1. Application 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply between STOBAG AG (hereinafter referred to as "STOBAG") and natural persons and legal entities (hereinafter referred to as "customer") for the present legal transaction as well as for all future transactions, even if no express reference is made to them in individual cases, in particular for future supplementary or follow-up orders. 2.1 Our offers are non-binding.

1.2 The version of our GTC applicable at the time of conclusion of the contract is available at https://www.stobag.com/en/tc/. 

1.3 STOBAG contracts exclusively on the basis of its GTC. Any terms and conditions of the customer or amendments or supplements to our GTC shall require our express written consent in order to be valid. 

1.4 The customer's terms and conditions shall not be recognized even if STOBAG does not expressly disagree with them after receipt. Therefore, simple fulfilment of the order is expressly not deemed to be an agreement of the customer's General Terms and Conditions or confirmation of a possible exclusion by the customer. Accordingly, STOBAG's GTC cannot be deviated from unilaterally. 

2. Offers, conclusion of contract 

2.2 Promises, assurances and guarantees on our part or agreements deviating from these GTC in connection with the conclusion of the contract shall only become binding upon our written confirmation. 

2.3 The customer expressly agrees to be informed by e-mail/telephone about new products and services from STOBAG. This consent can be revoked at any time. 

2.4 Cost estimates are not binding and against payment. 

3. Prices

3.1 Price information is not to be understood as an all-inclusive price. 

3.2 For services ordered by the customer which are not covered by the original order, there is a claim to appropriate remuneration in the absence of an agreement on remuneration for work. 

3.3 Prices are quoted exclusive of the applicable VAT and ex warehouse/works including packaging costs. Transport-, loading- and shipping costs as well as customs duty or any insurance shall be paid by the customer. 

3.4 Technical changes to the products serve the purpose of improvement, which are possible to a minor extent at any time without a reduction of the remuneration. 

3.5 STOBAG is entitled, as well as obligated upon request of the customer, to adjust the contractually agreed fees if changes in the amount of at least 2% occur with regard to
a) of labor costs by law, regulation, collective agreement, company agreements, or;
b) other cost factors necessary for the performance of the service, such as procurement costs or changes in national or world market prices for raw materials, exchange rates, etc., which have occurred since the conclusion of the contract. The adjustment shall be made to the extent that the actual production costs at the time of the conclusion of the contract change compared to those at the time of the actual performance of the service, provided that STOBAG is not in subjective debtor's default.

3.6 In the event of a price adjustment, the customer shall be entitled to terminate the Agreement after prior notification. The customer shall be informed about this possibility separately with the notification of the tariff adjustment.

3.7 Costs for travel, daily and overnight allowances shall be charged separately in accordance with point 3.2. Travel times shall be considered working time.

3.8 Vouchers may be exchanged for deliveries of goods of the same value at the time the voucher is used. The assessment of the value is at the discretion of STOBAG. Payment is only possible with a deduction of 30% of the amount of the voucher.

4. Conclusion of contract 

4.1 STOBAG offers effective and high-quality sun and weather protection options for windows and facades, conservatories  and gazebos, as well as - if desired - their installation. A detailed description of our product range can be found online at https://www.stobag.com/. 

4.2 The general conclusion of a contract takes place upon the customer's request via the online store, by telephone, by e-mail or in person to a qualified consultant as well as the subsequent transmission of a written order confirmation by STOBAG by electronic means. 

4.3 Orders with a larger volume shall be concluded at STOBAG's discretion by means of an inquiry from the customer (via the online store, by telephone, by e-mail or in person vis-à-vis a qualified consultant), followed by the transmission of a written order confirmation by STOBAG with a request to the customer for acceptance. In this case, the contract is only concluded upon receipt of the countersigned order confirmation by STOBAG. 

4.4 STOBAG reserves the right to subsequently send a corresponding pre-payment invoice to the respective customer. 

4.5 The costs for the customer vary depending on the agreed purchase contract. The exact cost breakdown will be provided by written communication after the request to STOBAG has been made. 

4.6 In case of conclusion of the contract according to point 4.2 (thus without a corresponding request for counter-signature of the order confirmation by STOBAG), the customer is entitled to withdraw from the contract free of charge within 24 hours after receipt of the order confirmation by STOBAG. The withdrawal must be made in writing by electronic mail and must be received by STOBAG within 24 hours after the order confirmation has been sent. In case of withdrawal from the contract after this period, the entire order amount is due for payment. 

