{"id":526,"date":"2023-05-15T14:44:58","date_gmt":"2023-05-15T12:44:58","guid":{"rendered":"https:\/\/rtt-datahub.com\/agb"},"modified":"2024-04-05T09:47:17","modified_gmt":"2024-04-05T07:47:17","slug":"agb","status":"publish","type":"page","link":"https:\/\/rematiptop.ch\/en\/agb","title":{"rendered":"Conditions"},"content":{"rendered":"
\n

Conditions of sale and delivery REMA TIP TOP Schweiz AG<\/h3>\n

 <\/strong><\/p>\n

1.General<\/strong><\/h2>\n

1.1<\/strong>All deliveries – including future deliveries – to the customer shall be made exclusively under<\/p>\n

.<\/p>\n

these terms and conditions of sale and delivery. Other conditions of the customer are only<\/p>\n

valid if we have expressly approved them in writing. Even if we conclude contracts in<\/p>\n

knowledge of conflicting or deviating conditions, we agree<\/p>\n

not agree to them and our terms and conditions of sale and delivery shall apply exclusively.<\/p>\n

.<\/p>\n

 <\/p>\n

1.2<\/strong> All agreements and legally relevant declarations of the contracting parties are only<\/p>\n

.<\/p>\n

valid if made in writing.<\/p>\n

 <\/p>\n

1.3<\/strong> The contract shall be deemed concluded only after we have confirmed<\/p>\n

in writing to the customer.<\/p>\n

have confirmed in writing to place the order on the terms and conditions discussed with our sales representatives or<\/p>\n

.<\/p>\n

webshop or when the order is tacitly executed to<\/p>\n

these terms and conditions are executed.<\/p>\n

 <\/p>\n

2. Scope of delivery, regulations and technical documentation<\/strong> <\/h2>\n

2.1<\/strong> Our order confirmation<\/p>\n

shall be decisive for the scope and execution of deliveries and services.<\/p>\n

decisive. Material or services not included therein shall be<\/p>\n

.<\/p>\n

in addition calculated.<\/p>\n

 <\/p>\n

2.2<\/strong> Partial deliveries are permitted and will be invoiced separately. If products were ordered on<\/p>\n

on call, we are, unless otherwise expressly agreed in writing,<\/p>\n

entitled to deliver the products to the customer<\/p>\n

three months after the agreed date of readiness.<\/p>\n

without any further queries and to invoice them.<\/p>\n

.<\/p>\n

 <\/p>\n

2.3<\/strong> Unless otherwise agreed, delivery of the products shall be made in accordance with the<\/p>\n

authoritative sales documents\/specifications. Minor deviations and<\/p>\n

modifications remain reserved and do not entitle the customer to<\/p>\n

claim defects.<\/p>\n

claim.<\/p>\n

 <\/p>\n

2.4<\/strong> Our products are manufactured, tested and<\/p>\n

according to our technical specifications.<\/p>\n

documented. If additional documentation is to be supplied, this must be specifically agreed.<\/p>\n

.<\/p>\n

 <\/p>\n

2.5<\/strong> The buyer has to inform us in writing at the latest with the order about further legal,<\/p>\n

official and other regulations and standards that affect the<\/p>\n

performance of the deliveries and services, the operation and the health and<\/p>\n

accident prevention. In any event, we shall be obligated to comply with other regulations and<\/p>\n

standards only if<\/p>\n

we are required to do so.<\/p>\n

standards if we have confirmed this to the customer in writing.<\/p>\n

.<\/p>\n

 <\/p>\n

2.6<\/strong> Brochures and catalogs are, unless expressly agreed otherwise,<\/p>\n

.<\/p>\n

not binding. Details in technical documents are only binding insofar as they have been<\/p>\n

assured in writing<\/p>\n

.<\/p>\n

assured.<\/p>\n

 <\/p>\n

3. Prices<\/strong><\/h2>\n

.<\/p>\n

3.1<\/strong> The prices are to be taken from our price lists. Unless otherwise<\/p>\n

in the price lists.<\/p>\n

is regulated, the prices for commercial customers are net, ex works Urdorf, without<\/p>\n

