GTC
1. General provisions
The present General Terms and Conditions of Delivery and Business apply to all contractual agreements of Birrer Hydraulik AG, in particular to purchase contracts, contracts for work and services, supply contracts and orders. By concluding a contract, the contractual partner accepts them unreservedly and unconditionally. All mandatory legal provisions and any contractual deviations in individual cases remain reserved. Any deviating terms and conditions of the contractual partner are excluded unless they have been accepted in whole or in part in writing.
2. Conclusion of contract
2.1. Contracts may be concluded in writing or verbally. The contractual partner bears the risk of incorrect fulfillment of the contract resulting from the verbal nature of the conclusion of the contract.
3. Contract fulfillment
3.1. Birrer Hydraulik AG undertakes to adhere to the contractually agreed delivery and fulfillment deadlines. The delivery or fulfillment period begins as soon as any down payments or advance payments or any securities have been made and the technical points for product manufacture or repair have been fully clarified. Birrer Hydraulik AG is no longer bound to the contractually agreed delivery and fulfillment deadlines, in particular if its information and documents, which are necessary for the fulfillment of the contract, are not received on time or if these are subsequently changed, if the contractual partner makes subsequent changes to the scope of delivery or service, or if obstacles of any kind occur, which Birrer Hydraulik AG cannot avert despite exercising due care, irrespective of whether they occur at Birrer Hydraulik AG, the contractual partner or third parties (significant operational disruptions, accidents, natural disasters, labor disputes, delayed or faulty delivery of the raw materials, semi-finished or finished products required for production or repair and the like). ). In such cases, the delivery or fulfillment period shall be extended accordingly. Withdrawal from the contract by the contractual partner due to delays in delivery and performance by Birrer Hydraulik AG is only possible if Birrer Hydraulik AG has previously been put in default in writing and a grace period of at least 60 days has been set. If Birrer Hydraulik AG is unable to comply with this period of grace, the contractual partner is entitled to declare withdrawal from the contract by registered letter. The contractual partner expressly waives the assertion of compensation for delay and claims for compensation of any kind which are attributable to a delay in delivery and performance and any withdrawal from the contract.
3.2. Warranted characteristics are only those which are expressly designated as such in the specification of the individual order. In any case, the warranty shall apply until the expiry of the warranty period at the latest.
3.3 The agreed delivery or fulfillment dates oblige Birrer Hydraulik AG to make the object of the contract available at the agreed time at the place of final production of the repair or at another agreed place. The delivery modalities for purchase and delivery contracts are based on the Incoterms 2016, subject to special contractual agreement. Unless otherwise agreed, the collection clause EXW applies. Insurance of all kinds (transport etc.) as well as the fulfillment of formalities of all kinds (customs etc.) are in any case the responsibility of the contractual partner.
3.4 Until full payment of the agreed purchase price, including any interest on arrears and costs, the object of the contract with all components and accessories remains the property of Birrer Hydraulik AG. The contractual partner expressly authorizes Birrer Hydraulik AG to enter the retention of title in the relevant retention of title register in accordance with Art. 715 of the Swiss Civil Code. For the duration of the retention of title, the contractual partner may not sell, pledge or lend the object of the contract. In the event of any attachment, retention, seizure or confiscation etc. of the subject matter of the contract, the contractual partner must draw attention to the reservation of title of Birrer Hydraulik AG and inform the latter immediately of such restrictions on disposal. The contractual partner undertakes to inform Birrer Hydraulik AG at least 14 days in advance of any change of domicile or residence during the period of the existence of a reservation of title.
3.5 The contractually agreed compensation (purchase price, order fee, etc.) is based on the conditions valid at the time of conclusion of the contract. Birrer Hydraulik AG reserves the right to adjust the agreed compensation in the event that a change in the conditions of third parties (increase in list prices, raw material prices and the like), which also apply to the subject matter of the contract, occurs before delivery or handover of the subject matter of the contract. The contractually agreed compensation shall be adjusted accordingly. Birrer Hydraulik AG also reserves the right to make price adjustments due to changes of a constructive or other nature, namely those which are attributable to new statutory regulations or official requirements. Unless expressly agreed otherwise, the agreed compensation is understood to be strictly net without discount or other reduction. It shall be paid by the contractual partner to the exclusion of any counterclaims as well as retention or set-off defenses in accordance with the contractual payment date or the payment date communicated with the invoice. Deposits and advance payments shall not bear interest.
