Conditions
Terms of Service
the ISG Innovative Power Supply Company Suisse GmbH
§ 1 General provisions
2. If the dispatch, delivery, start, implementation of the installation or assembly is delayed in taking over the own company or the test operation for reasons for which the customer is responsible, or the customer is in default of acceptance for other reasons, then the risk will go away to the customer.
1. All offers and agreements are based on our delivery conditions, which are accepted by placing an order or accepting deliveries / services. General terms and conditions of the customer only apply if we have expressly agreed to them in writing. The mutually agreed written declarations are decisive for the scope of the deliveries.
2. The place of performance for all obligations from the contractual relationship is the registered office of ISG-Suisse GmbH.
3. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of ISG-Suisse GmbH. However, ISG-Suisse GmbH is also entitled to sue at the customer's registered office.
4. The contractual relationship is subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 2 offers, conclusion of contract, binding nature of the contractual relationship
1. Our offers are subject to confirmation and, unless otherwise agreed in writing, are valid for 90 days from the date of the offer.
2. When we send our order confirmation, the contract is concluded.
3. The contractual relationship remains binding in its remaining parts even if individual provisions are legally ineffective, but not if adhering to the contract would constitute an unreasonable hardship for one party.
§ 3 delivery times, delayed delivery
1. Upon receipt of the order confirmation, the binding delivery time only begins when all technical details of the delivery contents and scope of delivery have been clarified beyond doubt and the cooperation measures to be provided by the customer have been observed.
2. Early deliveries or partial deliveries are permissible insofar as they are reasonable for the customer.
3. If agreed delivery dates cannot be met due to force majeure or other reasonable unforeseen events, the delivery times will be extended accordingly.
4. If the customer requests a late delivery as originally agreed, 50% of the purchase price will be due after a delay of 6 weeks. If the goods ready for dispatch are not called after 2 more weeks, additional storage costs will be charged according to expenditure. (E.g. connecting / charging batteries)
§ 4 transfer of risk
1. The risk passes to the purchaser even with freight-free delivery as follows:
a) for delivery without installation or assembly, if they have been dispatched or picked up. At the request and expense of the customer, deliveries from ISG-Suisse GmbH can be insured against the usual transport risks.b) in the case of delivery with installation or assembly on the day of acceptance into your own company, or if agreed after trouble-free trial operation.
§ 5 Installation and assembly
1. Before the start of installation or assembly, the supplies and objects required for the start of the work must be in the appropriate place and preparatory work must be carried out so far that the work can be started by the supplier as agreed and brought to an end without interruption.
2. If there is a delay due to circumstances for which the supplier is not responsible, the customer will be charged for the costs of waiting times or returning.
3. If, after completion of the installation / assembly / on the part of ISG-Suisse GmbH, the system is to be accepted, the customer must do this within 2 weeks, after which the system is deemed to have been accepted. The acceptance is also deemed to have taken place when the system has been commissioned.
§ 6 prices, terms of payment, offsetting
1. The prices are ex works, excluding packaging, plus the applicable statutory value added tax.
2. Unless otherwise agreed in writing, our claims are to be settled without deduction within 30 days of the invoice date. Discount deductions are only permitted with prior written agreement. Invoices for repairs / service assignments / services are to be paid net within 14 days.
3. Payments are to be made to the paying agent of ISG-Suisse GmbH.
4. The customer can only offset claims that are undisputed or legally binding.
§ 7 retention of title
1. The objects of the deliveries remain the property of ISG-Suisse GmbH until all claims against the customer arising from the business relationship have been fulfilled.
2. The customer is entitled to resell the items in normal business transactions as long as he is not in arrears with ISG-Suisse GmbH. Garnishments or transfers by way of security to third parties require our prior consent.
3. In the event of a breach of duty on the part of the customer, in particular in the event of a delay in payment, ISG-Suisse GmbH is entitled to perform after the unsuccessful expiry of a reasonable period of time set for the customer, in addition to taking back the goods. The purchaser is bound to the publishing.
§ 8 Warranty and liability for material defects
1. Statutory warranty claims expire 24 months after the transfer of risk (unless the law provides for a longer period).
2. Notices of defects by the customer must be communicated to ISG-Suisse GmbH in writing immediately, at the latest within 14 days after delivery. In the case of hidden defects, this period begins after they are discovered.
3. Claims for supplementary performance become statute-barred 12 months from the start of the statutory limitation period.
4. Claims by the purchaser due to the expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods have been brought to a location other than the place of performance.
5. At the supplier's discretion, parts or services are to be repaired free of charge, newly delivered or newly rendered if there is a material defect, provided that the cause already existed at the time the risk passed.
6. In the event of notices of defects, the purchaser may withhold payments to an extent that is in reasonable proportion to the material defects that have occurred. The purchaser can only withhold payments if a notice of defects is made, the justification for which there is no doubt and his claims for defects are not time-barred.
7. The statutory warranty claims expire if
the operating and installation conditions specified in the operating instructions have not been observed,if a defect is caused by improper handling or by external force, such as scratches or dents on the housing in the case of defects caused by any type of contamination, especially wear parts such as fans, defects caused by corrosion, fire, water, Heat, cold (see specification) have arisen,in the case of defects caused by external influences such as 2-phase operation, incorrect connection, disconnection of the neutral conductor, incorrect protection, over / under voltage, voltage peaks at the mains input or lightning strikes,in the event of defects resulting from conversions, repairs or other manipulations carried out by untrained personnel (conversions in the system must only be carried out and approved by ISG-Suisse GmbH),in the event of consequential and transport damage.
8. Return deliveries to ISG-Suisse GmbH must be made freight and duty free.
§ 9 final provision
1. The general terms and conditions remain binding in their remaining parts even if individual provisions are legally invalid. Individual, written contractual agreements have priority over these terms and conditions.
Biel, January 2019