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General terms and conditions
1. General
1.1 These general sales conditions are binding, when they are declared applicable in the offer or in the confirmation of order of the BEAT BUCHER AG. Deviating arrangements are valid only, when they were consented in writing by the BEAT BUCHER AG.
1.2 All oral arrangements have to be approved in writing to be binding.
1.3 For customers using our OnlineShop, additionally the special Online Shop conditions of use are valid, which can be retrieved via the page www.bbag.ch/agb-en.
1.4 These sales conditions are valid from 1.10.98 on.
2. Price
2.1 The prices are in CHF = Swiss franc. The list prices valid at the time of delivery of the goods are applicable.
2.2 All prices stated in offers, catalogues and price lists are recommended prices.
3. Terms of payment
3.1 The payments are executable by the customer without reduction within 30 days. Further conditions of payment like deviating payment deadlines, discounts, expenses, taxes and charges have to be agreed in writing.
3.2 Unauthorized reductions are postcharged.
3.3 The customer has a right of nonacceptance of delivery only in case of substantial defects.
3.4 On nonfulfillment of the terms of payment, the BEAT BUCHER AG has the right to back out of the obligation for delivery and to claim damages.
3.5 In case the customer does not keep those payment deadlines, he has to pay a default interest on arrears without reminder from the due date on, which is by 4 % higher than the respective discount rate of the Swiss National Bank.
3.6 On repeated nonfulfillment of payment obligations, the BEAT BUCHER AG reserves the right to execute the deliveries against advance payment.
3.7 Deviating terms of payment for object illuminations.
4. Retention of title
4.1 The BEAT BUCHER AG reserves the right of title of the deliveries until receipt of all payments of the purchase agreement.
4.2 The customer is obliged to cooperate in measures, which are required for the protection of the property of the BEAT BUCHER AG; in particular, he/she entitles the BEAT BUCHER AG on conclusion of the agreement, to execute the registration or the reservation of the retention of title in public registers, books or the like, according to the respective country law, at the cost of the customer and to fulfill all formalities with regard to that.
4.3 The BEAT BUCHER AG is entitled to insure the deliveries against larceny, breakage, fire, water and further damage at the cost of the customer insofar the customer cannot proof to have already taken out the insurance.
4.4 The customer is neither entitled to pledge the deliveries nor to assign them as security. On distraint of property as well as seizures or further dispositions of third parties, he has to inform the supplier on that immediately.
4.5 In case the customer processes or sells the retention goods in contrast to this agreement, the property of the BEAT BUCHER AG does not decline, but the BEAT BUCHER AG becomes coowner in the new object.
4.6 The enforcement of the retention of title as well as the seizure of the deliveries by the BEAT BUCHER AG is not considered a withdrawal from the agreement.
5. Delivery costs
5.1 For orders from CHF 1000.- gross value of goods on, the BEAT BUCHER AG delivers carriage free, packaged, excl. VAT.
5.2 For deliveries under CHF 50.- gross value of goods, an extra charge for short amounts of CHF 10.- is levied.
5.3 Express or Cargo-Rapid deliveries demanded by the customer are fully at his/her cost.
5.4 For increased freight costs the BEAT BUCHER AG explicitly reserves changes.
6. Packaging
6.1 The packaging is especially charged by the supplier and not reaccepted. In case, however, it has been designated as property of the supplier, it has to be returned by the customer postage paid to the original site.
7. Shipment, transportation, insurance
7.1 Special requirements with regard to shipment, transportation and insurance are to be announced to the BEAT BUCHER AG in time. The transportation is executed at the customer's cost and risk.
7.2 Complaints regarding shipment or transportation are to be directed by the customer to the last carrier on receipt of the delivery or freight documents, and the carrier has to confirm it in writing. The BEAT BUCHER AG is to be informed by the customer about the complaint message to the carrier.
