AGB - Sam Solutions – Real Estate Rentals, Facility Management & House Services

General Terms and Conditions (GTC) – SAM Solutions

1. Scope of Application and Contracting Parties

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services, orders, and contracts between SAM Solutions (a sole proprietorship based in the Canton of Aargau, hereinafter referred to as "SAM Solutions") and its customers (hereinafter referred to as the "Customer" or "Owner"). A Customer is defined as any natural or legal person who makes use of the services of SAM Solutions. Deviating conditions stipulated by the Customer shall not be recognized unless SAM Solutions has expressly agreed to them in writing.

2. Range of Services and Conclusion of Contract

SAM Solutions offers comprehensive services in the fields of property and facility management, caretaking/property maintenance, gardening work, minor repairs, as well as the sourcing and coordination of handymen and repair quotes. A contract is concluded when the Customer signs or expressly confirms a written quote, a service contract, or an order confirmation (including via email) provided by SAM Solutions.

3. Special Provisions for the Mediation of Third-Party Companies (Handymen/Repairs)

• Role of SAM Solutions: When organizing major repairs, renovations, or specialized trade work (e.g., electrical, plumbing, or roofing work), SAM Solutions acts exclusively as a mediator and representative of the Customer.
• Conclusion of Contract with Third Parties: SAM Solutions requests quotes on behalf of the Customer and presents them to the Customer. The final decision regarding the award of the contract rests solely with the Customer. The contract for work and services or the service contract is concluded directly and exclusively between the Customer (Owner) and the executing third-party company.
• Invoicing for Third-Party Services: Invoices from third-party companies must be paid directly by the Customer to the respective third-party company, unless it has been agreed in writing that SAM Solutions will handle the payment processing in the name and for the account of the Customer.

4. Obligations of the Customer

• Access to the Property: The Customer is obliged to grant SAM Solutions and the commissioned third-party companies free and safe access to the relevant properties, premises, or gardens.
• Duty to Cooperate: The Customer must provide all information, plans, and keys necessary for the execution of the order in a timely and complete manner.
• Duty to Notify: The Customer must proactively inform SAM Solutions of any known defects, damages, or specific characteristics of the property that could be relevant to the execution of the work.

5. Remuneration, Invoicing, and Payment Terms

• Prices: The remuneration for the services of SAM Solutions is determined by the individual service contract or the respective order confirmation (flat fee, hourly rate, or percentage mediation commission). Any material costs will be listed separately.
• Payment Deadline: Invoices from SAM Solutions are due for payment within 30 days of the invoice date without any deductions, unless a different deadline is specified on the invoice.
• Default in Payment: Upon expiry of the payment deadline, the Customer shall automatically be in default without receiving a formal reminder. SAM Solutions is entitled to charge default interest at a rate of 5% as well as reminder fees (CHF 20.– starting from the second reminder) and to suspend all work immediately.

6. Warranty and Disclaimer of Liability

• Liability for Own Services: SAM Solutions is liable for the diligent and professional execution of its own services agreed upon in the contract (duty of care pursuant to Art. 394 para. 1 of the Swiss Code of Obligations [CO]). Liability for slight negligence, indirect damages, loss of profit, or consequential damages is excluded to the extent permitted by law.
• Exclusion for Third-Party Companies: Since the contracts for repairs and trade services are concluded directly between the Customer and the third-party company, SAM Solutions assumes no liability or warranty for the quality, absence of defects, or punctuality of these third-party works. The Customer must assert any warranty claims (e.g., rectification, reduction, damages) directly against the executing third-party company.
• Selection and Instruction: SAM Solutions' liability during mediation is limited to exercising due care in the selection and instruction of the third-party company (Art. 399 para. 2 CO).

7. Contract Term and Termination

• One-Time Orders: Contracts for one-time services terminate automatically upon full performance of the service and complete payment.
• Long-Term Contracts (Subscriptions/Long-Term Mandates): Unless otherwise regulated in the service contract, contracts for regular caretaking or gardening work are concluded for an indefinite period. They may be terminated in writing by either party with a notice period of 3 months effective at the end of a calendar month.
• Termination at an Inopportune Time: Premature termination is governed by Art. 404 CO.

8. Data Protection

SAM Solutions undertakes to comply with the provisions of the Swiss Federal Act on Data Protection (FADP). Personal and property-related data of the Customer will be used exclusively for the processing of the contractual relationship and will only be passed on to third parties (e.g., handymen, authorities) if this is strictly necessary for the fulfillment of the order.

9. Final Provisions, Applicable Law, and Place of Jurisdiction

• Amendments to the GTC: SAM Solutions reserves the right to amend these GTC at any time. The amended GTC will be communicated to the Customer in writing or via email and shall be deemed approved if the Customer does not object in writing within 30 days.
• Applicable Law: The entire contractual relationship between the Customer and SAM Solutions is governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
• Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the registered seat of SAM Solutions in the Canton of Aargau.