4.7 In the event that the contract is concluded in accordance with point 4.3 (i.e. with a corresponding request for countersignature of the order confirmation by STOBAG), the customer is entitled to withdraw from the contract free of charge within 24 hours after the countersigned order confirmation has been sent to STOBAG. The withdrawal must be made in writing electronically and must be received by STOBAG within 24 hours after the countersigned order confirmation has been sent. In case of withdrawal from the contract after this period, the entire order amount is due for payment. 

5. Payment 

5.1 Subject to the transmission of a down payment invoice by STOBAG, net cash payments are to be made within 10 days after receipt of the invoice minus any deposit made and partial payments already settled. Exceptions must be agreed individually and in writing. 

5.2 STOBAG is entitled to request advance payments from the customer at any time. 

5.3 In the event of default in payment, we shall charge interest on arrears at a rate of 8% per anno above the basic interest rate, irrespective of any compensation for damages. 

5.4 If the customer is in default of payment within the scope of other contractual relationships existing with us and if the setting of a deadline for the customer's performance also expires without result, STOBAG shall be entitled to suspend the performance of its obligations under this contract until the customer has fulfilled them. The customer hereby expressly agrees to this, so that in the absence of written notice of objection to this point, a mutually agreed compensation agreement is agreed upon. 

5.5 In the event of serious threats to legitimate interests (such as those described in section 5.4.), STOBAG is entitled to declare due all claims for services already performed under the current business relationship with the customer. 

5.6 In the event of default in payment, the customer undertakes to reimburse STOBAG for the costs necessary and appropriate for enforcement (reminder costs, collection fees, lawyer's fees, etc.). 

5.7 The customer shall only be entitled to compensation insofar as counterclaims have been determined by a court or have been acknowledged by STOBAG. 

6. Termination 

6.1 STOBAG is entitled to declare withdrawal from the contract if there is an important reason, in particular:
a) if the customer violates contractual or legal rules, official regulations or these GTC;
b) if the customer acts in a way that is detrimental to STOBAG or is contrary to good morals and the principle of competition.

6.2 In the event of a qualified default of payment by the customer, STOBAG is entitled to withdraw from the contract after a reminder has been issued and a time extension of two weeks has been set. 

6.3 In these cases STOBAG is entitled to withdraw either with regard to the entire contract or only with regard to individual parts of it. 

6.4 Exchange or return of goods is not possible, because they are made by order specification. 

7. Performance execution 

7.1 Objectively justified and merely minor changes to the services, including technical changes that are reasonable for the customer shall be deemed to have been approved in advance. 

7.2 If after the order has been placed - for reasons not attributable to STOBAG - the order is amended or supplemented, the delivery/performance period shall be extended by a period appropriate to the amendment. 

7.3 If, after conclusion of the contract, the customer requests performance of the service within a shorter period of time, this shall constitute an amendment to the contract. The agreed fee increases upon confirmation of the modified performance period by STOBAG in proportion to the necessary additional expenditure. 

8. Delivery and performance deadlines 

8.1 Delivery/performance deadlines and dates are only binding for STOBAG if they have been agreed in writing. Any deviation from this formal requirement must also be in writing. 

8.2 Objectively justified partial deliveries and services are permissible and can be invoiced separately. 

8.3 In case of force majeure, strike, unforeseeable delays caused by STOBAG's suppliers or other comparable events beyond STOBAG's control (e.g. due to pandemics), deadlines and dates shall be postponed for the period of time during which the respective event continues. This does not affect the customer's right to withdraw from the contract in the event of delays that make it unreasonable to commit to the contract. However, the customer will be notified of such a delay within a reasonable period of time. 

8.4 All claims for non-compliance with delivery times, in particular damages and loss of profit or other consequential damages, are excluded, unless the delay was caused by gross negligence or intent on the part of STOBAG. Official and construction police orders as well as force majeure release us from meeting deadlines. 

8.5 If the start of the performance or the performance is delayed or interrupted due to circumstances attributable to the customer, performance deadlines shall be extended accordingly and completion dates shall be postponed accordingly. 

8.6 STOBAG is entitled to charge 10 CHF per day per item for the necessary storage of materials and equipment and similar items due to the delay in performance, whereby the customer's obligation to pay and his obligation to accept the goods shall remain unaffected. 

8.7 In the event of delay by STOBAG, the statutory provisions shall apply, so that the customer may only withdraw from the contract after a grace period has been set by registered letter with simultaneous threat of withdrawal. In case of delays due to force majeure, the appropriateness of the extension period shall be prolonged until it becomes unreasonable. 

9. Transfer of risk and delivery 

9.1 In principle, the risk shall pass to the customer upon handover. Loading and unloading as well as transport organized by the customer are therefore always at the customer's risk. 