8. Passing of benefit and risk
8.1 Benefit and risk are passed to the customer with the dispatch of the delivery ex works at the latest. At the request of the customer the delivery is insured at his/her cost by the BEAT BUCHER AG against larceny, breakage, transportation, fire and water damage as well as further insurable risks.
8.2 In case the shipment is delayed due to circumstances, which are not to be justifiable by the customer, the risk is passed to the customer on the day of readiness for shipment; however, the BEAT BUCHER AG is obliged to take out the insurance on request and at the cost of the customer, which he/she requires.
9. Examination and acceptance of delivery
9.1 The customer has to examine the delivery on receipt and to inform the supplier about obvious defects in writing immediately.
9.2 In case on acceptance the delivery proofs not to be according to the agreement, the customer has to allow the BEAT BUCHER AG the possibility to remedy the deficiencies. As far as repairs or substitute delivery are impossible the customer optionally can demand a decrease of the purchase price (reduction) or a cancellation of the agreement (rescission).
9.3 A possible return of orderconform goods delivered in good order must be executed only after the written consent of the BEAT BUCHER AG. It has to be shipped postage paid and with the original packaging. From the credit for such returned deliveries the expenses of the BEAT BUCHER AG resulting from repacking, removal of foreign labels, goods inwards inspection, etc. are deducted. Returns without the consent of the BEAT BUCHER AG are optionally either not accepted or credited with a reduction to 70 %. Goods, which the BEAT BUCHER AG specially ordered in the supplier factory, i.e. which are not in stock, cannot be returned.
10. Execution of orders
10.1 For blanket orders the customer is obliged to take over all ordered material within the determined deadline.
10.2 The annulment or cancellation of orders by the customer requires the written consent of the BEAT BUCHER AG. On annulment of orders, the costs arising for the BEAT BUCHER AG have to be compensated.
11. Delivery deadlines
11.1 Goods held in stock can be shipped within one week. The right for an intermediate sale is reserved. For all other goods the deadline on the confirmation of order is valid.
11.2 The delivery deadline confirmed by the BEAT BUCHER AG relates to the dispatch date or the date of the announcement of the readiness for shipment to the customer. The delivery deadline, however, does not start before the submission of the documents, approvals and releases to be acquired by the customer as well as the receipt of a determined payment.
11.3 The delivery deadline is extended appropriately when the details of the customer required by the BEAT BUCHER AG are missing, the customer changes the details subsequently, when obstacles (operational interferences, accidents, strikes) occur, which the BEAT BUCHER AG could not avoid despite the application of the required care and which, as can be proofed, have influence on the termination or dispatch of the delivery, notwithstanding whether they occur at the BEAT BUCHER AG, the customer or a third party. This also applies when these circumstances occur at subsuppliers.
11.4 If there is damage arising for the customer due to the delay, which results from the own fault of the BEAT BUCHER AG, he/she is entitled to claim delay compensation. It amounts to a maximum of 4 % of the value of that part of the total delivery, which could not be delivered in time or as per agreement due to the delay.
11.5 The customer allows the BEAT BUCHER AG an appropriate period for the execution of a substitute delivery. In case the customer receives a substitute delivery, he/she cannot claim delay compensation any longer.
11. Delivery deadlines
11.1 Goods held in stock can be shipped within one week. The right for an intermediate sale is reserved. For all other goods the deadline on the confirmation of order is valid.
11.2 The delivery deadline confirmed by the BEAT BUCHER AG relates to the dispatch date or the date of the announcement of the readiness for shipment to the customer. The delivery deadline, however, does not start before the submission of the documents, approvals and releases to be acquired by the customer as well as the receipt of a determined payment.
11.3 The delivery deadline is extended appropriately when the details of the customer required by the BEAT BUCHER AG are missing, the customer changes the details subsequently, when obstacles (operational interferences, accidents, strikes) occur, which the BEAT BUCHER AG could not avoid despite the application of the required care and which, as can be proofed, have influence on the termination or dispatch of the delivery, notwithstanding whether they occur at the BEAT BUCHER AG, the customer or a third party. This also applies when these circumstances occur at subsuppliers.
