These terms and conditions of sale (hereinafter referred to as "Terms") apply to all companies in the Wider Group, namely Wider SA (Bussigny), Wider SA Montreux, Wider SA Région Genève, and Wider SA Succursale de Crans-Montana (hereinafter collectively referred to as "the Company").
They govern all contractual relationships between the Company and its clients, whether individuals or legal entities (hereinafter referred to as "the Client"), and are an integral part of any offer, order, or contract concluded with the Company.
Unless expressly agreed otherwise, in writing and signed by an authorized representative of the Company, these General Terms and Conditions shall prevail. In case of contradiction, the specific provisions of the contract shall prevail over the General Terms and Conditions.
These General Terms and Conditions are attached to the offers and available on the Company's website. They are deemed known and accepted without reservation by the Client upon conclusion of the contract or placing of the order.
The SIA 118 standard "General Conditions for the Execution of Construction Works" is also applicable, as are the specific standards SIA 118/257, SIA 118/265, SIA 118/331, and SIA 118/343. The SIA 414/10 standard on dimensional tolerances in buildings also applies. The directives and regulations concerning fire protection issued by the Association of Cantonal Fire Insurance Companies (ACFC) are also applicable. Finally, the technical standards, directives, and regulations of suppliers or manufacturers apply, where applicable, depending on the products and services concerned.
The Company reserves the right to modify these Terms and Conditions at any time. The applicable version is the one in effect on the date of contract conclusion, unless otherwise expressly agreed.
The Company remains bound by its offer for a period of 90 days from its date of issue, unless expressly stated otherwise.
As long as the order has not been formally accepted, the Company reserves the right to withdraw from negotiations at any time, without compensation. The documents attached to the offer, in particular plans, drawings, studies, variants, specifications, and technical descriptions, form an integral part thereof.
The studies, variations, and proposals developed by the Company remain its exclusive intellectual property. The Client undertakes not to misuse or misappropriate these elements, in particular by transmitting them to third parties or using them in competitive bidding.
All documents provided by the Company, regardless of the conclusion of a contract, remain its exclusive property. They may not be copied, reproduced, communicated, or exploited, in whole or in part, without the prior written consent of the Company, except within the strict scope of the offer evaluation.
In the event of a breach of these provisions, the Client shall be liable for a lump-sum indemnity of at least 50% of the offer amount, without prejudice to any additional damages or judicial action.
All studies prior to the establishment of an offer will be invoiced, based on a quote previously accepted by the Client, at an hourly rate of CHF 150 (excluding VAT), unless otherwise agreed.
The basic offer includes, unless otherwise specified, up to three variations and an equivalent number of samples.
Any additional requests, significant modifications, further development, or provision of additional samples will be billed at an hourly rate, based on current tariffs.
Prices are shown before value-added tax (VAT), which will be added at the time of invoicing.
Unless otherwise specified, the reference date for prices is the date of the offer issuance. Unit prices do not include, unless expressly stated, any pro rata account fees or site installation costs. Any subsequent participation imposed on the Company for this reason will be invoiced separately to the Client.
Prices are firm for labor and materials until the end of the calendar year from the reference date. Beyond that, or in the event of a significant change in economic conditions, the Company reserves the right to adjust its prices. Prices may be revised in particular in the event of variations in the costs of raw materials, energy, wages, logistical conditions, or regulatory charges.
Where applicable, price variations are calculated based on the evolution of the Swiss Construction Price Index (SCPI), Lake Geneva region, according to the table corresponding to the object and main group of the Construction Cost Code (CCC), between the reference date and the date of execution of the works.
A minimum down payment of 30% of the contract value is due upon order, unless otherwise agreed. During execution, the Company will invoice installments based on the progress of the work. A detailed final invoice will be issued upon completion of services, including all work ordered, as well as work performed on a cost-plus basis.
Unless otherwise agreed, payment terms are as follows: 10 net days for down payments upon order; 30 net days for interim and final invoices.
Order confirmations are sent to the Client as soon as possible. If no written objection is received within 14 days of their receipt, they are deemed to have been accepted without reservation.
In case of late payment, the Company charges default interest at a rate of 5% per annum from the due date, as well as a flat fee of CHF 50.00 per reminder. Furthermore, the Company reserves the right, without prior notice: to immediately suspend its services, postpone deliveries, and demand additional guarantees or advance payment.
