(Status: November 2025)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between Offitec GmbH (hereinafter Offitec) and its customers concerning the manufacture, delivery, commissioning, warranty, and service of machines and systems in the field of cooling and heating.
Deviating or additional terms of the customer shall only apply if expressly acknowledged by Offitec in writing. By concluding the contract, the customer accepts these GTC and waives the assertion of its own terms and conditions.

2. Quotations / Documents / Ownership

Quotations issued by Offitec are non-binding unless expressly designated as binding in writing.
The validity of a binding quotation is limited to a maximum of 30 days unless otherwise agreed.
All technical documents, drawings, plans, software, training materials, and calculations remain the intellectual property of Offitec.
They may neither be copied nor reproduced nor made accessible to third parties without written consent and must be returned upon request.

3. Conclusion of Contract and Scope of Services

A contract is deemed concluded once:
• both parties have signed the contractual document, or
• Offitec has issued a written order confirmation, or
• delivery or performance has taken place.
The scope of services is determined exclusively by the order confirmation or quotation.
Deviations are only valid if confirmed in writing by Offitec.

4. Changes and Additions After Approval

After official approval of technical drawings, design, or machine parameters by the customer, changes, modifications, or additional services are generally not permitted unless Offitec agrees in writing.
Any subsequent change may result in price, schedule, or quality adjustments, which shall be borne entirely by the customer.
Without written consent, subsequent change requests shall be deemed not agreed.

5. Deadlines and Delays

Compliance with delivery and commissioning deadlines presupposes that the customer provides all necessary cooperation in due time, in particular technical data, drawing approvals, payments, and completion of on-site infrastructure.
Deadlines shall be reasonably extended in the event of obstacles that Offitec cannot prevent despite due care (e.g. force majeure, delivery delays, lack of readiness for connection, denial of access).
Delays caused by the customer’s failure to cooperate shall be borne entirely by the customer.

6. Duty to Cooperate and Site Access

The customer is obliged to grant Offitec and its personnel unrestricted access to the construction site or machine location at all times to enable proper delivery, commissioning, warranty, and service work.
If access is denied, hindered, or delayed, the duty to cooperate shall be deemed breached.
In this case, delay shall occur at the customer’s expense.
Offitec is entitled to:
• charge waiting times, travel, and personnel costs,
• reschedule appointments, and
• claim any consequential damages.
Commissioning may only take place once the on-site infrastructure (power, hydraulics, water, installation area, access) is fully prepared.
If this is not the case, the appointment shall be postponed at the customer’s expense.

7. Delivery and Transfer of Risk

Unless otherwise agreed, delivery is ex works (EXW, Incoterms 2020).
Risk shall pass to the customer upon handover to the carrier or the customer, even if installation or commissioning is carried out by Offitec.

8. Prices and Payment Terms

All prices are stated in Swiss Francs (CHF), net, excluding VAT.
Payments are due within 30 days net from the invoice date unless otherwise agreed.
Upon expiry of the payment period, the customer shall be in default automatically without reminder.
Default interest: 10% p.a.
In the event of default, Offitec is entitled to suspend ongoing work and retain already manufactured machines until full payment has been received.

9. Warranty

9.1 Duration

Unless otherwise agreed in writing, the warranty period is between 2 and 5 years from the commissioning date, depending on the device type and the respective quotation.

9.2 Scope

The warranty covers material and manufacturing defects demonstrably attributable to manufacturing faults.
Offitec decides whether rectification, replacement, or repair shall be carried out.

9.3 Exclusion

The warranty shall lapse immediately if:
• interventions or repairs are carried out by third parties without Offitec’s consent,
• the machine is not properly operated, maintained, or installed,
• maintenance work during the warranty period is not performed by Offitec or authorized partners,
• the on-site infrastructure is defective or safety regulations are not complied with,
• the customer modifies components or manipulates software parameters without consent.
Damage caused by improper use, lack of maintenance, electrical faults, frost, lime scale, corrosion, or chemical influences is also excluded.

9.4 Warranty Handling

Warranty work shall be carried out exclusively by Offitec or authorized service technicians.
Travel costs, waiting times, and ancillary costs arising from lack of accessibility or infrastructure shall be charged to the customer.

10. Service Outside the Warranty

Service and repair work outside the warranty period shall be charged according to effort at the applicable hourly rates.
Spare parts, travel, and material costs shall be charged additionally.

11. Liability

12. Retention of Title

Delivered machines and components remain the property of Offitec until full payment has been made.

13. Amendments to the GTC

Amendments or additions to these GTC require written form.
Oral ancillary agreements are invalid unless confirmed in writing.

14. Severability Clause

Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a regulation that most closely reflects the economic purpose.

15. Place of Performance, Law, and Jurisdiction

The place of performance is the registered office of Offitec GmbH.
Swiss law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Basel-Stadt (Switzerland).
Offitec reserves the right to sue the customer at its statutory place of jurisdiction.