General Terms and Conditions
of Human at Work Cooperative, Farbhofstrasse 21, 8048 Zurich and its brands: Human at Work Agency, Gourmer Shop, Gourmer Event and Catering, Image Pro
GENERAL TERMS AND CONDITIONS
Contract Formation
A contract between the client and Human at Work
Cooperative and its brands: Human at
Work Agency, Gourmer Shop, Gourmer Event and Catering,
Image Pro, Schweizer Brett, etc......(hereinafter
"Supplier") is concluded as follows: An order to the
supplier may be placed verbally or in writing.
No later than upon receipt of written order confirmation
from the supplier, the order is confirmed.
Any services beyond the scope of the order confirmation
will be invoiced separately.
As a rule, an initial, general quotation is provided free of charge.
If the client requests a second, detailed quotation
and a contract is not subsequently concluded,
the supplier is entitled to charge for his efforts in connection
with the preparation of further quotations
as reimbursement of expenses according to time and costs
to be claimed. All price details in quotations and order confirmations
are always exclusive of VAT.
Additions, amendments, or side agreements are only
binding if confirmed in writing by the supplier.
Service
The supplier undertakes to carry out the execution of the
order with due care. The supplier undertakes
to organise an event in a timely manner and in impeccable
condition. When selecting dishes
and beverages, emphasis is placed on impeccable quality.
When organising events, the supplier handles
the necessary coordination between the involved parties
and directs the overall event, provided this has been
agreed with the client.
All rights to the presented ideas, proposals,
drafts, sketches, images, and texts remain
the intellectual property of the supplier. Their use
in any form whatsoever is only permitted with express
and written consent.
Working hours of all staff, regardless of the
department or service, and beverage calculations
in the field of catering are in all cases
approximate values which will be invoiced after the event based on actual
time and effort incurred.
The client acknowledges and agrees that the
supplier may provide services either directly or
through third parties appointed by them.
Only the supplier is authorised to instruct or direct these service providers,
unless client instructions become necessary to avert imminent
damage.
damage.
The client acknowledges that the supplier’s relationships
with any service providers are part of their business success.
The client is not entitled,
within the scope of the order (or subsequent orders), to
contact service providers engaged by the supplier without the supplier’s written
consent. New
orders to service providers independent from this order (or follow-up order)
may be issued to service providers by the
client, provided the service providers
were previously engaged by the client.
This protection granted by the supplier lapses 12 months after
the end of the customer relationship. Any breach of this rule by the client
will result in a contractual penalty
in the amount of CHF 25,000.00, whereby
the right to claim further damage remains reserved.
The supplier’s service is provided to the client as a
complete solution within the agreed scope. Parts thereof
may, however, be used further by the supplier without consulting
the client and without any claim from the client
being established.
A tasting requested by the client will be charged separately.
Cancellations of firmly reserved
dates will incur a fee equal to the costs incurred.
costs.
Changes
The supplier reserves the right, in the event of last-minute changes
in market availability, such as due to lack of
goods on the market or significantly increased prices,
to change their services regarding supply, after
consulting with the client. The supplier
undertakes to fulfil the contract to an equivalent standard.
All temporary event structures, of any type, represent
an increased risk for the contract and the client.
Weather conditions, delivery shortages, suppliers who deliver late,
customs and many other influencing factors
may cause delays and significant additional costs.
The supplier accepts no liability for any of these potential situations.
All additional costs arising from the contract
are to be borne by the client.
Any aides required to erect the temporary event structures,
such as cranes, forklifts, etc., are the responsibility
of the client. The client must inform the supplier of the
equipment provided.
Accommodation and meals for the supplier's personnel
are, unless otherwise stated in the proposal or contract,
always the responsibility of the client. The client will endeavour
to ensure a good three-star hotel standard.
The supplier has the right to, at their discretion,
reject the offer if the quality standard is not sufficient.
to reject the offer.
If the client provides employees or helpers,
they must meet the necessary requirements of the supplier.
The supplier has the right to reject persons without giving
a reason. In this case, the client is to
provide suitable replacement personnel. The costs and all
liability for this personnel is borne by the client.
Number of participants
Any change in the number of participants for the meal must
be communicated in writing at least 14 days before the event. In doing so,
the variation may not exceed
10% of the original order. If this number is subsequently
understated,
the originally notified number of persons and
place settings will be charged.
Human at Work, Farbhofstrasse 21, 8048 Zurich / Page 1 of 3 pages
If an event is cancelled after a verbal or written order has been placed,
the following costs will be invoiced:
costs will be charged as follows:
up to 50 days before the event: 50% of the agreed services
49-40 days before the event: 60% of the agreed services
39-22 days before the event: 80% of the agreed services
21-15 days before the event: 100% of the agreed services
Additional: Venue hire and artist fees are due at 100% from the moment of verbal
or written order confirmation
Sourcing • Organisation
The supplier offers the client, among other things, the
sourcing of artists, musicians,
marquees, technical equipment. For this, a
brokerage fee of 8% of their fee is charged.
However, the client enters into any contracts directly with the
artists or musicians.
For organising and supervising an event,
the supplier charges a fee of at least 15% of
the client’s total contract value.
