STOBAG AG confirms all orders in writing, by email or fax (according to customer details on the master data sheet). The currently valid Sales and Delivery Terms can be viewed by the customer at www.stobag.ch in PartnerNet (Login details were assigned separately) or can be requested by fax at STOBAG AG.
The data on the order confirmation are binding for the order.
STOBAG AG must be notified of any changes on working days within 24 hours of receiving the order confirmation. In the absence of such notification, the terms of delivery and the data on the order confirmation are considered accepted. In addition, deviating agreements require written confirmation by STOBAG AG.
2. Design changes
STOBAG AG products undergo continuous improvement. STOBAG AG is entitled to supply the latest version of a product, even without prior notification.
Quotations from STOBAG AG remain valid for three months.
The prices of STOBAG AG are ex-works, excluding taxes and transport insurance. STOBAG AG reserves the right to make price adjustments in the event of specific circumstances (including severe raw material price fluctuations).
5. Packaging / Shipping
The costs for packaging and shipping of the goods shall be paid by the recipient. Where goods are transported by the recipient, STOBAG AG shall not be liable for transport damage. In case of transport by STOBAG AG, only for any damage occurring before the goods are unloaded at their destination, the exclusion being with damage caused by improper unloading. The provision of the requisite personnel and equipment for unloading is the responsibility of the recipient.
6. Terms of payment
Unless any other terms of payment have been agreed in writing, invoices from STOBAG AG are due for net payment within 30 days of the invoice date. Complaints do not exempt the customer from prompt payment of the full invoice amount.
Without the written consent of STOBAG AG, the customer is not entitled to offset invoices of STOBAG AG with their own claims against STOBAG AG.
7. Retention of ownership and assignment of claims
Unless such times as complete payment has been made, the ownership to the delivered goods and the reclaim right against the purchase remains with STOBAG AG, even if the goods have been further processed either in part or in whole. If the goods are sold on credit, this must be done by the purchaser under retention of ownership. The purchaser shall immediately assign to STOBAG AG any claims to which it is entitled on account of further processing against its customer up to the amount of the outstanding purchase price. Any impairment to the property of STOBAG AG by way of attachment or other use of the goods delivered under retention of ownership by third parties must be communicated to STOBAG AG immediately by means of registered letter. The same applies to the opening of bankruptcy or settlement proceedings.
Subject to the following conditions, the warranty period for STOBAG AG products (finished awnings) is two years as from the invoice date. For motors and controls STOBAG AG accepts a voluntary warranty extension of three years after the expiry of the legal warranty period. The warranty, or warranties respectively, only refer to material and spare part costs. Performance and expenses shall not be reimbursed.
The customer undertakes to immediately inform STOBAG AG in writing of any defects during the warranty period. If the product (finished awning) is registered at STOBAG AG by the end customer or product user within the stipulated period for the voluntary warranty extension, the warranty is extended (only for material not for work) after expiry of the legal warranty period by three years to a total of five years. The separate terms for this warranty extension are decisive in this respect and they can be consulted on the STOBAG AG website at www.stobag.ch.
a) The warranty does not include defects caused by incorrect handling, damage due to stormy weather (wind speed greater than 30 km/h) and hail, operation in the case of icing, minor abrasions, fading of special colours, replacement of components that are subject to normal wear and tear and cleaning damage.
b) kink folds, chalking (light coloured stripes which arise during processing) and ripples which do not reduce the value and usability of awning covers. Any liability on the part of STOBAG AG is precluded.
c)Galvanised iron parts have a coating thickness in compliance with the SI directives. Long-term rust protection cannot be guaranteed without additional painting in-situ.
d) Products with maximum or minimum dimensions outside of the limits stated in the brochures of STOBAG AG are not covered by the warranty.
e) Repairs by third parties not agreed with STOBAG AG shall render the warranty invalid. The costs of such repairs shall not be accepted.
f) For transport damage, refer to Para. 5 of these conditions.
Warranty claims do not constitute an entitlement to postpone payment or assert damage claims.
9. Replacement or return
A replacement or return of STOBAG AG products is not possible as they have been produced tailor-made to order.
10. Place of jurisdiction
The place of jurisdiction for all disputes between STOBAG AG and the purchaser is
CH-5630 Muri AG / Switzerland. Swiss law shall govern.