1. Scope/Validity
The General Terms and Conditions of A. Baggenstos &
BAG reserves the right to make changes to the General Terms and Conditions. Changes will come into effect 30 days after they are communicated.
2. Completion of the contract and validity
The contract takes effect once the order has been confirmed by BAG. The scope and the execution are determined by the confirmation of order.
3. Prices
The prices quoted exclude value added tax, transportation and handling fees and additional expenses. These are listed and charged separately. Incorrect prices and specifications as a result of typing, transmission or other errors, as well as changes in price or model by the manufacturer may lead to modifications. Price adjustments of up to 10% do not justify a premature contract termination.
The travelling time and working hours for the journey to the site operations will be invoiced.
4. Delivery
Goods will only be delivered in
5. Delivery deadlines
The stipulated delivery deadlines are based on the current level of information. Deliveries which go beyond the deadline do not warrant a compensation claim, price reduction or contract termination.
6. Returns
The customer has the right to return the merchandise during a period of 5 working days. The right of return begins on the day of delivery of the merchandise to the customer. The returned merchandise must be delivered without damage, fully functional, complete and in original, unopened packaging. The merchandise must also include the authorization number that was issued by BAG. If one of the above conditions is not met, the right of return is cancelled. Exempt from the right of return are custom-made products or products that have been procured according to a customer’s wish.
7. Terms of payment
Orders made by new customers must be in paid in advance. Payments against an invoice must be paid within 30 days of the invoice issue date. Late payments are automatically subject to a 4% interest charge, without a separate reminder. The payment of the interest does not release the customer from the payment of other services stipulated in the contract.
8. Settlement
Demands/claims and counter claims on behalf of the customer can only be settled with a written agreement from BAG.
9. Delay of receipt/Refusal
If a customer refuses to accept the merchandise, BAG has the right to give the customer an extension of 10 days. If the customer still does not comply, BAG has the following options:
A.) Return of the merchandise, under responsibility of the customer, with the incurred costs charged to the customer.
B.) Withdrawal from the contract under the enforcement of a penalty of at least 30% of the order value.
10. Service contract rates
BAG has the right to make price adjustments related to salary increases, cost of materials, taxes, handling fees and other cost elements, at the beginning of a new contract year. Said adjustments will be communicated in writing at the latest 4 months prior to the beginning of the next contract year.
11. Reservation of proprietary rights
A reservation of proprietary rights on all products remains in favor of BAG, p until full payment of the purchase price, including potential reminder charges and interest payable on arrears. The customer agrees with the registration of the reservation of proprietary rights in the business domicile or place of residence.
12. Warranty
BAG takes over a guarantee of 30 days after the delivery date for products of its ownership. During this guarantee period, defects will be repaired free of charge. Every additional guarantee, particularly the demand to change, reduce or replace is not included. For commercial merchandise, the guarantee regulations of the manufacturer apply.
13. Personnel deployment
BAG uses qualified internal, or in exceptional cases, external personnel to carry out the work. Both contractual parties commit themselves not to actively or passively hire away indirectly or directly active personnel. Should either party violate these rules, a penalty will be levied of Fr. 20.000, - Payment of the penalty does not constitute a substitution of the contractual obligation. This contractual obligations remains in place for the duration of the contractual relation and 2 years after termination of said contract.
14. Deployment times and surcharges
The regular opening hours of BAG are defined as follows:
Working days: 08.00 – 12.00, 13.00 – 17.30
Outside regular working hours, the following surcharges apply to contracts which are settled on an hourly basis:
50% surcharge
- On working days: 19:00 – 24:00
- On Saturdays: 07:00 – 24:00
100% surcharge
- On working days and Saturdays: 00:00 – 07:00
- On Sundays and public holidays: the whole day
15. Duration of contract
The duration of the contract, unless otherwise stipulated, is one year beginning on the date specified in the contract. Individual sections of the contract may specify different durations. In this case, the altered duration periods are effective. The contract is renewed automatically with the duration of one year, unless cancelled in writing by registered mail, three months prior to the end of the contract.
If a customer is in arrears, BAG has the right to discontinue all services without reminder or further explanation, and to rescind contractual obligations.
16. Copyrights
BAG is committed not to pass on documents to third parties, or to give them the opportunity to review them, without prior approval by the customer. Upon termination of the contract, BAG will return all data and documents belonging to the customer.
17. Secrecy agreement
Both parties are obliged to abide to the secrecy agreement. This obligation goes beyond a potential change or cancellation of contractual terms and conditions.
18. Liability
Every contractual or non-contractual liability which exceeds the activated guarantee, particularly those for so-called secondary or indirect damages, is excluded for the customer. The exclusion of liability does not apply to deliberate and grossly negligent damages. In any case, the liability in case of gross negligence is limited to the contract amount and in case of a continuous debt ratio to the annual capacity.
19. Partial Voidness
Even if certain agreements contravene current laws, the entire contract is not void. The invalid clauses will be replaced by analogous and concurring clauses.
20. General Terms and Conditions
All potential discrepancies or disagreements in connection with the contract on hand are to be settled through mediation according to the mediation rules of the Swiss Chamber for Economic Mediation (Schweizerischen Kammer für Wirtschaftsmediation) a neutral arbitration Board.
The contract is subject to Swiss law. The court of jurisdiction is Bülach.
V 2.2 / 6.6.2017