3.6 The contractual partner shall be in default of payment upon expiry of the agreed payment period or the payment period stated on the invoice without a reminder. In the event of late payment, the contractual partner shall pay interest on arrears in the amount of the current account interest rate of the major Swiss banks plus commission as well as a processing fee of CHF 20. In the event of default of payment or default of the contractual partner in the fulfillment of his contractual obligations or other contractual obligations, Birrer Hydraulik AG is entitled to the legal remedies according to Art. 97 ff. OR. The contractual partner must accept any delay as fault. If the contractual partner is already in default with the fulfillment of his contractual obligations prior to the handover of the contractual object, then in the event of Birrer Hydraulik AG withdrawing from the contract, he is obliged to pay compensation of 20% of the agreed compensation, without Birrer Hydraulik AG having to provide proof of damage (contractual penalty). Birrer Hydraulik AG is entitled to demand higher compensation from the contractual partner if it can prove higher damages. In any case, Birrer Hydraulik AG reserves the right to demand fulfillment of the contract in addition to the compensation payments. If Birrer Hydraulik AG withdraws from the contract after handing over the object of the contract, all rights of use and utilization of the contractual partner expire immediately. In this case, the contractual partner is obliged to keep the object of the contract available immediately. All outlays and expenses incurred in connection with the repurchase, including any repair costs for damage and the like, shall be borne by the contractual partner. The contractual partner shall have no right of retention.
4. Cancellation of contract
4.1. If the contract is canceled or partially canceled, the contractual partner's obligation to pay compensation remains in full, regardless of the reasons.
5. Warranty
5.1. The contractual partner must check the goods or the service provided for completeness and functionality immediately after delivery, acceptance or receipt. Defects must be reported in writing within 3 working days of delivery, acceptance or receipt of the goods at the latest. Delayed notices of defects shall not be recognized. The contractual partner's obligation to inspect the goods shall also apply to the extent specified above if the goods are handed over to a third party for processing, transportation, storage or the like at the instruction of the contractual partner.
5.2. For all goods delivered and services rendered by Birrer Hydraulik AG, there is a warranty of 6 months from the date of delivery or from the end of the provision of services, exclusively with regard to materials and work. After expiry of this period, Birrer Hydraulik AG is no longer under any warranty obligation. However, it is at liberty to provide voluntary services beyond this period in the form of a goodwill payment to cover extraordinary cases of damage. In the case of purchases by Birrer Hydraulik AG, the seller's warranty is based minimally on the law insofar as this has not been contractually extended.
5.3. Excluded from the warranty obligation are damages which are due to natural wear and tear, inadequate maintenance, disregard of operating instructions and operating manuals, disregard of installation instructions, use of unsuitable operating materials (oils etc.), chemical, mechanical or electrolytic influences, consequences of accidents and other reasons for which Birrer Hydraulik AG is not responsible. The warranty obligation expires immediately if the contractual partner or a third party processes, modifies, dismantles, repairs or improperly installs or removes goods or components produced or processed by Birrer Hydraulik AG without the consent of Birrer Hydraulik AG. It also expires immediately if the goods delivered or services rendered continue to be used, even though a defect exists or there is a presumption that such a defect exists or should exist. Within the scope of the warranty obligation, Birrer Hydraulik AG provides the additional services it deems necessary at its own expense. Birrer Hydraulik AG reserves the right to order the performance of the work to fulfill the warranty obligation at the place of business of Birrer Hydraulik AG or at another location designated by it. We also reserve the right to make a replacement delivery. The contractual partner is in no case entitled to the right of rescission or reduction and the like. Birrer Hydraulik AG generally assumes no repair costs, no installation and removal costs, even within the scope of a recognized warranty obligation, unless this was commissioned by Birrer Hydraulik AG, as well as no costs for transport, travel and accommodation.
5.4. Subject to mandatory statutory provisions, the contractual partner is in no case entitled to compensation for damages, in particular compensation for consequential damages or loss of profit in the event of accidents or operational disruptions, or compensation for financial losses of any kind. Birrer Hydraulik AG accepts no liability for indirect damages and third-party damages of any kind. Birrer Hydraulik AG excludes all liability arising from improper use or improper operation of delivered or installed goods, from breach of contract or from other negligent or deliberately unlawful actions by the contractual partner (including environmental damage and the like).
5.5. Birrer Hydraulik AG is not liable for damages to the contracting party or third parties which are attributable to force majeure. Force majeure is deemed to be everything that leads to the non-fulfilment or only partial fulfilment of the contract due to an obstacle outside the sphere of influence of Birrer Hydraulik AG, without Birrer Hydraulik AG being able to reasonably be expected to take the obstacle into consideration when concluding the contract or to avoid or overcome the obstacle or its consequences.
5.6 Insofar as product liability claims are made against Birrer Hydraulik AG, the supplier is obliged to indemnify Birrer Hydraulik AG in full (direct and indirect damage) insofar as the supplier has caused the liability in whole or in part.
6. Choice of law and place of jurisdiction
6.1. All contractual agreements with Birrer Hydraulik AG, in particular purchase, work and supply contracts and orders, are subject to Swiss law.
6.2. The place of jurisdiction for the assessment of all disputes arising from contractual agreements with Birrer Hydraulik AG is Lucerne, subject to mandatory statutory provisions. The contractual partner waives any alternative place of jurisdiction. CH-6018 Buttisholz, April 1, 2021