General Terms and Conditions of Business for Deliveries and Services (EXTERIEUR) of the Glas Trösch Group Switzerland

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Area of application

These Terms and Conditions are enclosed with our quotations and can be inspected at any time at our website www.glastroesch.ch. They form an integral part of our contract with the Client. The Terms and Conditions shall apply for all contracts, deliveries and other services (including consulting services). The Client’s general terms and conditions of business shall not be applicable.


Delivery

Orders

Orders will be confirmed in writing, with the exception of orders for single panes. Any costs incurred in connection with changes of orders shall be charged at a minimum of CHF 10.

Transport charges from the place of delivery.

  • Delivery by lorry: delivered free to the Client’s main warehouse
  • Delivery and installation: delivered free to the building site
  • Delivery by rail: delivered free to the nearest valley station
  • HGVC (Heavy goods vehicle charge): a HGVC per m² is levied on all orders
  • Order value under CHF 50: ex works, not free

Transfer of benefit and risk

The benefit and risk, in particular the risk of glass breakage, shall pass to the Client at the time of collection by the Client from the warehouse / works ramp when loading, in the case of delivery by us after unloading has been completed, and in the case of delivery, including glass fitting by us, with the conclusion of installation works. (Recommendation: Client should take out glass breakage insurance to provide cover from the time of the transfer of benefit and risk).

Packaging

Open on glass transport racks which remain our property. Racks must be returned within one month of delivery. On request, glass can be delivered in boxes for an additional charge.

Unloading

The necessary assistants and ancillary equipment, crane, building lift, platforms etc. are to be made available in accordance with our specifications at the Client’s cost and risk. The glass transport racks are to be unloaded immediately and placed ready for collection. Damaged or non-returned units shall be charged. A fee shall be charged for the disposal of any old glass.

Delivery deadline

Delivery dates specified in our order confirmations shall be regarded as non-binding target dates. If a delivery date is considerably exceeded, the Client shall be entitled to withdraw from the contract after an appropriate period of grace set by the Customer has expired unsuccessfully. Any other claims due to delivery delays shall be excluded.


Payment

Payment period

Our invoices shall be due and payable within 10 days with 2% discount or within 30 days net. After the end of the 30-day payment period, statutory default interest of 5% shall be charged on the outstanding amounts.

Complaints about goods shall have no influence on the due date of our invoices. It is not permitted to offset payments with counterclaims. 

Surcharges

Packing in boxes: according to expenditure.

Delivery with unloading at the building site: according to expenditure.

Advance payments

If the value of an order exceeds CHF 20,000, we shall be entitled to demand the following advance payments: For glass delivery: 1/3 at the time of placing the order and 2/3 on delivery. For glass delivery and installation: 1/3 at the time of placing the order, 1/3 on delivery of the glass and 1/3 after completion of glass installation. The payment periods shall apply to each stage of advance payment individually.

 
Warranty for defects

Scope of the warranty

We guarantee that the goods delivered are free of defects as specified in the “Glass Standards” published by the Swiss Institute for Glass in Building (SIGAB). This obligation under warranty shall apply provided that the Client complies with the applicable standards, in particular the “Glass Standards” published by the Swiss Institute for Glass in Building (SIGAB), Zurich. The Client may not assert any warranty claims based on deviations in dimensions, contents, thickness, weights and gradations of colour within the bounds of tolerances and measurement tolerances when cutting glass that are standard for this business sector. We shall not assume any warranty for damage which is attributable to inappropriate or improper use, faulty installation, commissioning, alterations or repairs, faulty treatment or ordinary wear and tear.

Guarantee period

We offer a guarantee for the above warranted characteristics for five years as of the invoice date.

Notification of defects

The Client shall be obliged to check and accept the goods immediately after delivery. Detailed objections must be lodged in writing within 10 days, in any case, however, before processing or installation.

Extent of liability

In the case of a justified objection lodged in good time we shall supply a replacement for the defective glazing elements free of charge. We shall pay a proportion of the costs for any possible replacement and/or repair works up to a maximum of CHF 50/m² glass area.

Further claims (such as compensation for damage, reduction of payment, cancellation of the contract or withdrawal) shall be, so far as legally permissible, expressly excluded. On no account shall the Client be entitled to claim compensation for damage which has not occurred on the item delivered, such as loss of profit, production defects or loss of use. The above exclusions of liability shall not apply in cases of wilful intent and gross negligence on our part, but certainly for any wilful intent and gross negligence on the part of our agents.


Miscellaneous

Abnormal stress

Abnormal stress includes glazing, which is exposed to high thermal, static or dynamic strains. Abnormal stresses are to be listed in detail when requesting a quotation as they require special measures in order to maintain the useful life. If the Client fails to provide these details, we expressly exclude any warranty for defects resulting from this.

Reservation of ownership

We are entitled to have the reservation of ownership registered at the collection office concerned. By placing its order, the Client gives its express agreement and undertakes to take all measures and carry out all legal acts which are necessary for the establishment or maintenance of the reservation of ownership. In order to safeguard all claims which we have against the Client, the latter shall assign, in full, all claims against third parties, to which he is entitled in connection with the use of the goods delivered by us, until the full invoice amount has been paid.

Applicable law

Swiss Law shall applicable to all contracts. The application of the UN Convention on Contracts for the International Sale of Goods of 11.4.1980 is expressly excluded.

Applicable standards and directives

The following standards and directives, compliance with which is compulsory, shall form an integral part of the above Terms and Conditions and our delivery contracts:

  • SN EN standards
  • SIGAB glass standards and directives
  • Tolerance Manual (Glas Trösch 2011) These are available and may be inspected at www.glastroesch.ch

Place of performance and legal venue

The place of performance for deliveries and payments shall be our company's registered office. The exclusive legal venue for all legal disputes between the parties shall be our company’s registered office. However, we shall be entitled to bring legal action against the Client at its registered office.

Bützberg, August 2012