A Facility Management Contract is essential for organizations seeking to outsource the management and maintenance of their facilities in Switzerland. This document is typically used when a property owner or occupier requires professional facility management services, including building maintenance, cleaning, security, and other support services. The contract must comply with Swiss federal and cantonal laws, particularly regarding employment, safety, and environmental regulations. The agreement details service specifications, performance standards, pricing structures, and risk allocation between parties. It addresses unique aspects of Swiss business practice and regulatory requirements, making it distinct from facility management contracts in other jurisdictions. The document is crucial for establishing clear operational parameters and ensuring legal compliance in the Swiss market.
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1. Parties: Identification of the service provider and client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the facility and services required
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of facility management services to be provided
5. Term and Commencement: Duration of the agreement and conditions for commencement
6. Service Provider's Obligations: Key responsibilities and obligations of the facility management provider
7. Client's Obligations: Responsibilities and obligations of the client, including access and information provision
8. Service Levels: Performance standards and KPIs for service delivery
9. Fees and Payment: Pricing structure, payment terms, and invoicing procedures
10. Staff and Subcontractors: Requirements for personnel, including qualifications and compliance with Swiss employment law
11. Health and Safety: Safety requirements and compliance with Swiss health and safety regulations
12. Insurance and Liability: Insurance requirements and limitation of liability provisions
13. Data Protection and Confidentiality: Compliance with Swiss data protection laws and confidentiality obligations
14. Termination: Termination rights and procedures
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Environmental Management: Required for facilities requiring specific environmental compliance or sustainability programs
2. Security Services: For facilities requiring specific security management and protocols
3. Specialized Technical Services: For facilities with specific technical equipment requiring specialized maintenance
4. Energy Management: For contracts with specific energy efficiency requirements or targets
5. Disaster Recovery: For critical facilities requiring specific business continuity provisions
6. Tenant Services: For multi-tenant facilities requiring specific tenant management services
7. Asset Management: For contracts including responsibility for asset lifecycle management
8. Change Management: For complex facilities requiring formal change management procedures
1. Schedule 1 - Service Specifications: Detailed specifications for each service to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement methodology
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, including any variable elements and price adjustment mechanisms
4. Schedule 4 - Site Information: Detailed information about the facility, including plans and technical specifications
5. Schedule 5 - Staff Organization: Organization chart and key personnel requirements
6. Schedule 6 - Required Reports: List and templates of required operational and performance reports
7. Schedule 7 - Equipment Inventory: List of equipment covered by the agreement
8. Schedule 8 - Emergency Procedures: Emergency response procedures and contact information
9. Schedule 9 - Handover Requirements: Procedures and requirements for service transition at contract end
10. Appendix A - Insurance Requirements: Detailed insurance coverage requirements
11. Appendix B - Health and Safety Requirements: Specific health and safety procedures and compliance requirements
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