.<\/p>\n

packing, transport, insurance, value added tax, other taxes and duties (e.g.<\/p>\n

duties), without assembly, installation and commissioning, etc.<\/p>\n

 <\/p>\n

3.2<\/strong> The prices are subject to change. In the case of obvious errors, such as calculation errors, we are<\/p>\n

.<\/p>\n

entitled to cancel or amend an offer or order confirmation.<\/p>\n

.<\/p>\n

 <\/p>\n

3.3<\/strong> We shall be entitled to charge the customer for any increases in<\/p>\n

costs occurring after the conclusion of the contract.<\/p>\n

costs if the customer takes delivery of the products later than agreed.<\/p>\n

 <\/p>\n

4. Terms of payment<\/strong><\/h2>\n

.<\/p>\n

4.1<\/strong> Unless otherwise agreed between the contracting parties or in the respective valid price lists<\/p>\n

.<\/p>\n

otherwise agreed, our invoices are payable within 30 days at our domicile<\/p>\n

.<\/p>\n

without deduction of discounts, expenses, taxes, levies, fees, duties, etc.<\/p>\n

.<\/p>\n

 <\/p>\n

4.2<\/strong> After expiry of the payment period, the statutory default interest<\/p>\n

shall be due without further reminder.<\/p>\n

is owed.<\/p>\n

 <\/p>\n

5. Retention of title<\/strong><\/h2>\n

.<\/p>\n

5.1<\/strong> The delivered products shall not become the property of the customer until the customer has paid the price of<\/p>\n

.<\/p>\n

relevant products has paid. The customer is obliged to take the measures necessary for the protection of our<\/p>\n

property.<\/p>\n

 <\/p>\n

6. Delivery period<\/strong><\/h2>\n

.<\/p>\n

6.1<\/strong> The delivery period begins with our written order confirmation and after the<\/p>\n

technical matters have been fully settled.<\/p>\n

 <\/p>\n

6.2<\/strong> The delivery period shall be reasonably extended:<\/p>\n

– if the information we need to execute the order is not provided to us in time<\/p>\n

.<\/p>\n

to be received or if the customer subsequently changes them;<\/p>\n

– if payment deadlines are not met, letters of credit are opened too late or required<\/p>\n

import licenses do not reach us in time;<\/p>\n

– if obstacles arise which we are unable to avert despite exercising due care<\/p>\n

.<\/p>\n

can be averted, irrespective of whether they arise at our premises, at the customer’s premises or at the premises of a third party.<\/p>\n

 <\/p>\n

6.3<\/strong> The delivery dates stated in the quotations and order confirmations are so<\/p>\n

.<\/p>\n

determined so that they can be met if the manufacturing process runs according to plan. A<\/p>\n

delay in delivery for the reasons stated in Clause 6.2 shall neither<\/p>\n

the right to withdraw from the contract nor to claim damages.<\/p>\n

.<\/p>\n

 <\/p>\n

6.4<\/strong> Should a delivery be delayed and we have not been able to provide the customer with<\/p>\n

in the short term.<\/p>\n

a replacement delivery to help out, the customer has a right to compensation for him<\/p>\n

proven direct damage caused by the delay up to a maximum<\/p>\n

.<\/p>\n

5% of the price of the delivery.<\/p>\n

 <\/p>\n

7. delivery, transport and insurance<\/strong><\/h2>\n

.<\/p>\n

7.1<\/strong> Our products are packed for transport within Switzerland. Special<\/p>\n

Wishes of the customer for transport and insurance are us in time, no later than 30 days<\/p>\n

