Terms and Conditions

Lavanchy Automation — Version: 28.09.2026

This is a free translation for information purposes. Only the German version is legally binding and prevails in case of discrepancies.

1. Scope

These General Terms and Conditions (GTC) apply to all engagements between Lavanchy Automation, Rue du Centre 53, 1025 St-Sulpice VD (hereinafter «Lavanchy Automation»), and its clients in the field of process automation, ERP integration, managed AI consulting and related consulting services (hereinafter «Services»).

These GTC apply both to clients contracting directly with Lavanchy Automation and, as a supplement to any framework agreement, to partners through whom Lavanchy Automation provides Services to their end clients. Deviating or supplementary terms of the client apply only if Lavanchy Automation has expressly agreed to them in writing.

2. Formation of contract

An engagement is formed once the client and Lavanchy Automation confirm the agreed scope of services in writing. Written confirmation includes in particular the signing of a quote, an express email confirmation of the agreed scope of services by the client, or the signing of a framework agreement together with the associated individual order.

Quotes from Lavanchy Automation are non-binding and, unless stated otherwise, valid for 30 days from the date of issue. Without a confirmation within the meaning of paragraph 1, no engagement is formed, even if preliminary discussions, meetings or non-binding coordination have already taken place.

3. Scope of services

The specific scope of services is agreed separately for each project in a quote or an individual order. This includes in particular the objective, scope, cooperation duties, timeline, cost ceiling or fee, and acceptance criteria.

Where a cost ceiling is agreed, it serves primarily for Lavanchy Automation’s internal calculation. Should the actual effort exceed the agreed cost ceiling, Lavanchy Automation informs the client promptly and decides, after consulting the client, whether and on what terms the project will be continued, unless the respective quote provides otherwise.

4. Client cooperation duties

The client provides the information, access, data and points of contact needed for implementation in a timely manner. Where Lavanchy Automation provides Services for a partner’s end clients, the partner ensures that communication with the end client is coordinated and that the end client’s necessary cooperation is obtained in time.

Delays resulting from missing or late cooperation by the client, a partner or its end client may postpone the agreed timeline accordingly, without Lavanchy Automation being liable for this.

The client warrants that the data, files and documents it provides do not infringe any third-party rights (in particular copyright, trademark or data protection rights). If a third party asserts claims against Lavanchy Automation on this basis, the client indemnifies Lavanchy Automation against the claims asserted and the costs of an appropriate legal defence, provided the client is responsible for the infringement.

5. Implementation and acceptance

Implementation follows the agreed scope of services. The client reviews the results provided within the agreed period or, failing such agreement, within 10 working days of provision, and reports identifiable defects or requested changes in writing. If no report is made within this period, the service is deemed accepted.

AI-assisted tools may be used to build the Services. Unless expressly agreed otherwise in the respective quote, no client, personal or project data is transmitted to these AI tools. Any connection to such tools is disconnected again once setup is complete.

6. Fees and payment terms

Fees are agreed in the respective engagement (quote or individual order). Unless otherwise agreed, invoices are payable within 30 days without deduction.

If the client does not pay a due invoice on time, it is in default without further reminder. Lavanchy Automation is entitled to charge default interest of 5 % per year as well as the costs of a written reminder. Further claims for damages remain reserved.

If a discount of up to 100 % is granted as part of a case study, pilot project or comparable arrangement, it applies exclusively to the cost ceiling or scope of services stated in the respective engagement. Additional effort exceeding this cost ceiling that is continued by mutual agreement, as well as follow-up engagements, maintenance and support after the agreed discount period, are invoiced at Lavanchy Automation’s hourly rate in force at the time, unless expressly agreed otherwise.

7. Maintenance and support

A separate maintenance or support agreement with Lavanchy Automation can be concluded for implemented automations. Support services are only provided upon clear instruction. Lavanchy Automation provides support to the best of its knowledge and ability during normal office hours.

Scope, response time and other conditions are set out in the respective agreement. Without a separate agreement, Lavanchy Automation has no ongoing maintenance or monitoring obligation.

8. Rights to work results

Unless otherwise agreed in the respective engagement, the work results created specifically for the client within the project (e.g. client-specific workflow configurations) pass to the client upon full payment of the agreed fee. Access, accounts and instances with third-party providers (e.g. n8n.io) registered in the client’s name remain with the client in all cases; the client bears the running costs of such instances.

Pre-existing components, templates or frameworks of Lavanchy Automation that were not developed specifically for the client remain the property of Lavanchy Automation regardless of the project. The client receives a simple, non-transferable right to use them within the agreed purpose.

Lavanchy Automation is entitled to additionally back up the workflow configurations created within a project in its own private archive, insofar as this is necessary for providing support or maintenance services or has been agreed with the client.

9. Data protection and confidentiality

Lavanchy Automation treats the client’s confidential information confidentially and processes personal data in accordance with the applicable data protection provisions and Lavanchy Automation’s current privacy policy.

Both parties treat all information exchanged within a project, in particular access credentials, client data and process details, confidentially and do not disclose it to uninvolved third parties without the other party’s consent. This obligation continues after the end of the respective engagement, but for no longer than 5 years from the end of the contract, unless the information is in any case subject to statutory or contractually unlimited protection (e.g. professional secrecy, trade secrets requiring permanent protection).

Where additional agreements on commissioned processing or data security are required for a project (e.g. a data processing agreement), these are agreed separately.

10. Termination and data handover

At the end of the contract, Lavanchy Automation provides the client, upon request, with a copy of the workflow configurations created for it, insofar as these are not already with the client. Lavanchy Automation’s access to the client’s systems is deactivated within 10 working days of the end of the contract.

The client is itself responsible for independently continuing or replacing the automation after the end of the contract, unless a maintenance agreement with Lavanchy Automation is in place at that time.

A single support assignment separately commissioned after the end of the contract does not give rise to any entitlement to ongoing or recurring support. It is remunerated as a separate new engagement on a time-and-material basis.

11. Liability

Lavanchy Automation is liable only for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law. The total liability of Lavanchy Automation arising from a single engagement is in any case limited to CHF 2,000.00, even if no fee or a reduced fee is owed as part of a case study or a comparable discount.

Lavanchy Automation is not liable for damage arising from access credentials, systems or content of third parties (e.g. Microsoft, n8n.io or other third-party systems used by the client) being provided incorrectly, late or not at all, or for failures of such third-party systems.

12. Termination of ongoing agreements

Unless otherwise agreed in the individual contract, ongoing support and maintenance agreements can be terminated with 30 days’ notice to the end of a calendar month. The right to extraordinary termination for good cause remains reserved.

13. Relationship to framework agreements

If a separate framework agreement exists between Lavanchy Automation and a partner, its provisions take precedence over these GTC in the event of conflict in the relationship between Lavanchy Automation and that partner. These GTC apply as a supplement for all points not regulated differently.

14. Amendments to these GTC

Lavanchy Automation may amend these GTC unilaterally at any time. The version published on the website at the time the contract is concluded applies.

For ongoing contractual relationships (e.g. maintenance agreements), the client is informed in writing of amendments to these GTC at least 30 days in advance. If the client does not object within this period, the amended GTC are deemed accepted. If the amendment is disadvantageous to the client, the client may terminate the affected contractual relationship within the same period with effect from the date the amendment enters into force.

15. Governing law and jurisdiction

Swiss law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Jurisdiction is determined according to the statutory provisions. Where legally permissible, the registered seat of Lavanchy Automation (St-Sulpice VD) has jurisdiction.

16. Final provisions

Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.