General terms and conditions of business
General Terms and Conditions of Metroxx Construction GmbH hereinafter referred to as Supplier
Validity of the General Terms and Conditions
The general terms and conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or tacitly accept them. Changes and ancillary agreements are only valid if they are confirmed in writing by the supplier.
These Terms and Conditions are valid for an indefinite period of time unless modified by the parties in a written agreement.
In all other respects, the provisions of the Swiss Code of Obligations on the purchase contract (Art. 184 ff. of the Swiss Code of Obligations) as well as Swiss laws and regulations apply. Should a provision of this contract be or become invalid or should the contract contain a gap, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset that is as close to the economic intent of the parties as possible. The same applies in the event of a gap.
Offers from the supplier
The company Metroxx Construction GmbH sells electrical components and photovoltaic modules, mainly to installers and electrical stores.
Price lists and brochures contain non-binding information and recommended prices.
Offers made in writing, by telephone, in person or by email are considered binding.
An offer is valid for 14 days unless otherwise agreed in writing. All documents and samples submitted with the offer remain the property of the supplier. Third parties may not be granted access to the offer documents without the consent of the supplier. Information which the supplier describes as guide values is non-binding and should only serve as an estimate of magnitude.
An offer is accepted when the customer declares this in writing, by telephone, fax, email or in a personal conversation. The supplier confirms acceptance in writing by fax or email.
Events
The Supplier undertakes to deliver the agreed products to the Customer on the dates specified in the order confirmation, while the Customer undertakes to take delivery of and pay for these products at the predetermined time.
The supplier must inform the customer of any delays as soon as possible. Any compensation will be calculated in accordance with Art. 191 of the Swiss Code of Obligations.
Contract fulfillment
The order confirmation is decisive for the scope and execution of the delivery. The supplier delivers the products in the ordered version and software in machine-readable form in the version valid at the time of delivery.
Unless a specific place of performance has been agreed between the parties or arises from the nature of the transaction, delivery shall be deemed to be the provision of the products at the supplier's registered office.
Unless expressly agreed otherwise, benefit and risk shall pass to the customer upon dispatch of the goods from the sender.
Unless a special acceptance procedure has been agreed, the customer must inspect the products themselves and report any defects in writing. If the customer fails to report within two weeks of delivery, the products are deemed to be free of defects in all functions and the delivery is deemed to be approved. The customer is then obliged to pay on time.
Prices and payment terms
The prices are specified in the offer. VAT is added. The seller bears the costs for packaging and transport.
The customer is obliged to pay within 30 days of delivery.
For deliveries over CHF 10,000, 60% of the purchase price is to be paid 10 days before delivery of the goods, the remainder is to be paid 30 days after delivery.
When planning orders, 10% of the purchase price is to be paid when the order is placed and 60% of the purchase price is to be paid 10 days before delivery of the goods. The remainder is to be paid 30 days after delivery. Other payment terms must be in writing.
If payment terms are not met, the supplier is entitled
I. Claims against the customer must be made immediately
II. or to demand security for all outstanding claims
III. and/or outstanding deliveries only against advance payment.
If security or payments have not been made even after the expiry of a reasonable grace period, the supplier may withdraw from the contract even if the goods or part thereof have already been delivered.
If the customer fails to meet the payment terms, the supplier is entitled to claim damages.
The customer may offset counterclaims against the supplier if these are due or if there is a legally binding court judgment.
If the customer fails to meet the payment deadlines, he or she will be required to pay default interest from the due date without notice, which will be five percent above the current discount rate of the Swiss National Bank.
Warranty
The supplier undertakes to exercise care and delivers products of very good quality. The guarantee period lasts one year.
If there are defects in the goods delivered, the customer can demand cancellation or reduction in price or goods of the same type as replacement according to the OR. The provisions of the OR apply.
The warranty does not cover defects and faults for which the supplier is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive use, unsuitable operating materials or extreme environmental influences.
If the customer resells the products, he is responsible for complying with domestic and foreign export regulations. If the customer modifies the resold products, he is liable to the supplier, the buyer or third parties for any resulting damage. The provisions of the Product Liability Act remain reserved.
Duty to provide information
The parties will inform each other in a timely manner about special technical requirements as well as legal, official and other regulations at the destination, insofar as they are relevant to the execution and use of the products. The parties will also inform each other in a timely manner about obstacles that could jeopardize the contractual fulfillment or lead to inappropriate solutions.
Return
In accordance with the Ordinance on the Return, Take-Back and Disposal of Electrical and Electronic Equipment (VREG), the supplier undertakes to take back electrical equipment and dispose of it in an environmentally friendly manner. The customer bears the costs for transport and disposal.
Final provisions
The place of jurisdiction is the registered office of the supplier. However, the supplier may also appeal to the court at the customer's registered office.
The parties will endeavour to settle any disputes arising from the implementation of this contract amicably.
