General Terms and Conditions of STOBAG AG

1. General
a) These rules apply to all purchase and delivery contracts of STOBAG AG with the specialist partners, unless deviating written agreements have been made or mandatory legal provisions take precedence.
b) An offer by STOBAG AG remains valid for 3 months. All contractual agreements must be in writing. STOBAG AG confirms all orders in writing by email or fax according to the customer information on the master data sheet. The information and data on the order confirmation are decisive for the order. STOBAG AG must be notified in writing of any changes thereto within 24 hours of receipt of the order confirmation on working days. No response to the order confirmation shall be deemed to be acceptance of the terms of delivery and the information on the order confirmation. Deviating agreements also require the written confirmation of STOBAG AG. The information in the order confirmation is based on current products and specifications. We reserve the right to make changes up to the time of delivery, provided that they do not impair the use intended by the specialist partner.
c) The merchandise may only be sold to end customers. All other resale is not permitted.
d) In addition, the ITRS guidelines for the assessment of assembled awning fabrics and the awning, performance and safety requirements EN 13561:2015-8 (DIN EN 13561; ICS 91.060.50) apply. For technical information and product specifications, please refer to our website www.stobag.ch or our partner network.
   
2. Scope of services
  The scope of services results from the order confirmation. The products of STOBAG AG are continuously improved, which is why STOBAG AG is entitled to supply the latest version of a product even without prior notice. Prices are quoted ex works, excluding packaging, value-added tax and transport costs. The costs for packaging and transport shall be borne by the recipient. If the merchandise is transported by the recipient, STOBAG AG shall not be liable for transport damage, in the case of transport by STOBAG AG only for any damage to the place of unloading, but not for damage during unloading. The provision of personnel and the necessary infrastructure for unloading and disposal of the packaging material is the responsibility of the recipient.
   
3. Delivery dates
  The delivery dates stated in the order confirmation will be adhered to to the best of our ability. Partial deliveries are possible at any time and are reserved. However, if delivery delays are unavoidable, your specialist partner will be informed immediately. Cancellation of contract and compensation for damages in the event of delays in delivery are expressly excluded.
   
4. Terms of payment
a) Invoices of STOBAG AG are to be paid within 30 days from the date of invoice in the sense of an expiry date without deductions. The product price plus VAT agreed with the order confirmation shall apply. The costs for packaging, transport (including customs duties) and all other ancillary costs shall be borne by the recipient.
b) Any notice of defects does not release the customer from the obligation to pay the entire invoice amount in due time.
c) Without the written consent of STOBAG AG, the purchaser is not entitled to offset due invoices of STOBAG AG against his own claims.
d) STOBAG AG expressly reserves the right to change prices in special circumstances.
   
5. Warranty
a) The warranty period for STOBAG AG products is 2 years from the date of delivery. After expiry of the warranty period, STOBAG AG provides a voluntary warranty extension of 3 years for motors and controls. It is also possible to extend the warranty for finished products voluntarily for a maximum of 3 years immediately after delivery; see the warranty provisions / warranty extension at www.stobag.ch.
b) Any defects must be reported immediately in writing within the warranty period. Defective parts are replaced or repaired. Further warranty claims are expressly excluded, e.g. reimbursement of costs for the repair of defects at the end customer, liability for consequential damage of any kind and liability for claims of third parties. Moreover, there are no warranty and liability claims as a result of improper use (e.g. in the event of storm, hail, cleaning), non-observance of assembly, operating and maintenance instructions as well as for wearing parts. The repair or use of third party spare parts terminates the warranty claim.
   
6. Place of jurisdiction and applicable law
  The place of jurisdiction for disputes is exclusively at the registered office of STOBAG AG (Muri, Switzerland). Swiss law shall apply (to the exclusion of the Vienna Sales Convention).