The Simple Subcontractor Agreement is essential for businesses operating in Switzerland who need to formally engage subcontractors for specific projects or services. This document, governed by Swiss law, particularly the Swiss Code of Obligations (OR), establishes clear contractual relationships while ensuring compliance with federal and cantonal regulations. The agreement is designed to protect both parties' interests by clearly defining work scope, payment terms, performance standards, and legal obligations. It's particularly valuable for projects requiring specialized expertise or additional workforce capacity, and can be adapted across various industries while maintaining compliance with Swiss legal requirements. The Simple Subcontractor Agreement includes provisions for insurance, liability, regulatory compliance, and dispute resolution, making it a comprehensive tool for managing subcontractor relationships in the Swiss business environment.
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1. Parties: Identification of the main contractor and subcontractor with full legal names and addresses
2. Background: Context of the agreement, including reference to the main contract if applicable
3. Definitions: Key terms used throughout the agreement
4. Scope of Work: Detailed description of the services or work to be performed by the subcontractor
5. Term and Timeline: Duration of the agreement and key milestone dates
6. Payment Terms: Compensation, payment schedule, invoicing requirements, and payment methods
7. Obligations of the Subcontractor: Key responsibilities, quality standards, and performance requirements
8. Obligations of the Main Contractor: Main contractor's duties, including provision of information and materials
9. Personnel and Resources: Requirements regarding staff, equipment, and materials
10. Compliance with Laws: Obligation to comply with relevant Swiss laws and regulations
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds and procedures for ending the agreement
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. General Provisions: Standard clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when the subcontracted work involves creation of intellectual property
2. Data Protection: Necessary when personal data processing is involved, ensuring FADP compliance
3. Non-Competition: Optional restrictions on subcontractor's competitive activities
4. Work Permits and Immigration: Required when foreign workers are involved
5. Quality Control and Testing: Relevant for technical or construction projects
6. Performance Bonds: Required for high-value or high-risk projects
7. Force Majeure: Optional clause for handling unforeseen circumstances
8. Environmental Compliance: Required for projects with environmental impact
9. Health and Safety: Detailed requirements for high-risk work environments
1. Schedule A - Scope of Works: Detailed technical specifications and requirements
2. Schedule B - Payment Schedule: Detailed breakdown of payments, milestones, and rates
3. Schedule C - Timeline: Detailed project schedule and milestones
4. Schedule D - Key Personnel: List of key staff and their qualifications
5. Schedule E - Required Insurance: Specific insurance requirements and coverage levels
6. Appendix 1 - Technical Specifications: Detailed technical requirements and standards
7. Appendix 2 - Form of Invoice: Template for submitting invoices
8. Appendix 3 - Compliance Certificates: Required certifications and compliance documents
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