General terms and conditions of business
These GTC apply to the business relationship between customers and ABUSIZZ AG, 3920 Zermatt, hereinafter referred to as Az.
Order, offer, scope of delivery and services
2.1. Customer orders become binding when Az confirms the order in writing. Az offers become legally binding when the customer confirms them, provided that the confirmation is made within the period of validity of the offer. The content of the order or the offer is decisive for the scope of the deliveries and services.
2.2. Order changes after conclusion of the contract require the approval of Az. Change requests can be considered if these are possible for Az and/or the manufacturer in terms of production planning. The costs of changing the order are borne by the customer.
2.3. Az is entitled to make changes to the design that differ from the content of the order confirmation, provided these include improvements. Services that go beyond the order confirmation will be invoiced separately by Az.
Delivery times, delivery costs, delivery, assembly, service
3.1. Delivery times are clarified as precisely as possible. Nevertheless, they are non-binding and exceeding them does not lead to any consequences of default. Delays, in particular due to order changes, do not entitle the customer to cancel the contract or to assert claims for damages or other claims.
3.2. The customer is obliged to accept the entire order no later than 14 days after the agreed and confirmed delivery date. In the event of default of acceptance, Az is entitled to charge for the additional costs incurred as a result (storage and logistics costs, interest on arrears, etc.). Partial refusal to accept the order or return is excluded.
3.3. According to Art. 214 Para. 3 OR, Az expressly reserves the right, in the event of default by the customer, in particular in the event of non-payment of the purchase price, to reclaim the item handed over and to retrieve it at the customer's expense.
Receipt of the order, transfer of benefit and risk
4.1. The transfer of benefit and risk to the customer takes place at the time of leaving the warehouse at Az, or after completion of the installation, if this is carried out by Az. Complaints regarding the order must be made in writing to Az immediately after receipt, but no later than three working days after delivery. This also applies in the case of partial deliveries.
4.2. The customer must report transport or assembly damage immediately to the assembly and/or transport staff and arrange for a damage report to be made. This must be mutually signed.
Payments and Terms of Payment
5.1. Payments are made in Swiss francs (CHF) plus statutory VAT.
5.2. For new customers and online orders, the goods are only delivered against prepayment.
5.3. In other cases, the purchase price is due upon delivery of the order. If payment is not made within the agreed period, the customer is in default without further reminders.
5.4. The following terms of payment apply to an order total of CHF 50,000 or more:
1/3 deposit when placing the order within 10 days net
1/3 down payment if ready for delivery within 10 days, net
1/3 final payment net after delivery within 10 days
5.5. The default interest is 5% per year. A further damage caused by delay is reserved.
Retention of title
The delivered products remain the property of Az until full payment has been made. Az reserves the right to have the retention of title entered in the retention of title register. It is also entitled to notify the customer's landlord of the retention of title in a suitable form.
7.1. Unless otherwise agreed in writing, Az provides a guarantee for the products it supplies, replacing the statutory warranty regulations. The warranty provisions of the sub-suppliers are decisive. This does not apply to damage caused by improper use, misuse, incorrect treatment, etc.
7.2. Excluded from the guarantee are: glass breakage, structural and minor deviations in color compared to the material and color sample in the case of the natural products wood and leather, as well as scars and creases in the leather.
7.3. Defects must be reported in writing and with reasons within 5 working days.
7.4 Defects that are subject to the guarantee and reported in good time give the customer the right to demand repairs or replacement of the defective part, but not cancellation of the contract. Az.
Az is only liable for direct damage caused by gross negligence or willful misconduct. Any further liability is excluded. Az accepts no liability whatsoever for lost profits and/or direct or indirect damage that the customer or a third party may incur.
Liability is completely eliminated in the following cases in particular: third-party intervention, unsuitable or improper use, misappropriation, incorrect assembly (unless the assembly was carried out by Az), natural wear and tear, incorrect or negligent handling.
Data protection / use of personal data
The customer agrees that Az and the auxiliary persons engaged by it can process the personal data received for the justification (e.g. for address verification and credit check) and administration of the contractual relationship as well as for the implementation and processing of the transactions initiated via the websites (including names as well as postal and E-mail address).
Customer data is processed in accordance with the principles of Swiss data protection law.
In the event of a legal dispute, Az reserves the right to use electronic data that it has received as part of the mediation and the conclusion of the contract.
Inquiries about data protection can be sent to email@example.com.
Assignment and offsetting ban
The assignment of rights from the contracts concluded with Az requires the written consent of Az. The repayment of Az claims by the customer by means of offsetting is excluded.
place of jurisdiction
Place of jurisdiction is Visp (VS). Swiss law applies.
Provisions deviating from these General Terms and Conditions only apply if they have been agreed in writing. Any general terms and conditions of the customer only apply if they have been confirmed in writing by Az.
Adjustment of the terms and conditions
Az is entitled to amend these GTC at any time. The current terms and conditions are always on the website www.abusizz.ch apparent.
Valid from January 1, 2020