1.1 These General Terms and Conditions of Contract and Delivery (GTCD) shall apply
to all our sales, deliveries and any follow-up business.
Any conflicting terms and conditions of the customer shall not be binding for us,
even if they form the basis of the order.
1.2 Amendments and supplements to the contract and our AVL are only valid
only valid if they are confirmed by us in writing. In the event of verifiable
additional work or additional expense can result in an adjustment of the agreed
result in an adjustment of the agreed contract sum.
1.3 Our prices are quoted in the currency offered.
Customs clearance and any taxes and fees levied at the customer's domicile shall be borne by the customer.
at the customer's domicile shall be borne by the customer. The obtaining of any
building permit, if required, shall be the responsibility of the customer.
1.4 Plans, sketches, as well as construction cleaning and waste disposal are not the
subject of our offer/contract, unless this has been expressly agreed.
2. conclusion of contract
2.1 We reserve the right to make improvements or technical changes to the design or
design of our deliveries are reserved.
2.2 The contract shall only be deemed to have been concluded when we have
confirmed the acceptance of an order in writing. If the customer cancels an
order, we shall charge a cancellation fee of 25% of the agreed price.
of the agreed price. We reserve the right to claim further
3. delivery deadlines
3.1 If the delivery period is specified as a period (and not as a date),
it shall commence on the date of receipt of the deposit. Any
delivery period shall be extended appropriately if we do not receive information or
received in time, if they are subsequently changed by the customer with our
subsequently changed by the customer with our consent, or if an
is received late.
3.2 If the non-observance of a delivery period is not due to our exclusive and gross fault, the
and gross negligence, the customer shall not be entitled to
right to withdraw from the contract, to waive the delivery or to demand
delivery, nor to demand compensation for damages.
3.3 In the event of operational disruptions, unforeseeable difficulties in the
in the procurement of materials, strikes, war, failure of the energy supply,
traffic blockages and other cases of force majeure, we are
cases of force majeure, we shall be entitled to set new delivery deadlines or to
withdraw from the contract.
4.1 Representatives and fitters are not authorised to collect payments.
4.2 Payment conditions as a rule: 50 % upon conclusion of the contract,
within 10 days, balance on completion of installation work,
within 20 days. Special arrangements, see offer.
4.3 After the expiry of the payment deadline, without further reminders
interest on arrears shall be due at the rate of 1 % per month or part thereof
owed. The reminder fee is CHF 80 (€ 80).
4.4 The withholding or reduction of payments on account of complaints
is only permitted with our consent. The offsetting
of any kind of counterclaims is excluded.
5. Taking measurements
5.1 Calculation basis: One-time measurement; free access to the object.
object, all relevant components (see checklist) are existing, or
completed. If the measurements are taken by the customer, he
for the correctness of the measurements. Subsequent
subsequent structural changes must be remeasured.
6. assembly conditions
6.1 Calculation basis: Installation in one stage, access and free,
level access to the work site (inside and outside the building).
Electricity, possible scaffolding, platforms, crane etc. are to be provided at the
crane etc. are to be provided according to our specifications at the customer's expense. Construction cleaning
is not included.
6.2 Prior to the agreed start of the installation work, the customer must
at his own expense, make all preparations and measures in good time,
(in the case of new buildings, see checklist) which are necessary for the proper
the orderly progress of the work, the trouble-free performance and the
unimpeded completion of the work.
6.3 Immediately after completion of the installation work, the customer must
the work in the presence of our fitter and to confirm the
confirm that the work has been properly taken over. Any complaints
immediately in writing. If no acceptance takes place, the
the work is deemed to have been accepted. We reject any subsequent complaints.
6.4 We shall be liable for damage caused by our fitters to buildings or other constructions.
other constructions, we shall be liable within the framework of our
liability insurance (personal injury and property damage 3.0 Mio.
CHF, structural damage 0.25 million). Consequential damages are excluded from
7.1 Hidden defects must be reported in writing immediately after their discovery.
in writing immediately after their discovery. If this is not done, we shall not assume any
liability. Glass breakage is excluded from the warranty.
7.2 The warranty period is two years from the date of assembly of the work. During
defects occurring during this period must be reported in writing
otherwise any warranty shall be excluded.
is excluded. An extension of the warranty period due to rectification of defects does
does not occur.
7.3 Our warranty is limited to the replacement of defective parts.
parts. We reject any further liability for damages, in particular for consequential damage
consequential damage. We also reject the reimbursement of
costs for the rectification of defects which the customer has undertaken himself or through third
carried out by third parties. The customer shall not be entitled to price reductions
or rescission shall not exist.
7.4 For technically induced damage to adjacent components, which
which occur during the assembly and / or disassembly of existing systems,
we do not assume any warranty.
7.5 Excluded from the warranty are defects that are due in particular to
improper drainage of the light well, detailed construction that does not
detailed construction in accordance with the SIA recommendation, natural
natural wear and tear, inadequate maintenance (see maintenance recommendations),
disregard of operating instructions, excessive stress,
improper intervention by third parties, etc. Also
also excluded are defects which can be traced back to the fact that we have
instructions given by us after receipt of the notice of defects were not followed.
7.6 Defects and consequential damage are excluded from the warranty.
consequential damages for which there is an exclusion of liability on the part of the supplier or third
suppliers or third party contractors.
8. bank and insurance guarantees
8.1 Bank and insurance guarantees shall only be provided for a contract sum
of more than CHF 25,000 at an additional cost of at least
CHF 250. Beyond this amount, 1 % of the invoice total will be
will be charged for guarantee services.
9. additional conditions
9.1 In the event of assembly by the customer or delivery without assembly, the risk shall
risk shall pass to the customer upon leaving our works, irrespective of who
irrespective of who arranges the transport and pays the freight costs.
pays the freight costs. Our prices are net ex works.
10 Place of performance, place of jurisdiction, law
10.1 Insofar as these GCS do not contain any regulation, the provisions of the
of the SIA standards as amended from time to time shall apply and
and, in addition, those of the Swiss Code of Obligations.
10.2 The place of jurisdiction is St. Gallen. However, we are also entitled
the competent court at the customer's place of business.
Heliobus AG, St. Gallen 23 February 2022