Terms and Conditions
1. Scope
These Terms and Conditions apply to all business relationships between Management Consulting Mayr (hereinafter "we" or "us") and our customers. The Terms & Conditions apply in the version valid at the time the contract is concluded. Deviating or supplementary terms and conditions of the customer only become part of the contract if we expressly agree to their validity in writing.
2. Subject Matter of the Contract
The subject matter of the contract is the provision of consulting services, particularly in the areas of management, consulting, claims and enforcement management, IT, and online services. The exact scope of services is defined in the respective contracts or order confirmations.
3. Conclusion of Contract
A contract between the customer and Management Consulting Mayr is only concluded by the written confirmation of an order. The contract only becomes effective when it has been confirmed by both contracting parties with a signature and the respective company stamp.
4. Scope of Services and Performance
4.1. The scope of services is determined by the contractual agreement. Changes or extensions to the scope of services require a written agreement.
4.2. Management Consulting Mayr is entitled to engage third parties (subcontractors) to fulfill contractual obligations if this is necessary for the proper provision of services.
5. Compensation and Payment Terms
5.1. Compensation for our services is provided in Swiss francs (CHF) plus the applicable statutory value-added tax (VAT). At the customer's request and with a separate offer and order confirmation, billing can also be done in euros (EUR). The exchange rate is fixed on the day of order confirmation and explicitly stated in the contract.
5.2 Unless otherwise agreed in writing, our invoices are due immediately, but no later than within 10 working days from the invoice date without any deduction. After this period, the customer will be in default without further notice.
5.3. Payments must be made to a Swiss bank account. For payments from abroad made via SEPA transfer, no fees may be charged to Management Consulting Mayr. The customer is responsible for ensuring that all applicable fees are covered on their side.
5.4. In the event of default, we are entitled to charge default interest at a rate of 5% p.a. The right to claim further damages remains unaffected.
5.5. The customer is only entitled to offset with undisputed or legally established claims. The customer is only entitled to a right of retention if it is based on the same contractual relationship.
6. Liability and Warranty
6.1. Management Consulting Mayr is liable for intent and gross negligence. In the case of simple negligence, we are only liable for damages resulting from injury to life, body, or health, as well as for damages resulting from the violation of essential contractual obligations (cardinal obligations).
6.2. Liability for simple negligence is limited to the typical, foreseeable damage under the contract.
6.3. The warranty is provided in accordance with the statutory provisions. Complaints and notices of defects of any kind must be reported to us in writing without delay, but no later than 7 days after the service is rendered.
7. Confidentiality and Data Protection
7.1. Both parties undertake to keep all confidential information obtained within the scope of the business relationship secret and not to disclose it to third parties.
7.2. Management Consulting Mayr undertakes to process and use the customer's personal data only within the framework of legal regulations.
8. Term and Termination of Contract
8.1. The term of the contract is determined by the individual agreement between Management Consulting Mayr and the customer.
8.2. Both parties may terminate the contract for good cause without notice. Good cause exists in particular if the customer is in default of payment and a reasonable grace period has expired without success.
9. Applicable Law and Jurisdiction
9.1. Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. The place of jurisdiction for all disputes arising from or in connection with this contract is, as far as legally permissible, the seat of Management Consulting Mayr in Switzerland.
10. Final Provisions
10.1. Amendments and supplements to these Terms & Conditions must be made in writing. This also applies to changes to this written form clause.
10.2. Should individual provisions of these Terms & Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
Terms and Conditions created on August 07, 2024