11.4 If there is damage arising for the customer due to the delay, which results from the own fault of the BEAT BUCHER AG, he/she is entitled to claim delay compensation. It amounts to a maximum of 4 % of the value of that part of the total delivery, which could not be delivered in time or as per agreement due to the delay.
11.5 The customer allows the BEAT BUCHER AG an appropriate period for the execution of a substitute delivery. In case the customer receives a substitute delivery, he/she cannot claim delay compensation any longer.
12. Guarantee
12.1 The guarantee period is 12 months from passage of risk.
12.2 The BEAT BUCHER AG undertakes itself to replace on the written request of the customer components free of charge, which, as can be proofed, will become defective or unserviceable due to bad material, defective construction or lacking execution until the end of the guarantee obligation. For components replaced or repaired the guarantee period starts anew and amounts to 6 months from replacement. Replaced components become property of the BEAT BUCHER AG.
12.3 The respective copies of the delivery receipt or invoice have to be enclosed into the return delivery of defective goods.
12.4 Excluded from the guarantee are damages, which arise due to natural wear, unsuitable or improper usage, nonobservance of operational provisions, excess stress as well as due to other reasons, which are not to be justifiable by the BEAT BUCHER AG.
12.5 For damages arising from improperly executed changes or repairs by the customer or third parties, without the written consent of the BEAT BUCHER AG, liability is excluded.
12.6 Further claims of the customer, especially a claim for compensation for damages, which did not occur at the goods of the BEAT BUCHER AG itself, are excluded. This exclusion of liability is not applicable to intent or gross negligence of the BEAT BUCHER AG, their employees or auxiliary staff and in those cases, in which according to the federal law for the product liability, there is liability for defects of the object of delivery for personal injuries or property damage in privately used objects. It also is not applicable for defects and features, which are assured explicitly, when the assurance especially intended to ensure the customer against damages, which did not occur in the delivered object itself.
12.7 All load figures listed in the catalogue are approximate values. A guarantee for that is excluded.
13. Place of delivery
13.1 Place of delivery and competency of court is Tägerwilen. The customer exclusively declares, that he/she under relinquishment of his/her regular residence competency of court accepts the competency of court agreed here. The BEAT BUCHER AG, however, is also entitled to sue at his/her site.
13.2 The legal relationship is subject to Swiss law.
14. Pre-collected recycling fee
14.1 The decree on the returning and recycling of electrical and electronical devices (VREG) are including the device category of light fixtures and lamps now. Therefore all manufacturers and importers of such goods have to pre-collect a recycling fee to finance the whole recycling process of these goods. The pre-collected recycling fee (VEB) will be further referred to as vRG. Fees are collected on low-pressure and high-pressure lamps and light fixtures. No fees are collected for incandescent and halogen lamps. Starters and devices are part of electrical devices. Tariffs and device lists can be achieved through the Foundation Light Recycling Switzerland (SLRS) and can also be looked at under www.slrs.ch. Lamps are combined in one tariff code, due to the complexity of products electric devices as light fixtures are split in different tariff categories. These tariffs are valif for all of Switzerland and are based on the decree, issued by the Swiss Council of Economic Affairs (SECO) on June 1st, 2005. For further details see www.seco.admin.ch. Products falling into the pre-collect recycling fee category are identified with a crossed garbage bin. Fee changes due to tariff changes may occur.
15. Dataprotection
15.1 Confidentiality: Beat Bucher AG as well as Beat Bucher GmbH complies with all laws and regulations regarding the customer data handling, particularly with the data protection. Data and information is treated with confidentiality.
15.2 Website: We use the personal data for the execution of the order. We store this data in your personal profile. For detailed information about the usage of the cookies, please read the following page:
https://katalog.bbag.ch/Cookies