General Terms and Conditions (GTC)


These General Terms and Conditions (GTC) regulate the relations between

– PREAMS AG and its clients (customers)
– PREAMS AG and its contractors (suppliers)

and describe the forms of cooperation between us and our clients/suppliers to create transparency regarding mutual rights and obligations.

These “General Terms and Conditions” shall apply exclusively to all business transactions between the client/supplier and PREAMS AG.

Any conflicting terms and conditions of the client shall only be effective if expressly accepted by PREAMS AG in writing. Agreements deviating from or supplementing these “General Terms and Conditions” must be in writing and are valid if they have been confirmed by the signature of both contracting parties. The “General Terms and Conditions” are an integral part of an order.

Conclusion of contract, copyrights, and rights of use and termination

The offers of PREAMS AG are – also concerning the price quotations – non-binding. The cost estimates presented by PREAMS AG are – only where explicitly stated – lump sums, in all other cases they refer only to the explicitly mentioned services excluding VAT. The quotations shall lose their validity six weeks after their issue. With the written acceptance of the order, a contract is concluded. All contracts or orders placed with an open-ended scope may be terminated at the end of a quarter, subject to three months’ notice.

Each order placed with PREAMS AG is a contract for work and services, which is also directed towards the granting of rights of use to the work and services. The contract does not have as its object the examination of the admissibility of the work performances of PREAMS AG under competition law. It also does not include the examination of the trademark or other protection-law registrability or usability of the work performances of PREAMS AG. The client is responsible for the corresponding research and the compatibility of the work performances with all relevant legal provisions.

The client shall not acquire any rights whatsoever to work that has not been completed. All documents are to be returned to PREAMS AG without delay.

Performance and fees

Unless otherwise agreed, PREAMS AG’s claim to a fee shall arise for each service as soon as it has been rendered. PREAMS AG is entitled to demand advance payments to cover its expenses. All services of PREAMS AG that are not expressly covered by the agreed fee shall be remunerated separately. Cash expenses that exceed the usual business operations (e.g., for messenger services, extraordinary shipping costs, or travel) are to be reimbursed by the client.

Cost estimates of PREAMS AG are generally binding. If the actual costs exceed the estimate by more than 10%, PREAMS AG shall notify the client of the higher costs. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within three days of such notification and at the same time discloses less expensive alternatives.


Unless otherwise agreed, invoices of PREAMS AG are payable within 30 days.


PREAMS AG shall make every effort to meet the agreed deadlines. PREAMS AG shall not be liable for meeting deadlines if the delay in meeting the deadline is caused by the client’s neglect of his duties to cooperate. The client shall grant PREAMS AG a reasonable grace period. A claim for damages due to delay exists only in case of intent or gross negligence on the part of PREAMS AG. Unavoidable or unforeseeable events shall release PREAMS AG from compliance with the agreed delivery date.


The customer shall assert and substantiate any complaints in writing within 10 days after a performance by PREAMS AG. In the event of justified and timely complaints, the customer shall have the exclusive right to rectification of defects by PREAMS AG. Claims for damages by the client are excluded unless they are based on intent or gross negligence on the part of PREAMS AG.


PREAMS AG shall only be liable for proven damages incurred by the client due to intentional or grossly negligent breach of contract by PREAMS AG. Any further liability of PREAMS AG for direct or indirect damages of any kind is excluded to the extent permitted by law.

Relationship with contractors (suppliers)

PREAMS AG may place orders with suppliers on behalf of and for the account of third parties (customers). In this case, the suppliers shall assert their claims exclusively against the clients of PREAMS AG. PREAMS AG shall at no time and in no case be liable for claims arising from an order placed with suppliers by PREAMS AG in the name and for the account of third parties. Liability for subcontractors is completely excluded.

Applicable law

Swiss law shall apply to the entire legal relationship between PREAMS AG and the client. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions (severability clause).

Place of jurisdiction

The place of jurisdiction is Widnau. PREAMS AG reserves the right to sue the client (customer) also at his domicile.

PREAMS AG reserves the right to amend these General Terms and Conditions at any time.