General Terms and Conditions for Sales and Deliveries of Zingg-Lamprecht AG
1. Scope
For the business relations between ZINGG-LAMPRECHT AG and the buyer, the following conditions apply exclusively in the version available at the time of the order. In case of contradictions, the provisions of the offer, the order confirmation or the individual agreement shall prevail.
2. Data Protection
The privacy policy is available at www.zingg-lamprecht.ch/datenschutz.
3. Purchase Prices
The purchase prices are based on the corresponding offer and are ex works (EXW according to Incoterms 2020), uninsured, duty unpaid and without other charges. Delivery and assembly costs shall be borne by the purchaser. VAT is charged according to the VAT rates valid during the delivery.
4. Payment
The buyer is obliged to pay a deposit of 50% of the purchase price within 10 calendar days after the order. The remaining purchase price is to be paid within 10 calendar days after receipt of the goods. The Buyer shall be in default of payment upon expiry of the payment deadlines without reminder. The set-off with counterclaims of the buyer is excluded. If the buyer is in default with regard to the down payment, ZINGG-LAMPRECHT AG is entitled to withdraw from the purchase contract without setting a grace period and to claim damages or to adhere to the contract and to claim the entire purchase price including storage costs after written notification before delivery of the goods. The buyer is obliged to pay a fee of CHF 40 for each reminder.
5. Delivery
ZINGG-LAMPRECHT AG will make every effort to comply with the stated delivery deadlines, but cannot give any binding assurances that they will be met. The buyer is not entitled to withdraw from the contract; accordingly, he is not entitled to any claims for damages. If ZINGG-LAMPRECHT AG has, by way of exception, expressly guaranteed a delivery period as binding, liability for late delivery due to slight negligence is hereby excluded.
In case of an order on call, the buyer is obliged to accept the goods at the latest 14 calendar days after the confirmed delivery date. The call-off has to be made at the latest two weeks before the delivery date
requested by the buyer.
ZINGG-LAMPRECHT AG delivers the goods to a destination specified by the buyer at the time of the order at the delivery address. Deliveries and assemblies are to be paid by the buyer according to the price lists announced at the time of the order. The buyer must ensure that the goods can be delivered to the place of destination unhindered, otherwise ZINGG-LAMPRECHT AG is authorized to deliver the goods to the curb. If the buyer insists on the transport to the place of destination despite delivery hindrance, ZINGG-LAMPRECHT AG is released from any liability for damage to goods or premises. If the goods cannot be delivered for reasons for which the buyer is responsible, the buyer shall owe the storage costs as well as the costs of further delivery attempt according to expenditure.
6. Force Majeure
In the event of force majeure, i.e. events beyond the control of the affected party which significantly impair or make impossible the ordinary performance of its services, such as in particular official orders and measures, interruption of operations, labor disputes, transport problems, pandemics and epidemics, etc., the affected party shall notify the other party in writing as soon as possible of the nature of the event and its expected duration. With the exception of obligations to pay sums of money, the affected party shall be released from the performance of its services for the duration of the event, but shall resume the performance of its services immediately upon cessation of the event.
7. Retention of Title
The goods remain the property of ZINGG-LAMPRECHT AG until the purchase price has been paid in full. In order for the retention of title to be effective against third parties, ZINGG-LAMPRECHT AG is authorized to enter the goods in the public register to be kept by the debt collection office at the place of residence of the buyer.
8. Warranty
Obvious defects must be notified by the buyer within 5 calendar days from delivery of the goods.
Hidden defects must be reported within 5 calendar days after their discovery. The warranty period is 24 months from delivery of the goods.
ZINGG-LAMPRECHT AG and the buyer can agree in individual cases that any warranty is excluded when buying goods from certain suppliers. Instead, ZINGG-LAMPRECHT AG assigns its own warranty rights against the corresponding supplier to the buyer.
In the event of a defect, the buyer is entitled to demand that the defect be remedied free of charge. Conversion and reduction are excluded. ZINGG-LAMPRECHT AG can optionally make a replacement delivery. The following circumstances, which are not exhaustive, do not constitute a defect: Damage caused by wear and tear, aging, environmental influences or improper handling as well as damage to goods or parts of goods that have been further processed or otherwise modified with the consent of the buyer.
The warranty is completely excluded for the purchase of used goods or exhibition goods.
9. Liability
The liability of ZINGG-LAMPRECHT AG is excluded to the extent permitted by law. The exclusion of liability does not apply to unlawful intent and gross negligence, but it does apply to auxiliary persons of ZINGG-LAMPRECHT AG. The exclusion of liability does not apply to damage to health and other cases of liability under mandatory law.
10. Final Provisions
Should any provision of these GTC prove to be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
Only Swiss law is applicable, excluding the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland. ZINGG-LAMPRECHT AG reserves the right to assert its rights also at the domicile of the buyer. The mandatory rules of law for disputes arising from consumer contracts remain reserved.