General Terms and Conditions.
1. Application of the General Terms and Conditions
The General Terms and Conditions apply to all deliveries and installation services purchased from swissstarfenster. They also form the basis for quotations from swissstarfenster. Any alternative agreements shall require the written form. In the event of contradictions, the General Terms and Conditions shall have priority.
2. General provisions
Quotations, price lists, cost estimates etc. shall always be non-binding. Binding price estimates shall expire at the latest after 60 days. The title and copyright to all drawings and documents prepared by swissstarfenster is reserved.
The prices are ex works, always not including packaging, insurance and shipping costs. The pricing basis presumes that there are no changes in the services agreed by swissstarfenster, and that any preliminary work required is completed in full. Where more than 3 months have passed since the conclusion of contract, we reserve the right to claim for authenticated additional costs, specifically in relation to material prices and/or increased personnel costs. Offsetting against claims of swissstarfenster shall only be permitted in the case of uncontested and legally established claims. Complaints shall not release from the payment obligation on the due date. Invoices shall otherwise be payable immediately upon expiry of the agreed payment period. Swissstarfenster shall provide no security for partial payments. Sales discounts and cash discounts shall be subject to agreement. Cash discounts on partial payments shall be conditional on the partial payments being made punctually and in full, and shall furthermore require that the final payments are likewise made punctually and in full.
2.3 Payment provisions
Agreed delivery periods shall be subject to cases of force majeure, and conditional on any preliminary work required being completed punctually, and on swissstarfenster being provided with the necessary information punctually and in full. In the case of installation work, it must be ensured at the installation location that this work can be performed directly, and that sufficient space for this purpose is also available, i.e. a solid and level foundation for the erection of scaffolding.
An inspection must take place immediately, and any defects must be reported immediately. Defects shall be determined on the basis of the relevant standards, and in particular the standard SIA 331: 2008 “Windows and Window-Doors” and the SIG standards 01 etc. “Glass standards”. The warranty of swissstarfenster shall be restricted to the replacement and/or repair of damaged parts. Refunds and price reductions shall be excluded. Swissstarfenster shall only be liable for consequential loss in cases of intent or gross negligence.
2.5 Warranty for insulating glass
Swissstarfenster guarantees the transparency of insulating glass windows for a period of 5 years after delivery or installation, and will replace them if the insulating glass windows are impaired by the formation of dust or films inside the window. This warranty shall lapse if this impairment occurs for reasons outside the responsibility of swissstarfenster or the glass supplier of swissstarfenster, or if no opportunity is granted to inspect the circumstances.
2.6 Warranty for swissstarfenster elements
The warranty period shall be 2 years, and the statutory period of limitations for defects shall be 5 years, corresponding to Art. 172 - Art. 180 of SIA standard no. 118, and on condition that defects are reported immediately after they are discovered. This warranty shall not apply to functional elements that swissstarfenster does not manufacture itself. Such functional elements shall be subject to warranty claims only inasmuch as swissstarfenster is entitled to warranty claims vis-à-vis suppliers.
2.7 Applicable law, jurisdiction and place of fulfilment
The contractual relationship shall be subject to Swiss (substantive) law. The place of fulfilment and jurisdiction shall be CH - 9246 Niederbüren. Swissstarfenster shall also be entitled to appeal to the court at the domicile or registered office of the counterparty.
3. Special provisions for work contracts
3.1 Missing, contradictory or incomplete specifications in the documents provided by the customer shall be the responsibility of the customer, where such errors cannot be identified within the scope of normal inspection.
3.2 Deliveries shall be made carriage paid to the installation site.
Where truck access to the installation site is not possible, any additional costs incurred must be reimbursed. The use of cranes and goods lifts must be ensured, and a room with a lock must be made available for the storage of materials delivered. The installation of the glass using a vacuum suction system requires a minimum temperature of more than plus 5 degrees Celsius. Emergency glass installation and/or schedule postponements shall be invoiced separately. Any associated costs shall be paid by the customer.
3.3 Swissstarfenster refers to the statutory builder’s lien rights (under Art. 837 Para. 1 Section 3 of the Swiss Civil Code (ZGB)) and reserves the right to claim under it.
4. Special provisions for deliveries of goods
4.1 The delivery shall take place ex works or ex store. The risk shall be transferred to the customer upon handover of the goods to the transport company, and in the case of independent transportation upon loading of the vehicle. The conclusion of insurance against damage shall be the responsibility of the customer.
4.2 Packaging provided by swissstarfenster, and in particular stands, shall remain the property of swissstarfenster. The buyer shall be obliged to return them to swissstarfenster. If they are not punctually returned to swissstarfenster, these shall be invoiced at a cost of CHF 2,000.
4.3 Swissstarfenster shall provide notification of delivery in good time. Unloading shall be the responsibility of the customer. Where the customer engages swissstarfenster to perform this task, this shall be paid for separately.
5. The following points are not covered by warranty:
5.1 Glass complaints shall be taken into consideration under the current SIGaB guidelines. Any thermal glass fractures (irregularly heated glass surface) e.g. as a result of shadows from façade elements or objects in front of the glass (e.g. furniture, garden furniture etc.). Differences in colour in the case of subsequently replaced glass (changes in surface finish used by glass supplier).
5.2 Consequential damage caused by leaking window elements under extreme weather conditions (rain, wind) that were stronger than prescribed by the standards (EN 1026 / max. class 4 – 1027 / max. class 9A).
5.3 Static deflection in the lintel area of window openings with a width of more than 3 metres shall require the top element to be supported with an intermediate support (ensured at the installation site). Subsequent deflections could enormously impair the window system.