General terms and conditions of delivery of Rüegg Cheminée Schweiz AG 

1. General

The following conditions apply to all deliveries by Rüegg Cheminée Schweiz AG or another subsidiary of Rüegg Cheminée Holding AG, CH8340 Hinwil (hereinafter referred to as the “Supplier”) within Switzerland and the EU. By placing an order with the Supplier, the customer accepts these conditions. Deviations are only legally valid if confirmed in writing by the Supplier. For deliveries outside Switzerland, the customer must draw the Supplier’s attention to the statutory and other regulations or directives, standards and similar requirements that must be observed in fulfilling the contract.

2. Order confirmation, amendment of order, cancellation, retention of title

The Supplier’s order confirmation shall determine the scope and execution of the delivery. Materials or any additional services not included in the order confirmation will be charged separately. Changes to and cancellations of orders require the Supplier’s written consent. Any costs arising from this shall be borne by the customer.

The Supplier retains title to its delivery until full payment has been made and is entitled, in the event of late payment by the customer, to withdraw from the contract and to demand return of the delivered products that have remained unpaid. In addition, the customer authorises the Supplier to have the relevant retention of title entered in the retention of title register or in other public books and registers, and undertakes to cooperate in this entry and in any further measures necessary to protect the Supplier’s title.

3. Prices / terms of payment

The prices listed in the Supplier’s documents may be changed without prior notice. Otherwise, the prices and terms of payment in the offer shall apply. In the event of a price increase, the prices relevant under the order confirmation remain valid for a maximum of 3 months beyond the date of the increase. The confirmed payment deadlines must also be observed if any delays occur after the goods leave the factory. It is not permitted to reduce or withhold payments because of complaints, credit notes not yet issued, or counterclaims not acknowledged by the Supplier. Payments must also be made if insignificant product parts are missing, provided this does not make use of the delivery impossible, or if reworking on the delivery is necessary.

4. Illustrations, dimensions, weights and execution

Illustrations, dimensions and weights are non-binding. Only product characteristics expressly designated as such in the order confirmation or in Rüegg product specifications (installation/operating instructions and dimension sheets) are deemed guaranteed characteristics. Any warranty is valid at most until the expiry of the warranty or guarantee period. We reserve the right to make design changes. Materials may be replaced by other equivalent materials. In special cases, binding dimension sketches must be requested. Drawings and other documents remain the property of the Supplier, which reserves all copyrights. 

5. Delivery time

The delivery date shall be stated to the best of our knowledge in the order confirmation and adhered to. Delivery delays caused by force majeure, strikes and delivery delays at the sub-supplier cannot be attributed to the supplier.

The agreed delivery date is subject to compliance with the agreed payment terms. Claims for compensation or cancellation of orders due to late deliveries cannot be accepted. In all cases, the delivery day shall be deemed to be the day of dispatch ex works, whereby the supplier is also entitled to make part deliveries.

6. Shipping

Unless another mode of shipment is specified in the order confirmation and no other mode of shipment has been agreed in writing, all deliveries are made «ex works» or EXW in accordance with INCOTERMS 2010 (i.e. from the delivery plant in Esztergom, Hungary or from other locations of the supplier in the EU and in Switzerland).

If delivery by the supplier («carriage paid» or CPT) has been agreed, the supplier is free to choose the means of transport. Such deliveries are made to the destination named in the order confirmation (order address or construction site). If this is not accessible for lorries, the customer must specify an alternative delivery location in good time. Any additional transport costs shall be borne by the customer if these are caused by special requests (express delivery, special arrival times, etc.). For small deliveries of accessories and spare parts, a reasonable surcharge for small quantities will be charged.

In all cases, i.e. irrespective of whether EXW, CPT or another mode of shipment has been agreed, (1) benefit and risk shall pass to the customer when the delivery leaves the factory, (2) complaints regarding transport damage must be made immediately to the carrier (lorry driver, post office, etc.) (with a copy to the supplier), (3) unloading from the lorry tail lift is the responsibility of the customer.

7. Inspection and acceptance of delivery

The customer is obliged to inspect the goods immediately upon receipt. If they do not correspond to the order confirmation or the delivery note, or if they show visible defects, the customer must notify this in writing within 8 days of receipt, otherwise the delivery shall be deemed approved by the customer. Later complaints will not be accepted by the supplier.

Defects that cannot be identified immediately must be reported by the customer as soon as they are discovered, but at the latest before the warranty or guarantee period expires. Complaints do not suspend the payment deadline and do not entitle the customer to unilaterally reduce the purchase price.

8. Warranty

The statutory warranty obligations or the supplier's separate written guarantee conditions apply to the defect-free quality of the delivered products.

Excluded from the warranty and guarantee are damages caused by force majeure, system concepts, designs and operating methods by end users that do not correspond to the respective state of the art, as well as non-observance of the supplier's technical guidelines, material requirements, installation and operating instructions regarding planning, installation, operation and maintenance, and improper work by others. Also excluded are parts and operating materials subject to natural wear and tear (seals, electrical parts, etc.).

The supplier fulfils its warranty or guarantee obligations by, at its own discretion, repairing defective parts free of charge or providing replacement parts ex works. Further rights in respect of defects and claims for damages by the customer are expressly excluded; in particular, the customer is not entitled to compensation for replacement costs, damages, costs for determining the cause of damage, expert reports, consequential damages, except in the case of unlawful intent or gross negligence on the part of the supplier.

The above obligations are only valid if the supplier is informed of any damage that has occurred in good time and properly. Warranty and guarantee claims expire if the customer or third parties make changes or repairs to the delivery without the supplier's written consent.