1st general
These General Terms and Conditions (GTC) are the basis of all legal transactions between SMART PLACE AG and the contractual partner/customer and apply to the delivery, installation, configuration and commissioning of systems of all kinds, as well as other services of SMART PLACE AG. Any other terms and conditions of the customer are only valid if they have been accepted in writing by smart PLACE AG. Changes or additions to an agreement concluded in any other form must be made in writing. By placing an order, the customer declares that he is aware of the terms and conditions and that he agrees with them.
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2. Services/Validity Offers
SMART PLACE AG provides a comprehensive range of services in the field of planning, design, development and implementation of IT systems and building automation systems. These offers and offers from third parties are valid for 90 days from the date of submission.

3. Contract conditions/order confirmation
A contract is deemed to have been concluded upon receipt by SMART PLACE AG of the order confirmation signed by both parties. If no contract is concluded, but various expenses have been incurred on our part, SMART PLACE AG reserves the right to invoice certain expenses, e.g. for topologies, etc.The contractually agreed prices for maintenance/support contracts remain binding for twelve months from the signing of the contract by SMART PLACE AG. After expiry of twelve months, the services will be charged by SMART PLACE AG at the current rates. All services or deliveries requested additionally or subsequently by the customer will be invoiced separately.Price and hardware changes, as well as any errors, are reserved in all offers prepared by SMART PLACE AG. Prices may also increase due to general inflation. All price changes will be passed on to the customer. Due to the fast-moving nature of technology and exchange rates, no guarantees can be given. If an offered product is no longer available, SMART PLACE will supply an equivalent device. SMART PLACE is a modular system. There are no claims to functions or options that are available on the website, flyers, presentations or sample apartments and are not explicitly offered. When the goods are made available, installation work or other agreed services begin, the right to withdraw from the contract lapses in full, even if the work cannot be completed on time.When using a smart metering system from smart PLACE, energy consumption is displayed transparently for each unit. Once the system has been commissioned, the recurring costs of the basic service are automatically billed. Further services are agreed in the respective service contracts and supplemented accordingly. The delivered system remains the property of SMART PLACE AG until full payment has been made by the customer.

4. Terms of payment
Unless otherwise agreed, the following payment terms shall apply: - 30% deposit when placing the order
- 50% at the time of provision of the goods
- 20% after commissioning
All hardware remains the property of SMART PLACE until all invoices have been paid in full.

5. Commissioning
Commissioning includes the functional check of the equipment supplied by SMART PLACE AG, switching on the system and instructing the users. If no protocol is recorded, the system is deemed to have been put into operation upon commissioning by the customer. If connections are to be made to a third-party system, SMART PLACE AG is not responsible for the configuration or installation of the third-party systems. The customer must inform the provider of the third-party system that it will carry out the corresponding configuration or installation.

6. Acceptance
A joint inspection is carried out before acceptance. A record of the inspection and its results is drawn up and signed by both parties. Partial acceptances are also possible by mutual agreement. These are subject to overall acceptance. If the inspection does not reveal any defects, the service shall be accepted with the same signature on the record. If the inspection reveals insignificant defects, the service is nevertheless accepted with the signing of the protocol. SMART PLACE AG shall rectify the defects identified as part of the warranty services. Defects are considered insignificant if the solution can be used in all essential functions or can be remedied by a restart/restart.If the customer does not carry out the acceptance test within a reasonable grace period despite a reminder or if he uses the equipment and systems productively without the consent of SMART PLACE AG, the equipment and systems shall be deemed to have been accepted.

7. Warranty conditions
SMART PLACE AG provides the following warranty periods for all installations and systems installed and supplied by it:
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- Device warranty according to manufacturer's specifications
- Service warranty: 12 months from acceptance protocol, commissioning
- For Haas/DL Contracts, the warranty refers to the definition of the respective contract.

8. Guarantee scope of services
SMART PLACE AG guarantees that its products and services have the agreed properties.If there is a defect, the customer can initially only demand a free rectification of the defect. SMART PLACE AG shall remedy the defect within a reasonable period of time. If the defect can only be remedied by new production, the right to rectification also includes the right to new production. The warranty does not cover any plastering, brick laying, cleaning work, etc., if a wall speaker (invisible speaker) or other flush-mounted devices are defective and need to be replaced. SMART PLACE does not assume any of the above-mentioned costs in the event of a replacement of the speakers or flush-mounted hardware. The warranty only applies to the SMART PLACE hardware itself.

9. Obligation to give notice of defects and deadlines
Defects must be reported in writing within one week of their discovery, otherwise the service is deemed to have been approved and the warranty claims are forfeited. smart PLACE AG accepts no liability for defects reported after the expiry of the warranty period. The warranty rights expire within one year of acceptance, commissioning.

10. Exclusion of warranty
The repair of damage caused by force majeure, exceptional stress or wear and tear, harmful environmental influences, incorrect handling of the system, failure to observe the operating and maintenance instructions or unauthorized tampering are not covered by this warranty. Accordingly, SMART PLACE AG cannot provide any guarantee or warranty for the third-party software and hardware used. Malfunctions, support or faults in SMART PLACE software and hardware from third parties over which SMART PLACE AG has no influence, for example Swisscom, UPC Cablecom, Apple, Samsung, etc., are not covered by this warranty. Any resulting software and hardware adaptation costs will be invoiced according to SMART PLACE AG's usual conditions. Work on the power supply that causes an interruption must be reported to SMART PLACE AG in advance in order to protect the data security of software and hardware, otherwise SMART PLACE AG cannot guarantee or warrant that the system will be put back into operation properly.

11. Programming and Software Development by SMART PLACE AG
SMART PLACE AG guarantees that it will carry out programming in accordance with the customer's requirements. SMART PLACE AG cannot guarantee that the software can be used without minor interruptions and errors and under any conditions of use.

12. Rights to software
The property rights to the software provided to the customer, including source code, program descriptions and documentation in written or machine-readable form, remain with SMART PLACE AG. The customer acquires the non-transferable and non-exclusive right to use or utilize the software.

13. liability
With the exception of liability for warranty services, any further liability of SMART PLACE AG for direct and indirect damages is expressly excluded. This also applies to security systems (weather alarms, etc.). Otherwise, any liability regarding noise pollution caused by the multimedia system or alarm system installed by SMART PLACE is rejected. Furthermore, SMART PLACE AG accepts no liability if the loudspeakers installed and selected by the customer are too powerful or weak. Accordingly, there is no entitlement to a free replacement for an alternative solution.SMART PLACE AG assumes no liability or guarantee in the event of hacker attacks, break-ins or similar on a SMART PLACE system or an object that is protected or monitored by a SMART PLACE system. SMART PLACE AG installs to the best of its knowledge and belief, including security circuits. However, there can be no guarantee of complete security. SMART PLACE AG also accepts no liability for false alarms and any resulential damage or costs.Any liability in connection with the connection of third-party systems is excluded. Liability for unlawful intent or gross negligence within the meaning of Art. 100 para. 1 OR is reserved

14. Liability for installation damage
If existing systems and equipment etc. are damaged during installation work, SMART PLACE AG shall only be liable for the costs of proper repair. Liability for further damage, in particular for resulential damage, is expressly excluded.
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15th Place of Jurisdiction
This contract is subject to Swiss law. The place of jurisdiction for both parties is the domicile of SMART PLACE AG.SMART PLACE AG 2025