Terms & Conditions - Version 01/2015
SIBIRGroup Ltd renders its deliveries and services in Switzerland on the basis of these Terms & Conditions. The terms and conditions of the customer do not apply, even if the customer makes reference thereto.
Amendments and supplements to these Terms & Conditions require the written form.
SIBIRGroup Ltd accepts orders on a non-binding basis. The contract with the customer is only established upon receipt of the written order confirmation from SIBIRGroup Ltd.
The deliveries and services are listed exhaustively in the order confirmation. A model change between contractual conclusion and delivery remains reserved.
Information in brochures and catalogues is non-binding. Information in technical documents is only binding if it is expressly assured.
The prices defined in the written order confirmation are considered fixed prices. The allocation of delivered appliances to floors and apartments is the responsibility of the customer. Surcharges for low-volume and express dispatches are invoiced separately.
Standardised containers and pallets must be replaced upon receipt of the good or returned carriage paid to SIBIRGroup Ltd, otherwise their value will be charged to the customer. Non-standardised packaging for special productions will not be retrieved and are charged to the customer at cost.
Delivery dates are provided only as information. The delivery date is postponed accordingly insofar as impediments occur, which SIBIRGroup Ltd is unable to prevent despite exercising due care. Non-compliance with delivery dates and deadlines does not establish a claim to assert compensation.
Invoices from SIBIRGroup Ltd must be paid within 30 days of the invoice date at the latest, unless otherwise agreed separately. If the customer fails to observe the agreed payment deadlines, the customer shall pay default interest from the time of maturity without the requirement for a reminder.
SIBIRGroup Ltd remains the owner of the good delivered, in particular the consignment good, until it has been paid in full. The customer authorises SIBIRGroup Ltd to register the ownership in the official register and to carry out all formalities required to this end.
The benefit and risk are transferred to the customer upon departure of the delivery from the warehouse of SIBIRGroup Ltd.
Returns will only be retrieved following advance agreement. SIBIRGroup Ltd reserves the right to deduct from the customer at least 10% of the good value upon the retrieval of the delivered good depending on the condition. The customer bears the costs of the return transport.
The customer must inspect the deliveries and services of SIBIRGroup Ltd within 5 workdays and promptly notify any defects in writing to SIBIRGroup Ltd. Should the customer fail to do so, the deliveries and services will be deemed accepted – subject to hidden defects.
The guarantee period amounts to 24 months. It begins with the installation of the appliance at the end customer, but no later than one year from delivery of the appliance by SIBIRGroup Ltd.
Upon punctual inspection and prompt notification, SIBIRGroup Ltd is only obliged to perform subsequent fulfilment within a reasonable period under the exclusion of the claim of cancellation and reduction and the customer’s waiver of further compensation claims.
For replaced or repaired parts, the guarantee period begins anew and lasts 12 months from the replacement or completion of the repairs. If the appliance to be repaired is located somewhere inaccessible to the service vehicles of SIBIRGroup Ltd, the guarantee will be restricted to the extent that additional call-out costs, such as mountain funicular and helicopter transports, will be invoiced separately. The guarantee and liability of SIBIRGroup Ltd exclude damages that were not incurred due to poor material or faulty construction, for example as a result of natural wear (wearing parts), improper installation, defective maintenance, non-compliance with the operating instructions or with operating rules, interventions by unauthorised entities, use of parts other than original replacement parts of SIBIRGroup Ltd and force majeure or other reasons for which SIBIRGroup Ltd is not responsible.
The customer only has the rights expressly named in section 12 for defects to deliveries and services. Further claims on the part of the customer are excluded, in particular not expressly named claims to compensation, reduction or cancellation of the contract. Under no circumstances shall the customer have a claim to compensation for damages that are not incurred to the delivery item itself, such as production outage, loss of orders, loss of earnings or other indirect or direct damages. The mandatory provisions of the Swiss Product Liability Act (Produktehaftungsgesetz) remain reserved.
The rights to all brands, logos, photos and texts in relation to products of SIBIRGroup Ltd in brochures, flyers and in exhibition, sales promotion and POS material and similar documents remain exclusively with SIBIRGroup Ltd. Delivery of such materials occurs under the condition that the merchant acknowledges these rights.
SIBIRGroup Ltd reserves the right to make amendments to these Terms & Conditions at any time.
The contractual relationship is subject to Swiss substantive law, under the exclusion of the Convention of the United Nations on the International Sale of Goods dated 11 April 1980 and its amendments. The legal venue for both parties is Spreitenbach, Aargau. SIBIRGroup Ltd may also take legal action again the customer at the courts competent at its registered address/domicile. For consumer contracts, the mandatory statutory legal venues remain reserved.
These Terms & Conditions enter into effect on 1 January 2015.
SIBIRGroup Ltd, Management