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General Terms and Conditions LZ & Partner GMBH

General

LZ & Partner GmbH - hereinafter referred to as LZ - delivers on the basis of these terms and conditions of sale and delivery, unless expressly agreed otherwise. Deviations from this require the express written confirmation of the supplier before the delivery is made. By placing an order or accepting an order, the customer and LZ undertake to fully comply with the following conditions.

Prices

The value of the order is a fixed price for the duration of the agreed schedule, starting with the signing of the order by the client, if the delivery conditions for production are met within this period. Delays for which LZ is responsible are not included in the deadline.

Additional costs

The following costs are not part of the agreed order amount and will be charged separately:

  • Fees, structural analysis costs, fees for specialized experts and house connection costs of the public utility companies.

  • Additional costs that are due to an obstruction of the construction process for which the client is responsible.

  • Costs for possible necessary additional measures for accesses, barriers etc.

  • Preparation of a building application if necessary.
     

For basements or sole plates erected by the customer:

  • Costs of a further review that becomes necessary if the planning specifications were not met during the first review.

  • Additional costs due to ascertained dimensional differences during cellar/sole plate acceptance with the consequence that the LZ must adapt to the cellar/sole plate.
     

Unless otherwise agreed, all prices are net, ex works, exclusive of VAT, without packaging, postage, shipping and insurance costs in the respective currency listed. Extra charges for small quantities, express and urgent delivery are not included. Prices are always subject to change.

 

All additional costs, such as for freight, insurance, export, transit, import and other permits, as well as official costs, shall be borne by the customer. Likewise, the customer shall bear all types of taxes, duties, fees, customs duties and similar.

If the material price increases after the offer has been submitted by LZ due to a change in the basis of calculation, this is subject to the corresponding surcharge.

A reasonable price increase shall also be made in particular if:

  • the type and scope of the agreed delivery or service has been changed due to the customer;

  • The material or the execution undergoes changes because the documents supplied by the customer did not correspond to the actual conditions or were incomplete;

  • Additional costs of assembly work, storage and material management costs in the event of unforeseen interruptions due to delays caused by the customer;

  • Overtime allowances and allowances for night, holiday and Sunday work, which are demanded by the customer;

  • Proven excess deliveries of work and material not listed in the quotation or order confirmation.

Terms of payment

Payments for services and products are due upon receipt of the invoice before delivery of the goods. A payment agreement deviating from this can only be made between the parties in writing. In all cases, LZ is entitled to make the shipment or transfer of unpaid services and goods dependent on the provision of a security, such as the issue of an irrevocable and confirmed letter of credit or the provision of a bank guarantee by an internationally recognized bank.

There is no obligation to hand over the service or goods to the customer before receiving the required securities.

Payments for services are due upon receipt of the invoice after completion of the work ordered. If services are rendered abroad, LZ can, at its own discretion, demand either advance payment of the expected service remuneration or a bank guarantee of the same amount.

Unless otherwise stated in the order confirmation, the prices offered are ex work.

Services are charged at the agreed, current daily rate. Travel costs incurred in addition to this will be invoiced as expenses.

The customer is obliged to pay the additional costs for accommodation on site, for meals and for transport on site, as well as all additional costs in an appropriate amount, which are incurred on site or on arrival or departure.

Offsetting by the customer is only possible if his counterclaims are legally established, undisputed or recognized by LZ.

Offer and placing of order

All offers are subject to change. Catalog details as well as illustrations, weight and dimensional data are not binding. LZ expressly reserves the right to make constructive changes. Verbal and telephone agreements shall only become binding with our written confirmation. The offers are valid for a maximum of three months. The confirmed order is irrevocable.

Schedule / Delivery requirements

The binding time schedule shall be agreed separately between the parties in writing.