.<\/p>\n

before shipment, to give notice.<\/p>\n

.<\/p>\n

 <\/p>\n

7.2<\/strong> The transport is at the expense and risk of the customer. Complaints in connection<\/p>\n

with the transport shall be made immediately in writing to the last carrier<\/p>\n

.<\/p>\n

as soon as the customer has received the delivery or the shipping documents.<\/p>\n

 <\/p>\n

7.3.<\/strong> Insurance against damage of any kind is the responsibility of the buyer. Close<\/p>\n

we order of the customer insurance, it is for his account.<\/p>\n

.<\/p>\n

 <\/p>\n

8. Transfer of benefit and risk<\/strong><\/h2>\n

.<\/p>\n

If the products are ready for shipment, the benefit and risk shall pass to the customer.<\/p>\n

.<\/p>\n

 <\/p>\n

9. Inspection and acceptance of the products, notice of defects<\/strong><\/h2>\n

.<\/p>\n

9.1<\/strong> The customer shall inspect the products immediately upon receipt and notify us of any defects<\/p>\n

.<\/p>\n

immediately, but no later than within 5 days, to report in writing. If he<\/p>\n

does so, the products and services shall be deemed to have been approved.<\/p>\n

.<\/p>\n

 <\/p>\n

9.2<\/strong> Later occurring (hidden) defects shall be reported to us in writing immediately after they<\/p>\n

.<\/p>\n

have been detected, at the latest within 3 days. In doing so, the defect and the<\/p>\n

circumstances that have led to a defect, specify exactly.<\/p>\n

.<\/p>\n

 <\/p>\n

10. Claims for defects, warranty<\/strong><\/h2>\n

.<\/p>\n

For defects we perform to the exclusion of further claims, but to the extent of no more than<\/p>\n

.<\/p>\n

to the claims to which we are entitled against our suppliers, as follows:<\/p>\n

 <\/p>\n

10.1<\/strong> All parts afflicted with a defect which can be proven to have developed as a result of a defect occurring prior to<\/p>\n

transfer of benefit and risk to the customer as defective<\/p>\n

.<\/p>\n

shall, at our discretion, be repaired free of charge or replaced free of defects<\/p>\n

.<\/p>\n

replaced. The replaced parts shall be returned to us and shall become our property<\/p>\n

.<\/p>\n

 <\/p>\n

10.2<\/strong> The customer shall give us the necessary time and opportunity to carry out the repairs according<\/p>\n

at our discretion, necessary rectifications or replacement deliveries,<\/p>\n

.<\/p>\n

 <\/p>\n

10.3<\/strong> Of the direct<\/p>\n

arising from the rectification or replacement delivery.<\/p>\n

We bear costs, provided that the M.ngelge is justified. The costs for removal and installation and<\/p>\n

the transport and travel costs shall be borne by the customer.<\/p>\n

.<\/p>\n

 <\/p>\n

10.4<\/strong> The customer is within the scope of the statutory provisions to withdraw from the contract<\/p>\n

.<\/p>\n

entitled to withdraw from the contract, provided that we have not met a reasonable deadline set for us for the rectification of defects or<\/p>\n

.<\/p>\n

replacement delivery due to a material defect despite a written reminder with a reasonable<\/p>\n

After the deadline due to fault on our part to expire fruitlessly. If there is only one<\/p>\n

insignificant defect, the customer is only entitled to reduce the purchase price.<\/p>\n

.<\/p>\n

 <\/p>\n

10.5<\/strong> We assume no warranty in the following cases: Unsuitable or improper<\/p>\n

use, assembly or commissioning by the customer or third parties;<\/p>\n

natural wear and tear; faulty or negligent handling; improper<\/p>\n

maintenance;, modifications and repairs by the customer or third parties; unsuitable<\/p>\n

operating equipment (chemical, electrochemical or electrical).<\/p>\n

 <\/p>\n

11. Consequential damage caused by defects, liability<\/strong><\/h2>\n

.<\/p>\n

11.1<\/strong> We shall only be liable for damage that has not occurred to the product itself if the<\/p>\n

customer proves that the damage was caused by us due to gross negligence or intent<\/p>\n

