bürgi.com AG
Waldeckstrasse 100
CH-4127 Birsfelden
1. validity and contractual basis
These terms and conditions of sale and delivery apply to all deliveries, services and maintenance contracts of bürgi.com AG and form an integral part of the respective contractual relationship. Deviating conditions of the customer are only valid if they have been recognized by us in writing. Subsidiary agreements must be made in writing.
2 Quotations and conclusion of contract
Our quotations are non-binding and are valid for a period of 90 days from the date of issue. We expressly reserve the right to make technical changes, in particular with regard to design and material. A contract shall only come into effect with our written order confirmation or with the actual execution of the delivery. The respective order confirmation is exclusively authoritative for the scope and content of the delivery. Details in catalogs, price lists or other documentation are for information purposes only and are non-binding.
3. prices
All prices are quoted in Swiss francs (CHF), exclusive of VAT, plus packaging, transportation and any ancillary costs. Our prices are based on the costs applicable at the time the offer is made. We expressly reserve the right to change prices, in particular in the event of cost increases by our suppliers, changes in material or labor costs, changes in exchange rates or legal adjustments (e.g. VAT). In such cases, we shall inform the customer of the price change prior to execution of the delivery.
4. payment
Payments are to be made within ten days of the invoice date, strictly net and without deductions. We reserve the right to demand the following payments on account at the start of the project:
30 % on order,
30 % on delivery,
30 % on commissioning,
10 % on final invoice.
In the event of late payment, we are entitled to withhold further deliveries or services or to withdraw from the contract. From the second reminder, a flat-rate reminder fee
of CHF 20 per reminder will be charged.
5. delivery and transfer of risk
Delivery is made at the expense and risk of the buyer. The transfer of risk takes place when the goods are handed over to the transport company, even in the case of carriage paid deliveries. The customer is obliged to check the delivery for completeness and damage immediately upon receipt and to report any defects or transport damage to the transport company and to us immediately.
6. retention of title
The delivered goods remain the property of bürgi.com AG until full payment has been made. We reserve the right to have the retention of title entered in the retention of title register at the customer’s place of residence or business.
7. guarantee
We guarantee that maintenance work will be carried out professionally by qualified specialist personnel. The agreed maintenance intervals are duly observed. To the extent permitted by law, no guarantee is given for materials supplied. If a guarantee is granted in writing in individual cases, it is limited to a maximum of one year from the date of delivery. The warranty shall lapse in the event of improper use, maintenance, repair or other interventions by the customer or third parties that were not carried out by bürgi.com itself. Maintenance must be carried out exclusively by bürgi.com, otherwise there is no entitlement to warranty services.
8. notification of defects and warranty
The customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects in writing within five working days. If no notice of defects is given in due time, the delivery shall be deemed to have been approved. In the event of justified defects reported in good time, we shall, at our discretion, either rectify the defect or deliver a replacement. Further claims, in particular claims for damages, are excluded to the extent permitted by law.
9. returns
Returns are only permitted with our prior written consent. Faultless stock items will be credited with a maximum of 75% of the invoiced value. Custom-made products, lock cylinders, keys and non-stock items cannot be returned or credited. Returns are always at the customer’s expense and risk.
10 Confidentiality
The Contractor undertakes to treat all information, processes and facilities that become known to it in the course of its maintenance activities at the Customer’s premises as strictly confidential and to maintain confidentiality. This obligation shall also apply beyond the duration of the contractual relationship.
11. liability
The contractor is liable for the proper execution of the agreed work. Further liability claims, in particular for indirect or consequential damages, are excluded to the extent permitted by law. This applies in particular to false alarms, costs resulting from police, fire department or security service operations, loss of profit and additional expenses incurred by the customer.
12. storage of documents
Data, programming information and other installation-relevant documents are archived by bürgi.com AG in Birsfelden. They are stored for a maximum of five years after termination of the maintenance contract, provided that no statutory retention periods require longer storage.
13. planning and service work
Planning, project planning and coordination services that go beyond purely conceptual processing shall be invoiced at actual cost in accordance with our applicable hourly rates. The invoiced time includes both the working time on site and the travel time to and from the site. In addition, CHF 1.30 per kilometer driven will be charged
.
14. place of jurisdiction and final provisions
The place of performance for the services is the maintenance location defined in the contract. The registered office of bürgi.com AG in Birsfelden shall be the exclusive place of jurisdiction for all payments.
Swiss law shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should any provision of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