Yes, if due to non-payment, the execution of the work becomes impossible or is permanently interrupted, the Client remains liable for the entirety of the services performed, as well as compensation covering incurred costs and loss of profit.
Before work
Unless otherwise agreed, the Company provides neither a performance guarantee nor a deposit refund guarantee. Any subsequent request from the Client in this regard will be subject to additional billing.
Under construction
When guarantees are agreed upon, advance payments are established on the basis of work performed, less a retention of 10% (5% for contracts exceeding CHF 200,000).
At the end of the work
No cash deposits will be accepted as security for defects. The Company may provide, in replacement, a bank or insurance guarantee corresponding to 10% of the amount excluding taxes of the works (5% for contracts exceeding CHF 200,000.-), valid for a period of two years, issued by a bank or an insurance company.
Any order modification must, in principle, be subject to prior written agreement. In case of an urgent request made orally, and in the absence of a supplementary offer, the corresponding conditions are deemed accepted if they are not contested in writing within 5 working days of their confirmation or invoicing.
In the absence of a prior agreement, additional services will be performed on a time and materials basis, at current rates. Materials will be billed with a markup of 25%.
Change requests will be considered whenever possible, depending on the project's progress and technical constraints. Any costs and impacts (deadlines, organization, logistics) associated with changes will be entirely borne by the Client. If a change cannot be made, the original order remains fully due.
In the event of a modification or partial termination attributable to the Client, the Client shall compensate the Company for all expenses incurred, as well as for loss of profit.
The work schedule communicated by the Client is indicative and must be validated by the Company.
Delivery times are given for information purposes only, unless otherwise agreed in writing. Variations in delivery times attributable to the Company of up to two weeks do not constitute a delay. Any delay resulting from circumstances beyond the Company's control, including adverse weather conditions, third-party delays, or site constraints, shall not engage its responsibility or give rise to penalties.
In the event of schedule modifications attributable to the Client or third parties, the Company reserves the right to redefine the execution schedule based on its planning and workload. The Company disclaims all liability for defects, delays, or non-conformities attributable to other trades, site management, or third parties. Any resulting additional costs will be invoiced to the Client.
Unless otherwise stated, delivery will be made to the address mentioned in the offer.
The Client shall make available free of charge suitable access for the Company's materials and personnel, as well as parking spaces and a secure, lockable space.
If necessary, the Client also provides, on-site, storage and work areas, lifting equipment (scaffolding, aerial platforms, cranes, etc.), as well as the infrastructure necessary for the proper execution of the work.
The fees related to the occupation of public property and administrative permits are the responsibility of the Client. Any unannounced access constraints, logistical difficulties, or need for additional resources not foreseen in the offer will be subject to additional billing.
Any intervention involving loads on load-bearing structures or their modification is the responsibility of the Client or their authorized representative (including civil engineers).
The Client is responsible for the compliance of the materials (dimensions, plumbness, squareness, quality of materials). Any defect found will result in an adaptation of the services and invoicing of additional costs.
Unless otherwise stated in the offer, the protection of adjacent structures is the responsibility of the Client. The Company declines all responsibility in case of damage or soiling.
Unless otherwise agreed, the Client shall provide a waste sorting and disposal system in compliance with current standards, without any financial contribution from the Company. Failing this, the Company reserves the right to charge all costs associated with waste management, sorting, and disposal.
The protection of structures against damage or soiling is not included in the Company's services, unless otherwise stated. Any protection service will be billed separately.
The Company shall not be held liable for non-performance or delay in performance of its obligations in the event of force majeure or unforeseeable circumstances beyond its control, including but not limited to natural disasters, extreme weather conditions, strikes, conflicts, acts of terrorism, fires, pandemics, supplier delays, or logistical disruptions.
A contribution towards the costs incurred may be requested from the Client. Once the impediment has ceased, a new work schedule must be established between the parties.
Le Client prend note que la Société, pour des raisons légales, est tenue d’interrompre immédiatement les travaux de construction si une substance particulièrement dangereuse, telle que l’amiante, est trouvée au cours des travaux. Dans ce cas, la Société s’engage à en informer sans délai le Client ou son représentant. Les délais et termes convenus sont reportés d’office jusqu’à l’achèvement de la planification des mesures éventuellement nécessaires ; s’il n’y a pas de mesures à prendre, est déterminant le moment où l’identification approfondie des dangers et l’évaluation des risques sont terminées.
