These General Terms and Conditions (GTC) apply to all services provided by RD Solutions Sàrl (the “Contractor”), whether they involve electrical and building engineering projects, consulting and expert assessments, project management support (AMO), or assistance with public procurement procedures. They supplement the specific proposal or contract entered into with the Client, which shall prevail in the event of any conflict.
The services are governed by the rules governing agency agreements (Art. 394 et seq. CO). The Agent undertakes to perform its duties with due diligence and in accordance with best practices, but is bound only by an obligation of means, not of results.
For engineering services, the Agent applies SIA Regulation 108. For project management assistance (AMO) services, the Agent acts as a representative/assistant to the project owner within the meaning of SIA Regulation 101, whose principles of remuneration (Art. 5) apply by analogy. In the event of any conflict with these General Terms and Conditions, the specific proposal or contract shall prevail.
Fees are set forth in the proposal submitted for each engagement, according to one of the following terms: hourly rate, flat fee, or a percentage of the cost of the project or work—as specifically stated in each proposal. The Agent may request payment of installments during the term of the engagement. Unless otherwise specified, invoices are payable within 30 days of issuance; after this period, interest on late payments at the statutory rate (Art. 104 CO) is automatically due.
The Client shall provide, in a timely manner, the information, documents, and access necessary for the performance of the engagement. The Agent shall not be liable for the consequences of incomplete, inaccurate, or late information provided by the Client or by third parties authorized by the Client.
The Agent is liable for damages caused to the Client in accordance with the general rules of contractual liability (Art. 97 et seq. and 398 of the Swiss Code of Obligations). The Agent is liable only for its own services, excluding any joint and several liability for the acts of other project participants (architects, contractors, other engineers), unless otherwise required by mandatory law. Only direct damages are covered; any indirect damages (loss of earnings, loss of business, damage to reputation) are excluded to the extent permitted by law. The Agent is covered by professional liability insurance with a leading Swiss insurance company.
The Client’s claims relating to defects in a work are subject to a 5-year statute of limitations beginning on the date of acceptance of the work or the relevant part of the work, in accordance with standard practice under SIA regulations. For all other claims, the statutory limitation period (Art. 127 CO) applies unless otherwise specified in the offer.
The Agent retains ownership of the intellectual property rights in the studies, plans, reports, and documents it prepares, unless otherwise specified in the proposal. The Client is granted a right of use limited to the construction, operation, and maintenance of the relevant project.
The parties shall treat as confidential any non-public information that comes to their attention in connection with the engagement, subject to legal obligations regarding transparency (particularly in public procurement).
Either party may terminate the agreement at any time by giving written notice, subject to Article 404 of the Swiss Code of Obligations (termination at an inopportune time). Payment for services already rendered remains due.
The Agent shall not be liable for any delays or failures to perform resulting from a force majeure event beyond its reasonable control.
These Terms and Conditions are governed by Swiss law. Any dispute shall be subject to the jurisdiction of the courts of the Canton of Vaud, with Lausanne as the venue, unless otherwise required by mandatory legal provisions.