Terms of purchase
ARTICLE 1 – Scope and Application
These General Terms and Conditions of Purchase (“GTCP”) apply to all purchase orders issued by EVENTS CONCEPT SA (“Events Concept”) to any supplier (“Supplier”), unless otherwise agreed in writing.
Any acceptance or performance of an order implies full and unconditional acceptance of these GTCP by the Supplier. Any conflicting or additional terms proposed by the Supplier shall not apply unless expressly accepted in writing by Events Concept.
ARTICLE 2 – Orders and Acceptance
An order shall be binding only upon written confirmation by Events Concept (signed purchase order or written confirmation).
The Supplier’s acceptance may be evidenced by:
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Signed return of the purchase order;
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Written confirmation by email;
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Commencement of performance.
Any modification to an accepted order must be approved in writing by Events Concept.
ARTICLE 3 – Supplier Obligations
The Supplier undertakes to:
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Perform services or deliver goods in accordance with agreed specifications and timelines;
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Act in accordance with professional best practices;
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Comply with all applicable laws and regulations;
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Maintain adequate professional liability insurance;
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Ensure qualified personnel perform the services.
The Supplier is bound by an obligation of result unless otherwise expressly agreed.
ARTICLE 4 – Quality and Compliance
The Supplier guarantees that:
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Goods and services comply with agreed specifications;
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Deliverables are free from defects;
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Applicable safety, labor, environmental and regulatory standards are respected.
Events Concept reserves the right to reject any non-compliant delivery or service and require correction at the Supplier’s expense.
ARTICLE 5 – Subcontracting
The Supplier may not subcontract all or part of the services without prior written approval from Events Concept.
Approved subcontractors must:
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Comply with the same standards of quality, documentation, confidentiality and traceability;
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Provide supporting documentation upon request.
The Supplier remains fully liable for its subcontractors.
ARTICLE 6 – Documentation and Audit
Upon request, the Supplier shall provide:
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Signed delivery notes;
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Timesheets (if applicable);
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Detailed breakdown of quantities and unit prices;
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Supporting invoices and accounting documents;
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Any documentation necessary to justify reimbursable costs.
Reimbursable costs must be documented, non-recoverable and supported by valid accounting evidence.
Events Concept reserves the unilateral right to verify documentation related to the performance of the services.
ARTICLE 7 – Invoicing and Payment
Invoices must include:
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Purchase order number;
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Detailed breakdown of services or goods;
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Required supporting documentation.
Incomplete invoices may be rejected.
Payment terms are 60 days from receipt of a compliant invoice and acceptance of services.
Events Concept reserves the right to:
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Withhold payment of disputed amounts;
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Offset any sums due against amounts owed by the Supplier (in accordance with Art. 120 CO).
Payment does not constitute acceptance of defective services.
ARTICLE 8 – Pricing
Prices agreed are firm unless otherwise specified.
Where pricing is based on unit rates, time and materials, or estimated quantities, the Supplier must provide detailed breakdowns allowing verification.
No additional costs shall be incurred without prior written approval.
ARTICLE 9 – Liability of the Supplier
The Supplier is fully liable for:
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Direct damage resulting from its fault or negligence;
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Any breach of contractual obligations;
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Claims from third parties arising from its performance.
The Supplier shall indemnify Events Concept against any third-party claims, including intellectual property claims.
ARTICLE 10 – Limitation of Liability of Events Concept
To the extent permitted by Swiss law, the total aggregate liability of Events Concept arising out of or in connection with any order shall be limited to the total amount paid under the relevant purchase order.
Events Concept shall not be liable for indirect, consequential, reputational, loss of profit or special damages.
Liability for unlawful intent (dol) or gross negligence remains reserved in accordance with Swiss law.
ARTICLE 11 – Cancellation
11.1 Cancellation by the Supplier
In case of total or partial cancellation by the Supplier, the Supplier shall immediately reimburse all amounts received and may be liable for damages.
11.2 Cancellation by Events Concept
Events Concept may cancel an accepted order at any time.
The Supplier shall only be entitled to reimbursement of:
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Documented, non-recoverable costs effectively incurred at the date of cancellation;
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Supported by valid accounting documentation.
The Supplier expressly waives any claim for:
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Loss of profit;
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Anticipated margin;
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Consequential or indirect damages.
The Supplier shall take all reasonable steps to mitigate cancellation costs.
11.3 Client-Initiated Cancellation
If cancellation results from a decision of the end client of Events Concept, the same principles apply.
ARTICLE 12 – Force Majeure
Neither party shall be liable for failure due to force majeure events beyond reasonable control, including but not limited to:
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Natural disasters;
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Government restrictions;
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Epidemics or pandemics;
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Travel bans;
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Venue closure.
The affected party must notify the other without delay and mitigate the impact.
ARTICLE 13 – Intellectual Property
Unless otherwise agreed:
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Deliverables become the property of Events Concept upon full payment;
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The Supplier warrants that no third-party rights are infringed.
The Supplier shall indemnify Events Concept against any IP infringement claims.
ARTICLE 14 – Confidentiality
The Supplier shall treat as confidential all information received in connection with the order.
Confidentiality obligations survive termination.
ARTICLE 15 – Data Protection
The Supplier shall comply with:
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The Swiss Federal Act on Data Protection (FADP);
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Where applicable, GDPR.
The Supplier shall implement appropriate technical and organizational measures.
ARTICLE 16 – Ethics and Compliance
The Supplier represents and warrants compliance with:
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Swiss Criminal Code provisions;
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Applicable anti-corruption laws;
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All relevant ethical standards.
Any conflict of interest must be disclosed immediately in writing.
Events Concept may terminate the contract immediately in case of:
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Material breach;
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Insolvency;
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Serious misconduct;
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Violation of law;
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Reputational risk.
ARTICLE 17 – Applicable Law and Jurisdiction
These GTCP are governed exclusively by Swiss law, excluding its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any dispute shall fall under the exclusive jurisdiction of the competent courts of Geneva, Switzerland.