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A Notice to Remedy Breach is a formal warning sent to someone who has failed to meet their contractual obligations under Swiss law. It gives the breaching party a specific timeframe to fix the problem before the sender takes further legal action. For example, a landlord might send this notice to a tenant who hasn't paid rent, or a business might send one to a supplier who delivered faulty goods.

Under Swiss Code of Obligations, this notice (also called a "Mahnung" in German) plays a crucial role in dispute resolution. It must clearly identify the breach, specify what needs to be done to correct it, and set a reasonable deadline. The notice protects the sender's legal rights while giving the other party a fair chance to resolve issues before facing consequences like contract termination or legal proceedings.

Send a Notice to Remedy Breach when your business partner, tenant, or contractor violates important contract terms and you need documented proof of giving them a chance to fix the problem. Common triggers include missed payments, substandard work quality, or failure to deliver goods on time. Under Swiss law, this notice becomes crucial evidence if you later need to terminate the contract or seek damages.

Time matters when sending this notice. Act promptly after discovering a breach - waiting too long might signal acceptance of the situation. Swiss courts look favorably on parties who take reasonable steps to resolve disputes before escalating to litigation. The notice also helps preserve your legal rights while maintaining professional relationships by offering a structured path to resolution.

• Basic Notice: A straightforward warning about contract breaches, typically used for simple violations like late payments or minor service issues.
• Detailed Commercial Notice: Contains comprehensive breach descriptions and specific remedy requirements, commonly used in complex business contracts.
• Property Management Notice: Tailored for landlord-tenant relationships under Swiss tenancy law, addressing issues like maintenance or rent defaults.
• Construction Notice: Focuses on project delays, defective work, or safety violations in building contracts.
• Service Agreement Notice: Addresses quality standards, performance metrics, or deadline breaches in professional service contracts.

• Business Owners: Send notices to suppliers, contractors, or business partners who breach contractual obligations, protecting their commercial interests.
• Property Managers: Issue notices to tenants for rent defaults, property damage, or violations of lease terms under Swiss tenancy law.
• Legal Counsel: Draft and review notices to ensure compliance with Swiss Code of Obligations and maintain legal validity.
• Contract Managers: Monitor breaches and coordinate the notice process in large organizations.
• Recipients: Parties who receive the notice must respond within the specified timeframe or face legal consequences.

• Contract Review: Locate and review the original contract to identify the exact terms being breached and any notice requirements.
• Evidence Collection: Gather proof of the breach, including dates, communications, and any relevant documentation.
• Timeline Details: Document when the breach occurred and create a reasonable deadline for remedy under Swiss law.
• Breach Description: Write a clear, factual description of how the contract was violated, avoiding emotional language.
• Remedy Requirements: Specify exactly what actions must be taken to fix the breach and by when.
• Delivery Method: Choose a traceable delivery method that complies with the contract's notice provisions.

• Party Details: Full legal names and addresses of both the sender and recipient, including any reference numbers.
• Contract Reference: Specific details of the original agreement, including date and contract number.
• Breach Description: Clear statement of the contract terms violated and how they were breached.
• Remedy Instructions: Specific actions required to correct the breach within a reasonable timeframe.
• Legal Consequences: Statement of potential actions if the breach remains uncorrected.
• Compliance Statement: Reference to relevant Swiss Code of Obligations articles governing the notice.
• Signature Block: Date, location, and authorized signature of the sending party.

A Notice to Remedy Breach differs significantly from a Notice of Default in both timing and purpose under Swiss law. While both documents address contractual problems, they serve distinct legal functions and trigger different consequences.

• Timing and Intent: A Notice to Remedy Breach comes first, offering a chance to fix problems before more serious action. A Notice of Default declares the breach has already occurred without offering remedy options.
• Legal Effect: The Remedy notice maintains the contract while requesting corrections. The Default notice typically starts the process of contract termination or legal action.
• Remedy Period: Remedy notices must include a reasonable timeframe for correction. Default notices generally don't include cure periods.
• Legal Consequences: A Remedy notice preserves business relationships and legal rights. A Default notice often triggers immediate penalties or contract termination under Swiss Code of Obligations.