General Terms and Conditions of Contract of Lista Office Vertriebs AG and LOG Produktions AG (both abbreviated as "LO")
These General Terms and Conditions (abbreviated GTC) apply to all deliveries and other services of LO. Deviations in individual cases require an express written agreement.
2. documents and drawings
All documents, drawings and plans provided to the customer in the run-up to the conclusion of the contract or within the framework of the performance of the contract remain the intellectual property of LO and may not be reproduced, otherwise exploited or made accessible to third parties without LO's express consent.
3. conclusion of contract
LO's offers are subject to change without notice. The contract is concluded with LO's written order confirmation. The order confirmation is created by machine and does not require a signature to be effective.
The delivery will be made "ex works" from the LO factory which is listed in the order confirmation. The delivery period begins as soon as the contract has been concluded and all technical issues have been resolved. It is met if the delivery item has left LO's works by the time it expires or, in the case of collection by the customer, readiness for dispatch has been notified.
The delivery period shall be extended accordingly:
- If the customer does not deliver the information necessary for the fulfilment of the contract on time or subsequently requests changes to the order;
- If obstacles arise which LO cannot avert despite the application of due care, regardless of whether they arise at LO or at a third party. Such obstacles can be: Natural disasters, major breakdowns, accidents, late or faulty delivery of semi-finished and finished products, etc.,
Any assembly does not include the installation of the cabling.
LO is entitled to make partial deliveries.
If the customer prevents, postpones or rejects a delivery, he is liable for the additional resulting costs. If LO is in default of delivery and the customer suffers damage as a result, the customer is entitled to demand a lump sum compensation if LO is at fault for the default. It amounts to 0.5% of the delivery value for each completed week of delay, but not more than 5% of that part of the total delivery which cannot be used on time or in accordance with the contract due to the delay. The assertion of damages caused by delay is excluded.
5. prices and terms of payment
All prices of LO are for deliveries in Switzerland and the Principality of Liechtenstein in CHF, exclusive of VAT and "ex works" from the LO factory listed in the order confirmation.
Not included in the prices are the costs for:
- Office space planning on behalf of the customer
- Transport to the place of destination
The purchase price is due for payment within 30 days of invoicing. Upon expiry of this period, the customer is automatically in default.
The customer can only set off counterclaims against the LO against open invoices of the LO if the LO has acknowledged the counterclaims in writing. LO can make future deliveries dependent on the complete payment of open claims of the customer to LO.
6. retention of title
LO retains ownership of all delivered items until full payment of the entire purchase price. It is entitled to have the retention of title entered in the appropriate register, if necessary, without the cooperation of the customer.
7. material warranty (guarantee)
LO warrants that the delivery items are free from defects in material and workmanship. LO also warrants the existence of properties warranted in writing. Only the warranted properties listed in the order confirmation shall be deemed to be such.
This warranty does not cover defects of the delivery items resulting from faulty assembly or commissioning by the customer or third parties commissioned by him, defective construction work, improper handling or use, improper maintenance and natural wear and tear.
The warranty period shall commence upon delivery. Its duration corresponds to the period of two years stipulated in the Swiss Code of Obligations (OR). Longer warranties from our suppliers will be passed on to our customers.
It is the customer's responsibility to check the delivery items immediately after receipt for conformity with the order confirmation as well as for externally recognizable defects and to notify LO of any defects immediately.
If the notice of defects is given in due time by the customer within the warranty period, LO undertakes to remedy the defects free of charge within a reasonable period specified by LO, either, at LO's option, by rectification of the defect or by repair of the goods.
8. applicable law and place of jurisdiction
Contracts between LO and the customer shall be governed exclusively by Swiss substantive law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
For disputes arising from contracts to which these GTC apply, the ordinary courts at the registered office of LO in Degersheim/SG shall have exclusive jurisdiction. However, LO is entitled to sue the customer at his place of business or residence.
Degersheim, 31 October 2018