1. General Scope.
The following general terms of sale, delivery and payment conditions are an integral part of each contract concluded between our company and a customer. They are available at the counter of our sales outlets, on our website as well as in various catalogues and brochures. Consequently, they are assumed to be known and unreservedly accepted as valid on the occasion of opening an account, placing a purchase order, concluding a contract or on taking possession of the goods. They take precedence over all other general conditions; subsidiary agreements, assurances or product-specific conditions remain reserved and must, in all cases, be approved in writing by two authorised employees of the company. The company reserves the right to change these General Terms & Conditions at any time.
All offers announced on web sites, in catalogues and brochures or at exhibitions etc are non-binding and without obligation. The company is only bound to offers that have been addressed to our customers personally. Our offers have a period of validity of maximum three months. The product range can be changed at any time and without giving special notice. The company is not obliged to hold all items listed on web sites, in catalogues and brochures or displayed at exhibitions in stock.
The company reserves the right to amend the prices quoted at any time and without giving special notice. The prices are to be understood as, unless otherwise stated, ‘collected from the warehouse of the company’.
4.Transportation, packaging materials and other costs
All costs for transportation, installation, packaging, pallets, unloading, cranes and special equipments, etc., are not included in our prices and will be charged as per the respective tariff on invoicing. These costs may be increased, in particular due to fuel price fluctuations and adjustments of the LSVA (Heavy Vehicle Charge). Surcharges for transportations into the mountains will be raised. Invoiced, in good condition and carriage-paid returned pallets will be credited after deduction of a usage fee. Only the number of invoiced pallets may be returned. The returned pallets exceeding the number of invoiced pallets will not be credited. For pallet pick-up taskings without a concomitant delivery of goods, a proportion of the transport costs will be charged. A direct exchange of pallets without invoicing, respectively, a credit note, is prohibited.
5.1. Delivery deadlines. The company makes every effort to comply with delivery deadlines. However, these are only approximate and do not commit the company in any way. Non-compliance with a delivery deadline does not give the customer any rights to withdraw from the contract and/or to obtain compensation from the company. In particular, force majeure, strikes, cessation of trading, production restrictions, damage to production facilities, delays in delivery or non-delivery by suppliers, operational or traffic disruptions or similar unforeseen and beyond our control events absolve the company from fulfilling concluded contracts within the agreed delivery period, or even their fulfillment in cases of impossibility of delivery. The agreed delivery deadlines are valid as of conclusion of the contract, but at the earliest after receipt of all required specifications from the customer. Should delivery on call be agreed, the customer is required to call for the goods within the agreed time/deadline; insofar as a specific time/deadline is not set, this amounts to no more than six months after conclusion of the contract. Upon the expiration of this period, the company is entitled to demand immediate fulfillment of the contract. Should price increases be effected by the suppliers to the company prior to calling for the delivery or partial delivery, these increases will be charged on the not yet called for deliveries or partial deliveries.
5.2. Transport and Unloading. Our goods are delivered by the company itself, or by a haulage contractor tasked by us, to the address detailed on the offer, order confirmation or indicated by the customer, whereby the unloading location for our vehicles must be easily accessible. During unloading, the goods are placed on the ground next to the vehicle. The customer is to provide the necessary assistance during unloading of the goods. The company charges for all waiting periods at the valid tariff. Insofar as the delivery was notified, however, the customer or a person authorized by him is not present at the delivery location, the goods are to be considered as correctly transferred with the unloading. Any transport damage is to be notified in writing by the customer to the delivering sales office of the company and the haulage contractor within 48 hours after receipt of the goods.
6. Benefit and Risk Transfer
Benefit and Risk are transferred to the customer with hand over of the goods from the point of sale or storage of the company, even when the delivery takes place carriage-paid or under a similar clause. The exceptions to this are solely deliveries which are carried out by the company, or by a haulier on behalf of the company, in which case the benefits and risks are transferred to the customer on unloading.
7. Warranty due to defects of the goods
7.1. Minor variations, caused by standard commercial faults or production-technicalities, in the masses, the surface texture, of weight and colour and, in general, all differences not deviating from the valid standards are not considered as defects provided that the goods supplied are fit for their intended use. There are also no defects in the following cases/events: disregard of accepted rules of the construction industry; improper handling, usage, implementation or storage; violations against technical instructions or installation and maintenance services; violations against the construction or other regulations of our suppliers or manufacturers; natural wear and tear or excessive loading.
7.2. Notification of defects. The customer or the driver tasked by him is required to check the condition of the goods immediately upon receipt. Defect complaints regarding the goods as well as complaints in regard to incomplete or incorrect delivery will only be considered by the company if they are made within seven working days at the latest after receipt of goods, effected by the presentation in writing of the delivery documents or the invoice to the delivering sales office. Defects that are/were not recognisable upon immediate examination must be reported immediately after their discovery. Should the customer fail to do this, the goods shall be deemed as approved. The defect must be precisely described. Faulty goods may under no circumstances be incorporated, resp., continue to be used; otherwise, they shall be deemed as approved. The company will pass the defect complaint on to the supplier or manufacturer concerned.
7.3. Limitation. The guarantee period is for one year from the date of delivery.
7.4. Warranty services. In cases of justified defect complaints and warranty claims the company may, at its discretion, choose to replace or repair the defective goods at their own expense, or to grant a price reduction, or to cancel the purchase. For repaired or replaced goods the trade grants a warranty equal to that for the original service. Replaced or redeemed parts shall become the property of the company. In special cases the company can assume the fitting and removal costs as well as the transport and service charges, in full or in part, insofar as these are proportionate to the value of the defective goods. Further claims, especially for damages which did not occur in any kind of way to the goods themselves (direct and indirect damages) are excluded. Reserved are the warranty services that the supplier or manufacturer vouches directly to the customer. Defect complaints and warranty claims do not exempt the customer from the obligation of payment by the due date. The warranty obligation of the company is in general deemed as extinguished if, and insofar as, it assumes the function of a billing and paying agent.
8. Exchange and redeemed goods
The exchange and redemption of goods is only possible in agreement with the company. Customised products and goods which the company does not carry in its stock, or are delivered directly from the factory, will not be accepted for return. In all cases, the transport and packaging costs are to be borne by the customer. Expired goods and opened packaging will be neither exchanged nor redeemed. Returned goods are accepted only in a faultless condition; they will be credited with a deduction of at least 20% on the invoice price. For all returns a return slip will be produced by the company.
9. Conditions of payment
The conditions of payment are to be agreed before the
commencement of the first business relationship. The KUBATEC BMT AG reserves the right to modify the conditions of payment at any time.
10. Retention of Title
The company and the customer hereby expressly agree a retention of title, valid on all purchase agreements concluded between the parties. The customer is thus not the owner of the sold goods at the assumption of ownership, instead, first with payment of the agreed total purchase price. The company is therefore unilaterally authorised to apply for the registration of this retention of title in the public register of the debt collection office at their own expense.
11. Place of performance, Venue, Applicable Law
The place of performance is the domicile of the company. For all disputes, which could arise from the contract or these general Terms and Conditions, the domicile of the company is the exclusive Venue. The contract and these Terms and Conditions are subject to Liechtenstein law. Should individual provisions of these General Terms and Conditions become invalid, the validity of the remaining provisions will remain unaffected.