Scope of application
These conditions are attached to our offers and can be viewed at any time on our website www.glastroesch.ch.
They form an integral part of our contract with the customer, irrespective of the form in which the contract is concluded (in writing, online, by telephone, verbally or by implied conduct). The conditions apply to all contracts, deliveries and other services (including consulting services), even if they are no longer expressly referred to in further business relations. General terms and conditions of the customer do not apply. Such conditions shall only become binding if they have been expressly accepted by us in writing.
In addition to these General Conditions of Sale and Delivery, the following technical standards and guidelines apply: SN EN standards, glass standards and guidelines SIGAB, Tolerance Manual Glass TrĂ¶sch 2011 at www.glastroesch.ch.
Our offers are non-binding unless otherwise expressly confirmed in writing. Orders only become binding with our written order confirmation. The content of the order confirmation is authoritative.
In the event of changes and cancellations of orders, the costs incurred up to that point (but at least CHF 50.00) will be invoiced to the customer.
The prices listed in the order confirmation shall apply plus statutory value-added tax.
Additional expenses for unforeseen work will be charged additionally.
The prices are calculated packed, plus any surcharges such as performance-dependent heavy goods vehicle tax, energy cost surcharge, etc. and value added tax, each without unloading as follows:
- free of charge main warehouse of the customer when delivered by truck
- free of charge at delivery and installation by us
For orders with an order value of less than CHF 100.00 the prices are ex works, excluding shipping costs.
Dates stated in our order confirmations are non-binding approximate dates. If a target date is considerably exceeded, the customer is entitled to withdraw from the contract after setting a reasonable grace period. Other claims due to delayed delivery are excluded.
If delivery on call is agreed, the customer is obliged to call off the delivery at the latest 10 working days after notification of readiness for call-off. If he does not do this in time or not completely, we are entitled to store the goods at the customer's expense and risk. If the goods are not called within a reasonable period of grace set by us, they shall be deemed to have been called and delivered and the customer shall be obliged to pay.
Transfer of benefits and risks
Benefit and risk, in particular the risk of glass breakage, pass to the customer (i) upon collection by the customer with the notification that the goods have been made available, (ii) for delivery by us before unloading and (iii) for delivery and glass assembly by us with the installation of the goods.
We determine the type of packaging. Usually the delivery is made openly on glass transport facilities, which remain our property and are to be returned to us within one month after delivery. Any additional costs arising from non-compliance with this period will be invoiced to the customer. If the customer requires a different type of packaging, he shall bear the associated additional costs and assume liability for damage during transport and storage.
The customer must provide a sufficient flat surface with a solid base at the unloading point for the storage of the glass transport racks. The necessary auxiliary personnel and equipment such as cranes, construction lifts, platforms, etc. shall be provided at the customer's expense in accordance with our specifications. The glass transport equipment must be unloaded immediately and made available for collection. Damaged or non-returned glass transport equipment will be charged. A fee will be charged for any waste glass disposal.
Term of payment
Unless otherwise agreed in writing, our invoices are due and payable within 30 days net. After expiry of the 30-day payment period, the outstanding amounts will be debited with the statutory default interest of 5%. Complaints have no influence on the due date of our invoices. Offsetting against counterclaims is not permitted.
We are entitled to demand the following down payments:
- 1/3 when the order is placed and 2/3 when the glass is delivered.
- One third for glass delivery and assembly when the order is placed, one third for glass delivery and one third after completion of glass assembly.
The payment deadlines apply to each down payment stage individually.
If the customer is in arrears with payments, we are entitled to make the entire remaining debt due. In this case, we are also entitled to demand advance payment or the provision of security.
We guarantee that the delivered goods have no defects, in particular no defects within the meaning of the glass standards issued by the Swiss Institute for Glass in Construction (SIGAB). Deviations in dimensions, contents, thicknesses, weights and colour shades within the framework of industry-standard tolerances and industry-standard dimensional tolerances for cutting do not give rise to any warranty claims on the part of the customer. We accept no liability for damage caused by unsuitable or improper use, faulty assembly, commissioning, modifications or repairs, faulty treatment or ordinary abrasion or non-compliance with the applicable standards, in particular the glass standards issued by the Swiss Institute for Glass in Construction (SIGAB).
The customer is obliged to inspect and accept the goods immediately after delivery. Complaints must be made in writing within 10 days, but in any case before processing, installation or other use, in detail and stating the nature of the defect, otherwise all claims with regard to the defects concerned shall lapse. We must also be given the opportunity to examine the defects.
In the event of a justified and prompt complaint, we are entitled, at our discretion, to exchange or repair the goods, to grant a discount or to take back the goods against reimbursement of the remuneration.
As a general rule, we deliver replacements free of charge in the event of timely notification of defects and justified complaints. We contribute up to CHF 50.00 per mÂ˛ glass surface to the costs of any replacement and/or repair work (further claims for replacement and costs, e.g. for cranes, scaffolding etc., are excluded). Further claims of the customer (such as compensation, reduction, cancellation of the contract or withdrawal) are, as far as legally permissible, expressly excluded.
Under no circumstances shall the customer be entitled to compensation for damages not incurred to the delivery item, such as loss of profit, loss of production or loss of use. In particular, we are not liable for damages,which are caused by installation, glazing, emergency glazing, reworking or repair work carried out by the customer or third parties. In such cases the customer must indemnify us against all claims.
Abnormal loads are when glazing and systems are exposed to high thermal, static or dynamic loads. Abnormal loads must be listed in detail when requesting an offer, as these require special measures to maintain the service life of the glazing and its components. If the customer fails to provide this information, we expressly assume no warranty for resulting defects.
Reservation of proprietary rights
Ownership of the goods shall not pass to the customer until full payment has been received. We are entitled to have the retention of title registered with the competent debt collection office. By placing an order, the customer gives his express consent and undertakes to take all measures and legal actions necessary to justify or maintain the retention of title. To secure all claims which we have against the customer, the customer assigns to us all claims against third parties to which he is entitled in connection with the use of the goods supplied by us until the invoice amount has been paid in full.
Swiss law shall apply to all contracts. The application of the UN Sales Convention of 11 April 1980 is expressly excluded.
Should one of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. An invalid provision shall be replaced by another provision which comes as close as possible to its legal and economic meaning.
Place of Performance and Jurisdiction
Place of performance for deliveries and payments is the registered office of the supplying plant. The exclusive place of jurisdiction for all legal disputes between the parties shall be the registered office of the seller. However, we are entitled to sue the customer at his registered office.