9.2 At the customer's request, the goods will be delivered by a company contracted by STOBAG to the property boundary of the agreed delivery address, whereby the transport is appropriately insured, so that in such a case the risk is transferred to the customer upon delivery at the agreed handover location. Usually, the customer approves any proper mode of shipment. Consequently, the place of delivery for deliveries organized by STOBAG is exclusively the property boundary of the agreed delivery address. 

9.3 STOBAG is entitled to collect the shipping costs and the fee from the customer by cash on delivery. 

9.4 The customer is responsible for the safety of the materials and equipment delivered by STOBAG and stored / assembled at the place of performance. Losses and damages are at his expense. 

10. Delay in acceptance 

10.1 In the event of delay in acceptance, the risk shall be transferred to the customer. 

10.2 Acceptance of the service shall take place upon collection ex works/warehouse within the collection period notified by STOBAG (usually 1-2 weeks from provision) by the customer or a person authorized by the customer. 

10.3 In case of delivery in accordance with clause 9.2, the customer shall ensure that the customer takes over the goods at the place of delivery in person or through a person authorized to take over the goods. A handover to other persons present at the place of delivery is excluded on the part of STOBAG; the lack of presence or lack of corresponding authorization of persons present therefore triggers the consequences according to item 10.4 ff. 

10.4 The goods not accepted or not accepted properly (item 10.3) at the time of delivery according to item 9.2 shall be returned to STOBAG's warehouse, and the customer shall bear the transport costs and storage fee according to item 8.6 from the time of default of acceptance. 

10.5 If the customer does not carry out the agreed takeover from factory/warehouse within the collection period notified by STOBAG, the risk shall pass to the customer after expiry of this period; the customer shall also bear the storage fee in accordance with item 8.6. 

10.6 The assertion of a higher damage is permissible. 

11. Reservation of ownership 

11.1 The goods delivered, assembled or otherwise handed over by STOBAG remain the property of STOBAG until full payment has been made. This also applies in the event that the goods have been further processed in whole or in part. 

11.2 A resale is only permissible if it has been announced in good time, stating the name and exact address of the buyer, and STOBAG consents to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to STOBAG as of the date of consent. 

11.3 Until full payment of the remuneration or purchase price, the customer shall note this assignment of the purchase price claim to STOBAG in his books and on his invoices and draw the attention of his debtors to it. Upon request, he shall provide STOBAG with all documents and information necessary for the assertion of the assigned claims and entitlements. 

11.4 Necessary and reasonable costs for the appropriate prosecution resulting from negligent behavior (e.g. default of acceptance, resale without consent) shall be borne by the customer. 

11.5 The assertion of the reservation of ownership shall only constitute a withdrawal of the contract if this is expressly declared. 

11.6 STOBAG may dispose of the returned goods subject to retention of title freely and in the best possible way. 

11.7 Until full payment of all claims, the object of purchase may not be pledged, transferred by way of security or otherwise charged with the rights of third parties. In the event of seizure or other claims, the customer is obliged to point out STOBAG's reserved ownership and to notify STOBAG immediately by registered letter. 

11.8 Likewise, the customer must inform STOBAG of the opening of insolvency or composition proceedings. 

12. Property rights of third parties 

12.1 All documents provided to the customer by STOBAG in the context of the fulfillment of the contractual obligations (including design data, drawings, models or other specifications, etc.) shall remain the intellectual property of STOBAG until the customer has paid STOBAG's invoice in full. Any disclosure or transfer to third parties is expressly prohibited. In the event of a violation of this point, STOBAG is entitled to a lump-sum compensation of 20% of the gross order value without proof of actual damage from the customer. The assertion of damages in excess of this is unaffected by this. 

12.2 For delivery items which are manufactured according to customer documents (design data, drawings, models or other specifications, etc.), the customer shall exclusively assume the warranty that the property rights of third parties are not infringed during the manufacture of these delivery items. 

12.3 If third party property rights are nevertheless asserted, STOBAG shall be entitled to cease production of the delivery items at the customer's risk until the third-party rights have been clarified, unless the absence of the claims is obvious. 

12.4 STOBAG may also claim compensation from the customer for necessary and useful costs incurred. 

12.5 STOBAG shall be entitled to demand reasonable advance payments from the customer for any litigation costs if the customer violates its obligations as agreed herein. 

13. Warranty 

13.1 The warranty period for our goods is 24 months from the date of handover, whereby STOBAG may choose whether this is to be achieved by remedy, price reduction or replacement. 