Delivery conditions are:

  1. Submission of the building permit

  2. Definition of the desired equipment and thus the final price.

  3. Protection of the fixed order amount by a payment obligation of a credit institution.

  4. Fulfilment of the technical conditions of the contract for work

 

LZ begins with the provision of services within 4 weeks after

  1. the existence of the building permit

  2. the signed equipment agreement and

  3. the existence of the payment obligation of the credit institution

 

A further condition is that the technical requirements for delivery are met at least 4 weeks before the planned start of construction. If the basement/sole plate is provided by the building owner, the technical requirements for the delivery of the house from the upper edge of the basement ceiling/sole plate must be met 8 weeks before the start of assembly for the house.

 

 

Shipping

Our products are carefully packaged according to industry standard practice. The recipient is liable for the transport. All risk is transferred to the customer when the goods leave LZ's warehouse or are made available to the customer at LZ. The transport costs are not included in our prices.

Terms of delivery

The agreed terms of delivery will be adhered to as far as possible, but they are only considered to be approximate. On the other hand, proven mishaps during production as well as cases of force majeure or strikes release us from any responsibility. A possible resulting delay in delivery does not entitle the customer to claim for damages and cancellation of the order. The agreed delivery times are valid from the conclusion of the contract, but at the earliest after receipt of all information required by the customer.

Guarantee and liability

We guarantee the proper functioning of our products, provided that the installation has been carried out professionally and in accordance with the purpose of the product. The shapes and dimensions indicated in our catalogs and brochures are illustrative and can be changed at any time. In case of proven material and work errors, we will provide full material replacement. We will not be liable for any further damage caused by improper handling, excessive use or natural wear and tear. This applies in particular to surface damage caused by scouring or aggressive cleaning agents that are incorrectly used for maintenance. We guarantee and are liable for materials not produced by us within the framework of the conditions of our subcontractors. Notices of defects and warranty claims do not release the customer from the obligation to pay in due time. In any case, claims against LZ become statute-barred two years after the invoice date. In the case of production according to the customer's specifications, the customer is fully responsible for ensuring that no intellectual property rights or other rights of third parties are infringed.

Product liability

With regard to product liability towards the customer, LZ does not accept any claims that exceed the warranty described above. The customer will exclude claims from product liability and other contractual and non-contractual claims against his customer within the framework of the legal possibilities and with validity also for LZ. The customer must inform LZ immediately of all claims which an end user justifies with the product liability or which could be justified with it. The customer is prohibited from acknowledging liability arising from product liability without prior agreement with LZ.

Complaints

Complaints about weight, number of pieces or quality of the delivered goods must be made within 8 days after receipt of the shipment. Any defects in the quality of the delivered goods that occur later, but before the expiry of the limitation period, must be reported immediately, but no later than within 8 days of the discovery of the damage. In both cases the notice of defects must be made by registered letter. Notifications of defects do not entitle the customer to retain or reduce invoice amounts.

Returns

Exchange and return of goods are only possible with the consent of LZ. Excluded from this are custom-made products.

Returns that are not due to incorrect delivery on our part require prior notification with us. We must charge the orderer at least 30% of the invoice amount for activities. Goods returned without our consent will be returned to the sender and will be considered as not accepted.

Retention of title

The delivered goods remain the property of LZ until they have been paid for in full. However, the customer may resell the goods within the scope of proper business operations. He hereby assigns his claims from the resale of the reserved goods to LZ. If further precautions (e.g. entry in the register or written individual assignments) are required for the legally valid establishment of the reservation of title or for the assignment of the receivables, the orderer undertakes to LZ to fulfill the necessary precautions upon first request from LZ. For any entry in the ownership register, the orderer herewith gives his permission for registration and entry. Samples and drawings remain the property of LZ, even if the customer bears all or part of the costs for this. LZ reserves the right of ownership and copyright to plans, illustrations, drawings, know-how and other intellectual property rights.

Place of performance, place of jurisdiction and applicable law
The place of performance for all obligations arising from the contract is the location of LZ. The place of jurisdiction for both parties is in Switzerland. The contractual relationship is subject to Swiss law. These general terms and conditions of sale and delivery can be changed unilaterally by LZ at any time and without consultation with the customer.

Seon and Aarau, November 2020     

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