- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following definitions apply:
Customer: the person or entity described in the Service Agreement.
Contract: the Service Agreement together with any attachments, which may include the Quotation, Scope of Work and these Terms and Conditions.
Supplier: Alpine Elite di Rossella Gatti, a sole proprietorship registered in Ticino with registration number CHE432.575.258.
Services: the services provided by the Supplier to the Client as set out in the Service Agreement.
- BASIS OF THE CONTRACT
- 2.1 By signing the Service Agreement, the Customer makes an offer to purchase Services from the Supplier in accordance with the Agreement.
- 2.2 The Contract shall be deemed accepted only when the Supplier countersigns the Service Agreement, at which time the Contract shall come into force (Commencement Date).
- PROVISION OF SERVICES
- 3.1 The Supplier shall provide the Services to the Customer in accordance with the Service Agreement and any Scope of Work in all material respects.
- 3.2 The Supplier shall use all reasonable endeavours to meet the performance dates specified in the Service Agreement.
- OBLIGATIONS OF THE CUSTOMER
- 4.1 The Customer shall:
- (a) ensure that the details in the Service Agreement are complete and accurate;
- (b) cooperate with the Supplier in all matters relating to the Services;
- (c) provide the Supplier with such information and materials as the Supplier may reasonably require to provide the Services;
- (d) make all payments as specified in the Service Agreement and these Terms and Conditions.
- CHANGES TO THE SERVICES AND/OR THE QUOTATION
- 5.1 If the Customer wishes to change the scope or performance of the Services, it shall notify the Supplier in writing.
- 5.2 The Supplier shall provide the Client with a written estimate of the likely changes to the Quotation resulting from the requested change.
- FEES AND PAYMENT
- 6.1 The Customer shall pay the Total Estimate in accordance with the Service Agreement.
- 6.2 All amounts payable by the Client are exclusive of VAT, which the Client shall pay to the Supplier.
- 6.3 The Client shall pay each invoice submitted by the Supplier within the period specified in the relevant invoice.
- 6.4 The Supplier reserves the right to require a deposit or full payment in advance for certain Services, at its discretion.
- 6.5 In the event of late payment, the Supplier may charge interest on overdue amounts at a rate of 5% per annum above the base rate of the Swiss National Bank.
- CANCELLATION OR CHANGE OF EVENT
- 7.1 In the event of cancellation of a service by the Client, the Client shall be liable to pay to the Supplier all charges already incurred in connection with the performance of the Services in respect of that Event, as well as the following cancellation fees:
- (a) Cancellation more than 30 days before the Event: 25% of the Total Estimate
- (b) Cancellation 15-30 days before the Event: 50% of the Total Estimate
- (c) Cancellation less than 15 days before the Event: 100% of the Total Estimate
- INTELLECTUAL PROPERTY
- 8.1 The Supplier acknowledges and agrees that Intellectual Property Rights in and to any Products shall be owned by the Client.
- CONFIDENTIALITY
Each party shall keep confidential all confidential information received from the other party.
- LIMITATION OF LIABILITY
- 10.1 Nothing in these Terms and Conditions shall limit or exclude the Supplier's liability for fraud or fraudulent misrepresentation.
- 10.2 Subject to clause 10.1, the Supplier's total liability to the Client shall not exceed the amounts paid by the Client to the Supplier under the Contract.
- 10.3 The Supplier shall not be liable for any indirect or consequential losses, including but not limited to loss of profits, loss of business, or loss of opportunity.
- 10.4 The Customer agrees to indemnify and hold harmless the Supplier against any claims, damages, or losses arising from the Customer's breach of these Terms and Conditions or any third-party claims related to the Services provided.
- TERMINATION
- 11.1 Either party may terminate the Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of the Contract.
- 11.2 The Supplier may terminate the Contract with immediate effect if the Customer fails to make any payment when due.
- GENERAL PROVISIONS
- 12.1 Force Majeure: The Supplier shall not be liable to the Customer for any delay or failure to perform its obligations due to a Force Majeure Event.
- 12.2 Governing Law and Jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with Swiss law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Canton of Ticino.
- 12.3 Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 12.4 Entire Agreement: These Terms and Conditions, together with the Service Agreement and any attachments, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations, whether written or oral.
- 12.5 Assignment: The Customer may not assign, transfer, or subcontract any of its rights or obligations under this Contract without the prior written consent of the Supplier.
- 12.6 Notices: All notices must be in writing and sent to the address specified in the Service Agreement.