.<\/p>\n

was caused. We shall not be liable for any misconduct of vicarious agents.<\/p>\n <\/p>\n

11.2<\/strong> Claims of the customer for compensation of indirect damages such as namely<\/p>\n

.<\/p>\n

loss of production, increased operating costs, loss of use, loss of orders,<\/p>\n

loss of profit and of other indirect damages are expressly<\/p>\n

.<\/p>\n

excluded.<\/p>\n

 <\/p>\n

11.3<\/strong> Our liability is limited in total to the value of the contract.<\/p>\n

 <\/p>\n

12. Software use<\/strong> <\/h2>\n

If software is included in the scope of delivery, the customer is granted a non-exclusive<\/p>\n

.<\/p>\n

right to<\/p>\n

use the software version supplied and the accompanying documentation.<\/p>\n

use. The software is provided for exclusive use on the<\/p>\n

product intended for this purpose.<\/p>\n

product intended for this purpose. Duplication of the delivered software version is not permitted.<\/p>\n

All rights are reserved.<\/p>\n

All rights to the software and the documentation shall remain with us.<\/p>\n

 <\/p>\n

13. Installation and Commissioning<\/strong><\/h2>\n

.<\/p>\n

13.1<\/strong> If we take over the assembly and commissioning, this will be charged separately.<\/p>\n

.<\/p>\n

13.2<\/strong> If the assembly is carried out by us, the customer shall ensure that all<\/p>\n

work required on site for this purpose (foundations, supply of electrical connections,<\/p>\n

sufficient lighting and ventilation, etc.) have been completed and unobstructed access<\/p>\n

is ensured and the auxiliary equipment and<\/p>\n

installations required for installation and commissioning<\/p>\n

are in place.<\/p>\n

installations, such as scaffolding, lifting and handling equipment, electrical and plumbing installations,<\/p>\n

switches, contactors, operating equipment – such as hydraulic oils for lifts – etc., at the installation site<\/p>\n

.<\/p>\n

are present.<\/p>\n

 <\/p>\n

13.3<\/strong> If assembly or commissioning is delayed due to circumstances for which we are not<\/p>\n

represent, the delivery period shall be extended and the additional expenditure shall be charged to the customer<\/p>\n

.<\/p>\n

additionally charged.<\/p>\n

 <\/p>\n

14. Amendment of contract<\/strong><\/h2>\n

.<\/p>\n

Amendments or additions to our terms and conditions are only valid if they<\/p>\n

.<\/p>\n

have been agreed in writing.<\/p>\n

 <\/p>\n

15. Place of performance, jurisdiction and applicable law<\/strong><\/h2>\n

.<\/p>\n

The place of performance and jurisdiction is Urdorf\/ZH (Switzerland).<\/p>\n

These terms and conditions of sale and delivery are governed by Swiss law, to the exclusion of<\/p>\n

.<\/p>\n

UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>\n

REMA TIP TOP Schweiz AG, Birmensdorferstrasse 30, CH-8902 Urdorf www.rema-tiptop.ch Issue 3 \/ 15.08.2019<\/p>\n<\/div>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Conditions of sale and delivery REMA TIP TOP Schweiz AG   1.General 1.1All deliveries – including future deliveries – to the customer shall be made exclusively under . these terms and conditions of sale and delivery. Other conditions of the customer are only valid if we have expressly approved them in writing. Even if we […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":100,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false},"_links":{"self":[{"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/pages\/526"}],"collection":[{"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/comments?post=526"}],"version-history":[{"count":2,"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/pages\/526\/revisions"}],"predecessor-version":[{"id":698,"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/pages\/526\/revisions\/698"}],"wp:attachment":[{"href":"https:\/\/rematiptop.ch\/en\/wp-json\/wp\/v2\/media?parent=526"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}