Contract Law for IT procurement at ETH Zurich

Assume responsibility – IT Procurement: are you aware of your rights and obligations? What must I do and what should I rather avoid?

A clear definition of requirements and other mutual expectations is an important prerequisite for successful procurement. The appropriate moment for this would be right before contract conclusion when both parties are ready to agree upon scope of services. Contracts are governed by the Swiss Code of Obligations (OR) which allow plenty of flexibility. IT procurement at ETH Zurich must meet the requirements of the internal Financial Regulations, comply with the rules of the “öffentliche Beschaffungswesen” and are subject to the General Terms and Conditions (GTC) for Federal IT. The above are all based on Swiss law, which must be applied.

A most essential detail to be observed when writing up a contract is a clear and comprehensive description of the goods or services to be delivered including all the various conditions which may affect the contract. ETH acceptance of services/goods including benefits and risks are based on these particulars. The latter are equally important for enforcement of consequences in the case of non- or partial -fulfillment of contract.

Awareness Program

As part of an awareness program, the IT Services have organized a series of information events in which ETH members were alerted to various significant aspects of contract law. The difference between contracts for services, procurement and works, respectively, was also explained.
Using numerous examples, various concepts were clarified, followed by a lively discussion. ETH members that need help with procurement should contact the ITS PPF Order and Contract Management team early on in the process.

Waiting-list Courses

Presentations will be repeated regularly (waiting list).

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