General Terms and Conditions of Sale
Scope
These General Terms and Conditions (GTC) apply to all contracts for deliveries and other services, as well as contracts for work and services for productions and construction orders with Vertical Technik AG, Frenkendorf (VTAG). Other agreements, in particular other GTC, are only legally valid if they are acknowledged in writing by VTAG as an integral part of the contract.
These GTC form an integral part of the individual contractual relationship between VTAG and the buyer. These GTC were provided or made accessible to the buyer prior to signing the contract, and the buyer fully acknowledges them by entering into the purchase agreement.
Offers/Quotations
VTAG’s offers are non-binding. Information on dimensions and weights are approximate values customary in the company and the industry. Changes to products and services are reserved.
Unfair competition
It is not permitted to use specific information from a VTAG quotation to obtain further quotations from competitors. This applies in particular to submitted documents such as the quotation itself or any plans, sketches, calculations, or execution proposals contained therein. This information may neither be shown nor handed over to third parties, nor otherwise made accessible to them.
Conclusion of contract
The contract is concluded upon the buyer’s acceptance of the quotation. VTAG confirms this by sending a written order confirmation. If the order confirmation does not correspond to the buyer’s intention, the buyer must object within 5 working days of receipt; otherwise, the order confirmation shall be deemed accepted.
Delivery times
Delivery times must be requested from VTAG or are stated in the quotation and/or order confirmation. For larger orders, VTAG is entitled to make partial deliveries.
Construction deadlines
Construction deadlines stated in the quotation correspond to the average expected effort and duration estimated based on planning or an on-site inspection. Schedule delays do not entitle the buyer to withdraw from the contract or claim damages. Delays will be communicated to the buyer as soon as they become apparent. Unless the start of work has been fixed as binding, it depends on the availability of skilled personnel and equipment.
Buyer’s obligations
The buyer is responsible for ensuring that, by the agreed start of construction, all necessary permits, plans, drawings, clarifications, etc. are available or have been obtained. VTAG may assume the existence of these documents and permits without explicit verification. Delays caused by the absence of such documents or permits will be invoiced separately. Additional costs depend on the number of workers and on storage, travel, and transport costs. A 230V/380V power connection as well as a water connection must be provided by the buyer free of charge.
Transport
Any agreed transport services are listed separately in the quotation and/or order confirmation. Loading the goods on VTAG’s factory premises in CH-4402 Frenkendorf is included in the prices. Transport costs, customs clearance and transport insurance, as well as unloading costs at the destination, are borne by the buyer.
Force majeure
Delays due to force majeure release VTAG from its obligations. Any additional effort will be invoiced at a reasonable rate.
Defects
Where possible, defects will be remedied by VTAG through rectification. Withdrawal from the contract (rescission) is excluded in all cases.
Warranty and damages
VTAG grants a warranty of 24 months from the delivery date on the workmanship of the materials used by VTAG. If a maintenance contract starting on the acceptance date is concluded, the warranty period granted is 60 months.
Excluded from the warranty are modifications by the buyer or third parties, normal wear and tear, improper handling, use of force, vandalism, and insufficient maintenance.
Warranty obligations are not triggered by minor deviations from the agreed condition that are insignificant for the value and usability of the equipment. Wear parts, as well as products that the customer has assembled in part or in full, are also excluded from warranty coverage.
VTAG’s warranty services relate to replacement of the value of the goods, but not to labor and ancillary costs (disassembly, assembly, travel, transport, expenses). In cases where the buyer was involved in the installation in whole or in part, warranty services are limited to the services provided by VTAG itself. Repair work on equipment or systems not manufactured by VTAG is also excluded from the warranty.
If the customer requires construction warranty insurance, a bank or insurance guarantee for 2 years (warranty period) or for any other period, the associated costs shall be borne by the customer.
Liability
VTAG is only liable for wilful misconduct and gross negligence. In particular, there is no liability for lost success due to late delivery and completion or construction delays. The limitation of liability also applies to the conduct of VTAG’s employees and auxiliary persons.
If VTAG performs work according to customer drawings and plans, VTAG is liable only for correct implementation in accordance with those documents, but not for the correctness or suitability of the plans and drawings. Any further liability and claims for damages for any delays or lost profits are excluded.
Accidents
VTAG assumes no liability for accidents arising in connection with the operation of products from VTAG’s production. It is the operator’s responsibility to ensure appropriate safety precautions and to ensure the maintenance of the facilities. If customer-side helpers are involved, the buyer is responsible for insuring these helpers.
Prices
For orders from the catalogue or online shop, VTAG reserves the right to invoice the prices valid on the day of the order. Prices according to quotations are valid for 30 days. Prior sale, prior rental, or unexpected raw material price changes are reserved. Prices are in Swiss francs excluding statutory VAT.
Unforeseeable circumstances
VTAG is entitled to invoice additional effort that was not known and could not have been known at the time the quotation was prepared. If the expected additional effort exceeds the quoted costs, VTAG will inform the buyer of the additional costs as soon as this becomes apparent. Additional effort will be invoiced at VTAG’s agreed hourly rate per person and hour.
Payment terms
All VTAG prices are non-binding EXW CH-4402 Frenkendorf. List prices do not include installation and transport costs. The order amount is due net within 30 days of performance or according to the terms stated in the quotation.
For deliveries to private individuals, associations, and abroad, unless otherwise stated, the full order total will be invoiced in advance and is due for payment.