13.2 In the absence of any agreement to the contrary (e.g. formal acceptance), the time of handover shall be the handover of the goods into the customer's power of disposal or the agreed handover date within the pick-up period (item 10.2), provided that the customer has refused acceptance without stating reasons both upon pick-up and upon delivery or the delivery could not be made properly (item 10.3.). In the absence of a justified refusal of acceptance the performance shall be deemed to have been transferred to the customer's power of disposal on the day of handover. 

13.3 Remedy of a defect claimed by the customer shall not constitute an acknowledgement of such defect. 

13.4 The customer must always prove that the defect was already present at the time of handover. 

13.5 Notices of defects and complaints of any kind must be noted on the delivery bill or notified in writing within a reasonable period of time (in the case of apparent defects, this period shall be 8 working days at the latest) at STOBAG's registered office, describing the defect as precisely as possible and stating the possible causes. The goods complained about shall be handed over by the customer if this is possible. Without timely notification, all claims and rights shall lapse. 

13.6 If the customer's allegations of defects are unjustified, he is obliged to reimburse STOBAG for expenses incurred in determining that the goods are free of defects or in rectifying the defect, provided that the customer can be objectively blamed for assuming a defect. The assessment in this respect is at STOBAG's discretion. 

13.7 STOBAG shall be entitled to carry out or have carried out any investigation deemed necessary which is in proportion to the alleged defect. Should the goods or pieces of goods become unusable in this case, the customer shall bear the costs in accordance with item 13.6., provided that it turns out that there is no actual defect. 

13.8 At our own discretion, STOBAG shall either remedy defects, replace the goods with defect-free goods or offer a price reduction. Further or other rights of the customer are excluded. 

13.9 A claim for cancellation can be averted by improvement or reasonable price reduction, provided that the defect is not substantial and irremediable. 

13.10 If the objects of performance are manufactured on the basis of information, drawings, plans, models or other specifications provided by the customer, STOBAG shall only provide a warranty for the execution in accordance with the conditions. 

13.11 Later complaints (e.g. due to hidden defects) can only be considered within the legal period if they are defects that were not recognizable despite immediate, careful examination of the goods and were pointed out immediately after they occurred or became known. 

14. Liability 

14.1 Due to breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., STOBAG is liable for financial losses only in cases of intent or gross negligence. This limitation also applies to any recourse claims of the customer. Any contractual liability shall generally only exist towards the direct contractual partner (customer), but not towards third parties; the customer shall indemnify and hold STOBAG harmless in this respect. 

14.2 Liability is limited to the order value or - if this exceeds the order value - to the maximum liability amount of any liability insurance taken out by STOBAG. 

14.3 Claims for damages must be asserted in court within six months, otherwise they will be forfeited. 

14.4 The limitations or exclusions of liability also include claims against our employees, representatives and vicarious agents due to damage caused by them to the customer without reference to a contract on their part with the customer. 

14.5 Our liability is excluded for damage caused by improper handling or storage, overloading, failure to follow operating and installation instructions, faulty assembly, commissioning, maintenance, servicing by the customer or third parties not authorized by us, or natural deterioration, insofar as this event was causal for the damage. Likewise, the exclusion of liability for omission of necessary maintenance exists. 

14.6 If and insofar as the customer can claim insurance benefits for damages for which STOBAG is liable through a damage insurance policy of its own or concluded in its favor (e.g. liability insurance, hull insurance, transport, fire, business interruption and others), the customer undertakes to claim the insurance benefit and STOBAG's liability towards the customer shall be limited to the disadvantages incurred by the customer as a result of claiming this insurance (e.g. higher insurance premium). 

14.7 STOBAG shall not be liable for subsequent damages resulting from the use of the properly functioning and provided products. 

15. Salvatory clause 

15.1 Should individual parts of these GTC be invalid, this does not affect the validity of the remaining parts. 

15.2 The parties hereby undertake to agree on a substitute provision - based on the horizon of honest contracting parties – which comes as close as possible to the economic result of the invalid condition, taking into account the customary nature of the industry. 

16. General terms 

16.1 Swiss law is applicable. 

16.2 The UN Convention on Contracts for the International Sale of Goods is excluded. 

16.3 The place of performance is the registered office of the company STOBAG AG. 

16.4 The exclusive place of jurisdiction for all disputes arising from the contractual relationship or future contracts between the customer and STOBAG is the court with local jurisdiction for STOBAG's registered office. However, STOBAG reserves the right to assert claims against the customer at the respective court having local and subject-matter jurisdiction for the customer. 

16.5 The customer shall notify STOBAG immediately in writing of any changes in name, company name, address, legal form or other relevant information. 

16.6 This version of the GTC is a translation from German into English. In case of doubt or translation errors, the German version shall prevail over the English version. The german Version can be found https://www.stobag.com/agb/. 

Last updated January 2026