GTC

1. general, scope of application

The following General Terms and Conditions of Sale, Delivery and Payment form an integral part of every contract concluded between our company and a customer. These are available at the counters of our sales outlets, on our website and in various catalogs and brochures. Accordingly, they are deemed to be known and accepted without reservation when an account is opened, an order is placed, a contract is concluded or goods are taken possession of. They take precedence over any other general terms and conditions; additional agreements, assurances or product-specific conditions remain reserved and must in any case be approved in writing by two authorized employees of our company. The Company reserves the right to amend these General Terms and Conditions at any time.

2. offers

All offers on websites, in catalogs, brochures, exhibitions, etc. are subject to change and non-binding. The company is only bound to offers that are addressed personally to our customers. Our offers are valid for a maximum of three months.
The product range can be changed at any time and without special notice. The company is not obliged to keep all items listed on web pages, in catalogs, brochures, exhibitions, etc. in stock.

3. prices

The company reserves the right to change the prices quoted at any time and without prior notice. Unless otherwise stated, prices are understood to be collected from the company’s warehouse.

4. transportation, packaging material and other costs

Any costs for transportation, installation, packaging, pallets, unloading, cranes, special machinery, etc. are not included in our prices and will be charged at the applicable rate when the invoice is issued. These costs may increase, in particular due to fuel price fluctuations and adjustments to the HVF. Surcharges apply for transportation in the mountains.
Invoiced pallets returned in perfect condition and carriage paid will be credited, whereby a usage fee will be deducted. Only the number of pallets invoiced may be returned. Pallets exceeding the pallet balance will not be credited. In the case of collection orders for pallets without simultaneous delivery of goods, a proportion of the transportation costs will be charged. Direct exchange of pallets without offsetting or crediting is prohibited.

5. deliveries

5.1. Delivery times
The company does everything in its power to meet delivery deadlines. However, these are only approximate and in no way obligate the company. Failure to meet deadlines does not entitle the customer to withdraw from the contract or to claim compensation from the company. In particular, force majeure, strike, cessation of operations, production restrictions, damage to production facilities, delay in delivery or non-delivery by a supplier, operational or traffic disruptions or similar unforeseen events independent of our will shall release the company from the fulfillment of concluded contracts within the agreed delivery period or even from their entire fulfillment in the event of impossibility of delivery.
The agreed delivery periods shall apply from the conclusion of the contract, but at the earliest after receipt of all information required from the customer.
If delivery on call has been agreed, the customer shall be obliged to call off the goods within the agreed period/date; unless a special period/date has been specified, this shall be no longer than six months from the conclusion of the contract. After expiry of this period, the company is entitled to demand immediate fulfillment of the contract. If price increases are made by the Company’s suppliers before the delivery or a partial delivery is called off, these shall be charged on for the deliveries or partial deliveries not yet called off.

5.2. Transportation and unloading
Our goods are delivered by the company itself or by a transport company commissioned by us to the address stated on the offer, order confirmation or by the customer, whereby the unloading location must be easily accessible by our vehicles. When unloading, the goods are placed on the ground next to the vehicle.
The recipient must provide the necessary assistance when unloading goods. The company will charge for any waiting time according to the applicable tariff. If the delivery has been notified but the customer or a person authorized by the customer is not present at the time of delivery, the goods shall be deemed to have been duly handed over upon unloading.
Any transport damage must be reported in writing by the customer to the Company’s supplying sales outlet and the carrier within 48 hours of acceptance of the goods.

6. transfer of benefits and risks

Benefit and risk are transferred from the company to the customer upon delivery of the goods from the point of sale or warehouse, even if the delivery is made carriage paid or under a similar clause.
The only exceptions to this are deliveries made by the Company or on its behalf by the Supplier, in which case the benefit and risk shall pass to the Customer upon unloading.

7. warranty due to defects of the item

7.1. Defects
Minor deviations in dimensions, surface quality, weight and color that are customary in the trade or due to production technology, and generally all differences that do not deviate from the applicable standards shall not be considered defects, provided that the delivered goods are suitable for the intended use. There are also no defects in the following cases: Disregard of recognized rules of the construction industry; improper handling, use, implementation or storage; violations of technical instructions or installation and maintenance services; violations of design or other regulations of our suppliers or manufacturers; natural wear and tear or excessive use.

7.2. Notice of defects
The customer or the chauffeur commissioned by the customer must check the condition of the goods immediately upon receipt. The Company shall only consider complaints regarding defects in the goods and complaints due to incomplete or incorrect delivery if they are made in writing to the delivering sales outlet within seven working days of receipt of the goods at the latest, accompanied by the delivery documents or the invoice. Defects that are not recognizable upon immediate inspection must be reported as soon as they are discovered. If the customer fails to do so, the goods shall be deemed to have been approved. The defects must be described precisely. Rejected goods may not be installed or used under any circumstances; otherwise they shall be deemed approved. The company forwards the complaint to the supplier or manufacturer concerned.

7.3. Statute of limitations
The warranty period is one year from delivery of the goods.

7.4. Warranty services
In the event of justified complaints and warranty claims, the company is entitled, at its discretion, to replace or repair the defective goods at its own expense, or to grant a price reduction, or to cancel the purchase. The retailer shall provide the same warranty for repaired or replaced goods as for the original service. Replaced or returned parts become the property of the company. In special cases, the Company may assume the installation and removal costs as well as the transportation and service expenses in whole or in part, provided that these are in reasonable proportion to the value of the goods complained about. Further claims, in particular for compensation for damage that has not occurred in any way to the delivered goods themselves (direct and indirect damage), are excluded. The warranty services provided directly to the customer by the supplier or manufacturer are reserved. Notices of defects and warranty claims do not release the customer from the obligation to pay on time.
The Company’s warranty obligation shall generally be deemed excluded if and insofar as it assumes the function of an invoicing and paying agent.

8. exchange and return of goods

Exchange and return of goods are only possible with the agreement of the company. Custom-made products and goods which the company does not keep in stock or which were delivered ex works will not be taken back. Any transportation and packaging costs shall be borne by the customer in all cases. Expired goods and opened packaging will neither be exchanged nor taken back. Returned goods will only be accepted if they are in perfect condition; they will be credited with a deduction of at least 20% from the invoice prices. The company will issue a return slip for all returns.

9. terms of payment

The terms of payment are agreed before the start of the first business relationship. KUBATEC BMT AG reserves the right to adjust the terms of payment at any time.

10. reservation of title

The Company and the Customer hereby expressly agree on a retention of title, valid on all purchase contracts concluded between the parties. The customer therefore does not become the owner of the goods sold on taking possession, but only upon payment of the entire agreed purchase price. The company is thus authorized to unilaterally arrange for the entry of the present retention of title in the public register at the debt collection office at its own expense.

11 Place of performance, place of jurisdiction, applicable law

The place of performance is the registered office of the company. For all disputes to which the contract or these General Terms and Conditions may give rise, the registered office of the company shall be the exclusive place of jurisdiction. The contract and these General Terms and Conditions are subject to Liechtenstein law. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.