En outre, le Client s’engage à indemniser la Société à hauteur des frais effectifs pour l’identification approfondie des dangers et l’évaluation des risques, ainsi que pour la planification éventuelle des mesures nécessaires et les annonces à la Caisse nationale suisse d’assurance en cas d’accidents (SUVA), dans la mesure où ces activités ne sont pas prises en charge par le Client. Si le Client accepte d’assumer ces activités, mais ne les exécute pas conformément aux prescriptions légales et/ou aux règles de l’art de la construction, il est tenu de réparer l’intégralité du dommage en résultant à l’égard de la Société.
Provisional acceptance
For carpentry and window work, a provisional acceptance is organized to identify any visible defects, particularly on glazing and sensitive elements. This acceptance allows for intervention as long as the necessary technical means are available. Any late notification may result in the charging of the means necessary for the intervention.
Final acceptance
The acceptance of the works shall be documented by a written report, in accordance with SIA standards. If acceptance is not requested within 30 days of the works' completion, the work shall be deemed accepted without reservation.
In the event of a defect found upon acceptance of the works, the Company shall rectify them within a reasonable timeframe. Apparent defects, including those related to transport organized by the Company, must be reported in writing within 30 days of acceptance of the works. Otherwise, they shall be deemed accepted.
Warranty rights and periods are governed by the applicable SIA standards, in particular SIA Standard 118, and, as a supplement, by the provisions of the Swiss Code of Obligations.
Hidden defects must be reported immediately upon discovery.
Starting from the third year following the acceptance of the works, only hidden defects may be invoked, in accordance with the applicable provisions. In the absence of immediate notification, the Client forfeits their warranty rights.
Do not constitute defects:
The Company's liability is limited to direct damages proven to result from gross negligence.
Expressly excluded are: indirect or consequential damages, loss of business, loss of profit or loss of earnings, and immaterial damages.
En tout état de cause, la responsabilité totale de la Société est limitée au montant du contrat concerné. Toute responsabilité pour des actes de tiers est exclue.
The Company and the Customer hereby expressly agree to a retention of title clause, valid for all sales contracts concluded between them, by virtue of which the Customer does not become the owner of the sold goods upon transfer of possession, but only when they have paid the full agreed price.
The Company is therefore authorized to unilaterally require, at its expense, from the debt enforcement office, the registration of this agreement in the register of retention of title agreements.
Any modification of a contract concluded between the Company and the Customer, as well as of these general terms and conditions of sale, must be the subject of a written agreement signed by both parties.
If any provision of this contract or these terms and conditions is found to be void, invalid, or unenforceable, in whole or in part, such voidness shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the affected provision with a valid provision that most closely approximates the original economic intent.
The Company reserves the right to modify, postpone, or suspend, in whole or in part, the performance of its services – notably meetings, travel, commissioning, and on-site interventions – when sanitary, political, security, or logistical conditions do not allow for safe intervention conditions that comply with usual safety requirements.
Without this list being exhaustive, the following are also considered:
In such circumstances, contractual deadlines are automatically extended for a period equivalent to the duration of the impediment, without this being considered a delay attributable to the Company.
Furthermore, the offer prices are established based on the economic, technical, and regulatory conditions known at the time of its issuance. In the event of a significant change in these conditions, particularly due to fluctuations in the costs of raw materials, energy, transportation, exchange rates, or any change in the execution conditions, the Company reserves the right to adjust its prices accordingly.
In the event of a significant economic imbalance making the performance of services excessively burdensome, the Company may request a renegotiation of the contractual terms. Failing an agreement within a reasonable period, it reserves the right to suspend or terminate all or part of the services, without its liability being incurred.
The contractual relationship between the Company and the Client, as well as these general terms and conditions, shall be governed exclusively by Swiss law.
Any dispute concerning the validity, interpretation, or performance of a contract or these General Terms and Conditions shall fall under the exclusive jurisdiction of the ordinary courts at the Company's headquarters, namely the district of Lausanne (Vaud, Switzerland).