Payments
The supplier requires an advance payment before the event takes place.
This advance payment is typically
50% of the total amount, payable upon order confirmation.
The second advance payment is 20%,
due 10 days before the event. The final balance, including any additional services,
is payable upon completion of the contract, based on
the detailed invoice, within 10 days
of issue. If the client does not submit a list of defects at the event or upon
completion, co-signed by the supplier,
then the contract shall be deemed fully fulfilled. If
payments are not received by the supplier at the agreed time,
the supplier is entitled to withhold services.
Any resulting damages will be borne
by the client. For example, if an event or catering
cannot be delivered by the supplier due to outstanding payments,
the client remains liable for the full contract amount
regardless.
Intellectual Property
The client expressly acknowledges that all intellectual
property relating to results produced by the supplier within the scope of the contract
remains with the supplier.
No changes to these project outcomes may be made without the express consent of the supplier.
No changes whatsoever may be made to the project outcomes by the client
under any circumstances. All
drafts, suggestions, sketches, and explicitly all variants not chosen by the
client, remain the property
of the supplier and may not be used by the client
without prior written consent from the supplier.
This also applies to
all design-relevant elements of non-selected
variants, in particular designs produced for the specific contract,
including forms, colours, fonts, and their combinations.
Upon full payment of the agreed price,
the client acquires an unrestricted, perpetual and worldwide
right of use for the deliverables created for them by the supplier
within the scope of the contract.
Any further use (e.g. adaptation
for other applications) not foreseen at the time of
ordering may only be undertaken
with prior written permission from the supplier
being obtained.
Confidentiality / Data Protection
The client undertakes to keep the agreed contract terms
(in particular pricing) strictly confidential
. The supplier undertakes, as do any
third parties commissioned, to maintain strict confidentiality regarding all information obtained
in connection with their services
from the client’s sphere of influence.
The strictest confidentiality is to be maintained. In this regard,
the client acknowledges and agrees
that for administrative purposes, information may be shared within
the supplier group. The
supplier may, for advertising purposes, reference work completed for a client
in its own publications (online, print) or in
third party publications.
Delivery Deadlines
Delivery deadlines are agreed individually between the supplier and the
client and are only binding
if expressly confirmed in writing by the supplier.
The supplier is entitled to fulfil partial services.
In case of delay, the client must allow the supplier a grace period.
If, after this period passes without use, the client intends to refuse acceptance of the services,
they must communicate this in advance
to the supplier in writing.
Partial services already rendered
shall be deemed fulfilled by the supplier.
Delivery deadlines will be appropriately extended if the
client subsequently expands or
changes the work scope, or fails to comply with their obligations to cooperate, or does so late
or inadequately. The same applies to delays
by third party suppliers or similar events,
which lead to a delay in order fulfilment
by the supplier.
Liability
For delayed or deficient services, the supplier is liable to the client
at most up to the amount of the remuneration paid for the order.
Damage resulting from gross negligence or intent is excepted from this limitation.
This limitation does not apply to losses
arising from gross negligence or wilful misconduct.
Any liability for indirect or consequential losses, including
third-party claims, is excluded.
The supplier also explicitly excludes any liability
for:
delays in fulfilment of the order caused by delays
by the client themselves or by additional requests
by the client. Compatibility
delivered to the client as part of the contract
products compared to those outside the scope of the contract.
Price increases that have occurred at suppliers since the order was placed
Price increases.
Internal costs as well as loss of profit for the client.
The supplier supports the client without financial
commitment and to the usual extent in asserting
legitimate claims against external service providers.
The supplier reserves the right to refuse support
in cases where there is no apparent
misconduct on the part of the service provider.
where enforcement appears futile. The
anticipated legal costs and (including time)
efforts do not appear proportionate to the expected outcome.
relative to the expected result. The supplier
may, instead of offering support, assign any
personal claims against the service provider, in whole or in part, to the client.
The client ensures
that they hold all necessary rights for the supplier to fulfil the order
and that no laws or third-party rights are infringed by the material or
information used. The supplier assumes no obligation
Human at Work, Farbhofstrasse 21, 8048 Zurich / Page 2 of 3 pages
to conduct any checks in this regard.
Third-party claims of any kind
and any resulting legal and consequential costs shall be borne entirely
by the client alone, who commits
to fully indemnify the supplier and any third parties engaged by the supplier
in all cases
against all such claims.
Prohibition of Assignment
Rights and obligations under this contract may not be transferred to
third parties without the prior consent of the other party.
An exception to this is the
authorisation of the supplier to involve third parties in fulfilling their
duties under this contract, provided that
the supplier remains liable to the client for the proper contractual
provision of services
at all times.
Validity of Contractual Provisions
Should individual provisions of these General
Terms and Conditions or further agreements
between the client and the supplier prove to be invalid
or unenforceable, this does not render the
entire contractual relationship invalid, but rather the relevant
provisions are to be appropriately replaced by legally valid
ones.
Jurisdiction
The place of jurisdiction for all disputes arising from
this contract shall be Bremgarten or another competent court
at the supplier's discretion. It
Swiss law shall apply.