schwimmbad
whirlpool
service
GENERAL TERMS AND CONDITIONS OF POZZAG AG
1. GENERAL CONDITIONS
1.1 SCOPE OF SERVICE
The agent is authorized to make changes that are equivalent or that lead to improvements, provided that this does not result in a price increase.
1.2 VALIDITY OF THE AVB'S / SPECIAL AGREEMENTS
1.2.1 These general terms and conditions are binding if they are declared applicable in the offer or in the order confirmation. Any other terms and conditions of the customer are only valid if they have been expressly accepted in writing by the company.
1.2.2 All agreements and legally relevant declarations of the contracting parties must be made in writing in order to be valid.
1.2.3 Should individual provisions of these GTC be invalid or unenforceable, they shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective.
1.3 BROCHURES AND TECHNICAL DOCUMENTS
Brochures and catalogues are not binding unless otherwise agreed. Details in technical documents are only binding if this has been expressly assured.
1.4 RELATIONSHIP TO SIA 118
If reference is made to SIA 118 or other SIA standards when placing the order or work contract, these shall apply unless deviations arise from these contractual conditions.
1.5 PARTIAL SERVICES
If the Contractor provides only partial services (planning, delivery and/or assembly), the respective special provisions shall apply (Clauses 2 or 3).
1.6 TERMS OF PAYMENT
1.6.1 The Customer may not withhold, offset or reduce payments due to complaints, claims or counterclaims not recognised by the Contractor.
1.6.2 If payment deadlines are agreed in writing, if they are exceeded without a special reminder, default interest of 8% will be due after the payment deadline has expired.
1.7 JURISDICTION, APPLICABLE LAW
1.7.1 Subject to the mandatory provisions of the Swiss Jurisdiction Act of 24 March 2000 (GestG; SR 272), the parties agree that the place of jurisdiction shall be the registered office of the Contractor. However, the Contractor is free to appeal to the court at the registered office of the Customer.
1.7.2 Swiss law shall apply to this contractual relationship.
2. SPECIAL CONDITIONS: PLANNING
2.1 INTANGIBLE RIGHTS TO PLANS
The agent retains all rights to plans and documents that he has handed over to the other party. The customer acknowledges these rights and may not make the documents accessible to third parties in whole or in part without the prior written authorization of the contractor or use them for any purpose other than that for which they were handed over to him.
2.2 TERMINATION OF THE PLANNING ORDER
2.2.1 The contract can be terminated by either party at any time. If the termination occurs at an inopportune time, the terminating party is obliged to compensate the other party for any damage caused.
2.2.2 If the customer cancels the contract prematurely, it shall owe the planner compensation of at least one quarter of the hypothetical order amount, subject to the right to claim damages in excess of this amount.
2.3 FEES
The planner's services will be billed according to time and effort, unless otherwise agreed in writing.
2.4 LIABILITY
The planner is liable for the proper fulfilment of the order. Liability for slight negligence is excluded.
3. SPECIAL CONDITIONS FOR THE DELIVERY AND INSTALLATION OF TECHNICAL EQUIPMENT
3.1 PRICES AND TERMS OF PAYMENT
The agreed payment dates must also be met if the transport, delivery or assembly of the supplies or services is delayed or made impossible for reasons for which the supplier is not responsible, or if insignificant parts are missing or rework proves necessary that does not make the use of the supplies impossible.
3.2 DELIVERY TIMES
3.2.1 The period begins as soon as the contract is concluded and the payments to be made at the time of ordering and any securities have been provided. If a specific date is agreed instead of a period, this shall be the last day of a delivery or assembly period.
3.2.2 The delivery or assembly period shall be extended appropriately if obstacles or delays occur for which the supplier is not responsible. Such obstacles include, for example, significant operational disruptions, accidents, labor disputes, late or faulty delivery of the
necessary raw materials, semi-finished or finished products, regardless of the fault of the supplier, official measures, natural events.
3.2.3 The customer is entitled to claim compensation for delayed deliveries or assembly amounting to 5% of the value of the goods only, provided that the delay was demonstrably the fault of the supplier and the customer can prove that he suffered damage as a result of this delay. Further claims are excluded.
3.3 TRANSFER OF BENEFIT AND RISK
3.3.1 Benefit and risk shall pass to the Purchaser upon dispatch of the goods from the Contractor.
3.3.2 If the shipment is delayed at the request of the customer or for other reasons for which the company is not responsible, the risk passes to the customer at the time originally planned for delivery ex works. From this point on, the deliveries are stored at the customer's expense and risk.
3.4 INSPECTION AND ACCEPTANCE OF DELIVERIES AND SERVICES
3.4.1 The purchaser must inspect the deliveries or services within a reasonable period of time and immediately notify the supplier of any defects in writing. If the purchaser fails to do so, the deliveries and services are deemed to have been approved.
3.4.2 The Supplier shall remedy the defects notified to it in accordance with Clause 351 and the Purchaser shall give it the opportunity to do so.
3.5 WARRANTY, LIABILITY FOR DEFECTS
3.5.1 Warranty period (guarantee period)
The warranty period is 12 months. It begins with the dispatch of the deliveries from the factory or with the agreed acceptance of the deliveries and services or, if the supplier has also undertaken assembly, with its completion.
For replaced or repaired parts, the warranty period begins again and lasts 6 months from replacement, completion of repair or acceptance. The warranty expires prematurely if the customer or third parties make changes or repairs or if the customer, if a defect has occurred, does not immediately take all appropriate measures to reduce the damage and give the supplier the opportunity to remedy the defect.
3.5.2 Liability for defects in material, design and workmanship
The supplier undertakes, at the customer's written request, to repair or replace, at its discretion, all parts of the system originating from the supplier which are proven to be defective or unusable due to poor material, faulty design or poor workmanship before the end of the warranty period. Replaced parts become the property of the supplier. The supplier bears the costs of repairs incurred at its factory.
3.5.3 Liability for warranted characteristicsWarranted characteristics are only those which have been expressly designated as such in the order confirmation or in the specifications. If the warranted characteristics are not or only partially fulfilled, the Purchaser shall initially be entitled to rectification by the Supplier. If this rectification is unsuccessful or only partially successful, the customer shall be entitled to a reasonable reduction in the price. If the defect is so serious that it cannot be remedied within a reasonable period of time and if the deliveries cannot be used for the stated purpose or can only be used to a considerably reduced extent, the Purchaser shall have the right to refuse acceptance of the defective part or, if partial acceptance is economically unreasonable for him, to withdraw from the contract. The supplier can only be obliged to refund the amounts paid to him for the parts affected by the cancellation.
3.5.5 Deliveries and services from subcontractors
3.5.6 Exclusivity of warranty claims
Due to defects in material, design or workmanship as well as due to the lack of guaranteed properties, the Purchaser shall have no rights or claims other than those expressly stated in Section 36.
367 Liability for secondary obligations
The supplier shall only be liable for claims by the purchaser due to inadequate advice and the like or due to breach of any ancillary obligations in the event of unlawful intent or gross negligence.
368 Exclusion of further liability of the supplier
All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. In particular, all claims for damages, reduction, cancellation of the contract or withdrawal from the contract that are not expressly mentioned are excluded. The customer has no claims for compensation for damages that did not arise from the delivery item itself, such as production downtime, loss of use, loss of orders, loss of profits or other indirect or direct damages. This exclusion of liability does not apply to unlawful intent or gross negligence on the part of the supplier, but it also applies to unlawful intent or gross negligence on the part of auxiliary persons. Otherwise, this exclusion of liability does not apply to the extent that it is contrary to mandatory law.
March 2022