Cash discount and discount
Cash discounts & discount deductions are granted only by written agreement. Unauthorised deductions will be charged subsequently.
Late payment
In the event of late payment, default interest of 6% or the statutory interest rate is due from the due date. Reminder fees are CHF 50 per reminder.
Retention of title & right of retention
The delivered goods remain the property of VTAG until paid in full. In the event of additional effort (e.g. return transports), costs will be invoiced according to effort.
Conditions
Specific terms are required for different business areas and are defined in the form of conditions. These conditions take precedence over the GTC in all cases.
Applicable Law & Jurisdiction
The legal relationship is subject to Swiss law. In international transactions, the Vienna Convention on Contracts for the International Sale of Goods (CISG) is not applicable. However, VTAG reserves the right to sue the buyer at their place of residence.
Place of jurisdiction is 4410 Liestal
General Terms and Conditions for Rental
Scope
These General Terms and Conditions (GTC) apply to all rental contracts of Vertical Technik AG, Frenkendorf (VTAG). Other agreements, in particular other GTC, are only legally valid if they are acknowledged in writing by VTAG as an integral part of the contract.
These GTC form an integral part of the individual contractual relationship between VTAG and the lessee. These GTC were provided or made accessible to the lessee prior to signing the contract, and the lessee fully acknowledges them.
Offer/Quotation
VTAG’s offers are non-binding and are valid for 30 days from the date of issue.
Conclusion of contract
The contract is concluded only when the rental agreement has been signed by both parties. It must be signed by the renter no later than 10 days after delivery or 30 days before the event.
Retention of title
All rental items are rented out for a limited period only and remain the property of Vertical Technik AG at all times.
Permits
The customer is responsible for obtaining the following permits:
– Access permits for transport and installation vehicles
– Installation and dismantling permits (work noise)
– Operating permit for the rental items
– Any other required permit
The lessee is liable to Vertical Technik AG for any additional effort due to missing permits, in particular blocked material that cannot be set up, dismantled, delivered, or transported away due to missing permits.
Infrastructure
The customer shall provide for the entire rental period:
– Two 220-volt sockets at the installation site
– Sufficient light for installation and dismantling
– Sufficient parking spaces near the facilities for the installers
– Entry tickets, parking tickets and parking spaces for transport and installation vehicles
– Admission tickets for the installation staff (VIP and backstage)
– Access to any area of the facility for all VTAG personnel
– A lockable room for storing installation materials (tools, etc.)
Unloading/Loading
For unloading and loading the rental items, the customer shall provide a forklift with 1.5-metre forks and a lifting capacity of 3 tonnes, which may be operated by VTAG’s installation manager.
Transport
Transport is organised and invoiced by VTAG.
Advertising
All Vertical logos on the rental items must be visible at all times and may under no circumstances be covered, taped over, or painted over, unless a different arrangement has been agreed in writing. If the customer applies stickers to the rental items for the event, these must be removed by the customer’s helpers before dismantling. Painting the riding surface by the customer or by third parties is prohibited in all cases.
Damage
The materials are subject to normal wear and tear during proper use, which is included in the rental price. However, if damage occurs, e.g. due to mechanical impact from handlebars, pegs, pedals, screws, metal parts, or other objects, the repair will be invoiced to the customer afterwards.
Liability
From the start of unloading, during installation and the event, dismantling, until the end of loading, the customer is liable for the following damage to the rental items and their installation materials:
– Any type of damage
– Vandalism, in particular graffiti
– Theft
We recommend that the rental items and their installation materials be guarded, especially at night. We also recommend that the customer take out event liability insurance. Vertical Technik AG declines all liability in the event of accidents, including towards third parties.
Schedule
The schedule stated in the rental agreement must be strictly adhered to. In the event of delays for which the customer is responsible (e.g. not enough helpers or poorly performing helpers, etc.) that result in additional effort and/or additional costs for VTAG, these expenses will be invoiced to the customer afterwards.
Prices
For orders from the catalogue or online shop, VTAG reserves the right to invoice the prices valid on the day of the order. Prices according to quotations are valid for 30 days. Prices are in Swiss francs excluding statutory VAT.
Unforeseeable circumstances
VTAG is entitled to invoice additional effort that was not known and could not have been known at the time the quotation was prepared. If the expected additional effort exceeds the quoted costs, VTAG will inform the renter of the additional costs as soon as this becomes apparent. Delays in installation or dismantling work will be invoiced at VTAG’s current hourly rate per person and hour.
Payment terms
All VTAG prices are non-binding EXW CH-4402 Frenkendorf. List prices do not include installation and transport costs. Unless otherwise stated, the entire order amount is due net no later than 14 days before the start of the event.
Cash discount and discount
Cash discounts & discount deductions are granted only by written agreement. Unauthorised deductions will be charged subsequently.
Late payment
In the event of late payment, default interest of 6% or the statutory interest rate is due from the due date. Reminder fees are CHF 50 per reminder.
Refund
If, after conclusion of the contract and before loading, the customer decides not to have the rental items installed, 30% of the rental price as well as the transport costs will be refunded to the customer.
Conditions
Specific terms apply to rentals and are defined as conditions in the rental agreement. These conditions take precedence over the GTC in all cases.
Applicable law & place of jurisdiction
The legal relationship is governed by Swiss law. For international transactions, the Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply. However, VTAG reserves the right to take legal action against the renter at the renter’s place of residence.
Place of jurisdiction is 4410 Liestal
