General Terms and Conditions (GTCs)
General Conditions of Sale and Delivery
The responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
9014 St. Gallen
Phone: +41 71 544 66 86
1.1 These General Terms and Conditions of Contract and Delivery (GTCD) shall apply to all our sales, deliveries and any follow-up business. Any conflicting terms and conditions of the customer shall not be binding for us, even if they have been used as a basis for the order.
1.2 Changes and additions to the contract and our AVL are only valid if they are confirmed by us in writing. In the event of demonstrable additional work or additional expenditure, an adjustment of the agreed contract sum determined by us may result.
1.3 Customs clearance costs and any additional taxes and fees levied at the customer's domicile shall be borne by the customer. The customer shall be responsible for obtaining any building permit that may be required.
1.4 Plans, sketches, as well as construction cleaning and disposal are not the subject of our offer/contract, unless this is expressly agreed.
2. Conclusion of contract
2.1 We reserve the right to make improvements or technical changes to the design or execution of our deliveries.
2.2 The contract shall only be deemed concluded if we have confirmed acceptance of an order in writing. If the customer cancels an order, we shall charge a cancellation fee in the amount of 25% of the agreed price. We reserve the right to claim further damages.
3. Delivery times
3.1 If the delivery period is specified as a period (and not as a date), it shall commence on the date of the advance payment received. Any delivery period shall be reasonably extended if we do not receive information or documents in due time, if these are subsequently changed by the customer with our consent or if a down payment is received late.
3.2 If the failure to meet a delivery deadline is not due to our exclusive and gross negligence, the customer shall not be entitled to withdraw from the contract, to waive the delivery or to claim damages.
3.3 If an assembly cannot take place without the fault of Heliobus AG and the product remains in stock at Heliobus AG for more than 1 month, Heliobus AG shall be entitled to claim 100% advance payment and storage costs.
3.4 In the event of operational disruptions, unforeseeable difficulties in the procurement of materials, strikes, war, failure of the energy supply, traffic blockages and other cases of force majeure, we shall be entitled to set new delivery deadlines and prices or to withdraw from the contract.
4.1 Representatives and fitters are not authorised to collect payments.
4.2 Payment conditions as a rule: 50% upon conclusion of the contract, within 10 days, balance upon completion of the installation work, within 20 days. Special arrangements, see offer.
4.3 After expiry of the payment deadline, interest on arrears shall be owed at 1% per commenced month above the payment deadline without further reminders. The reminder fee is CHF 80 (€ 80).
4.4 Withholding or reduction of payments due to complaints is only permitted with our consent. The offsetting of any kind of counterclaims is excluded.
5. Taking measurements
5.1 Calculation basis: One-time dimensional survey; free access to the object, all relevant components (see checklist) are existing or ready-made. If the customer takes the measurements, he also assumes responsibility for the correctness of the dimensions. Subsequent structural changes are to be remeasured.
6. Conditions of assembly
6.1 Basis for calculation: assembly in one stage, access road and free, level access to the place of work (inside and outside the building). Electricity connection, possible scaffolding, platforms, crane etc. are to be provided according to our specifications at the customer's expense. Construction cleaning is not included.
6.2 Prior to the agreed commencement of the installation work, the Customer shall, at its own expense, make all preparations and take all measures in good time (in the case of new buildings, see checklist) which are necessary for the orderly progress of the work, the trouble-free performance and the uninhibited completion.
6.3 Immediately after completion of the installation work, the customer shall inspect the work in the presence of our fitter and confirm proper acceptance. Any complaints must be made immediately in writing. If no acceptance takes place, the work shall be deemed accepted. Subsequent complaints will not be accepted.
6.4 We shall be liable for damage caused by our fitters to buildings or other structures within the scope of our business liability insurance (personal injury and property damage CHF 10 million, construction damage CHF 0.5 million). Consequential damages are excluded from liability.
7.1 Hidden defects must be reported in writing immediately after their discovery. If this is not done, any liability is excluded. Glass breakage is excluded from the warranty.
7.2 The warranty period is two years from the date of assembly of the work. Defects occurring during this period must be reported immediately in writing, otherwise any warranty is excluded. An extension of the warranty period due to rectification of defects does not occur.
7.3 Our warranty is limited to the replacement of defective parts. Any further liability for damages, in particular due to consequential damage caused by defects, is excluded. Also excluded is the reimbursement of costs for the rectification of defects undertaken by the customer himself or by third parties. The customer shall not be entitled to price reductions or rescission.
7.4 We do not assume any warranty for technically related damage to adjacent components that occurs during the assembly and / or disassembly of existing equipment.
7.5 Excluded from the warranty are defects which are due in particular to improper drainage of the construction, detailed construction not conforming to standards, natural wear and tear, inadequate maintenance (see maintenance recommendations), disregard of operating instructions, excessive stress, improper intervention by third parties, etc.. Also excluded are defects which are due to the fact that instructions issued by us after receipt of the notice of defect were not followed.
7.6 Excluded from the warranty are defects and consequential damages for which there is an exclusion of liability on the part of the supplier or third party contractor.
8. Additional conditions
8.1 In the event of assembly by the customer or delivery without assembly, the risk shall pass to the customer when the goods leave our works, irrespective of who arranges the transport and pays the freight costs. Our prices are net ex works.
9. Place of Performance, Place of Jurisdiction, Law
9.1 Insofar as these GCS do not contain any provisions, the provisions of the SIA Standards in the currently valid version and, in addition, those of the Swiss Code of Obligations shall apply.
9.2 The place of jurisdiction is St.Gallen. However, we shall also be entitled to bring an action before the competent court at the customer's place of business.
Heliobus AG, St. Gallen October 6, 2022