General Terms and Conditions of SaleGeneral Terms and Conditions of Rental
General Terms and Conditions of Sale
Scope of Application
The general terms and conditions (GTC) apply to all contracts for deliveries and other services as well as work contracts for productions and construction contracts with Vertical Technik AG, Frenkendorf (VT-AG). Other agreements, in particular other general terms and conditions, are only legally effective if they are recognized by VT-AG in writing as part of the contract.
The present GTC forms an integral part of the individual contractual relationship between VT-AG and the contractor. These GTC were sent or made accessible to the contractor before the signature of the contract and he accepts them to their full extent.
Offers
The offers from VT-AG are non-binding. The information about dimensions and weights contain approximate values customary in the company and this branch of business. We reserve the right to make changes to products and services.
Unfair competition
Using specific information from an offer from VT-AG to obtain further offers from competitors is not permitted. This applies in particular to submitted documents such as the offer itself or the plans, sketches, calculations or execution proposals contained therein. This information may not be shown, provided or otherwise made accessible to third parties.
Conclusion of contract
The contract is deemed concluded when the contractor accepts the offer and it is confirmed by VT-AG with the delivery of the order confirmation. If the order confirmation does not conform with the intention of the contractor, he must complain about it within 5 working days of delivery.
Delivery times
The delivery times must be requested from VT-AG or they will be announced on the offer/order confirmation. In the case of larger orders, VT-AG is entitled to make partial deliveries.
Construction periods
Construction periods specified in the offer correspond to the average expected expenses and periods, which were estimated on the basis of the planning or the on-site inspection. Delays do not entitle the contractor to withdraw from the contract or to claim damages. Delays are reported to the contractor as soon as they can be identified. The beginning of the work, as far as this has not been defined in a binding way, depends on the availability of the professionals and equipment.
Performance obligation of the contractor
The contractor is responsible for ensuring that all necessary permits, plans, drawings, clarifications, etc. are available or have been obtained at the agreed start of construction. The existence of these documents and permits may be assumed by VT-AG without explicit control. Delays caused by the lack of such documents or permits will be charged separately. The additional costs depend on the number of workers, storage, travel and transport costs. A 230v/380v power connection and a water connection must also be provided by the contractor.
Transports
Any agreed transports will be listed separately in the offer or order confirmation. The loading of the goods at the worksite of VT-AG in CH-4402 Frenkendorf is included in the price. Transport costs, customs clearance and transport insurance as well as the unloading charges at the destination are borne by the contractor.
Force majeure
Delays due to force majeure release VT-AG from its obligations. Any additional expense will be invoiced in an appropriate amount.
Defects
If possible, defects will be rectified by VT-AG through repairs. Withdrawal from the contract (redhibition) is excluded in any case.
Guarantee and compensation
VT-AG grants a 24-month guarantee from the date of delivery of the processing of the materials used by VT-AG. If a maintenance contract is concluded that begins on the day of acceptance, the guarantee period is 60 months.
Changes made by the buyer or third parties, normal wear and tear, improper handling, use of force, vandalism and poor maintenance are excluded from the guarantee.
The warranty obligation is not triggered by minor deviations from the target appearance, which are irrelevant for the value and usability of the devices. Wearing parts as well as products which the customer partially or completely self-assemble are also excluded from the guarantee.
VT-AG's guarantee services relate to the replacement of the value of the goods, but not to labour costs and associated charges (dismantling, assembly, trips, transport, expenses). In cases in which the contractor was wholly or partially involved in the assembly, the guarantee services are limited to the services provided by VT-AG itself. Repair services on devices or systems that were not manufactured by VT-AG are also excluded from the guarantee.
If the customer requests a bank or insurance guarantee for 2 years (guarantee period) or for another period of time, the costs for this are to be borne by the customer.
Liability
VT-AG is only liable for intentional and grossly negligent conduct. In particular, there is no liability for lost profits due to late delivery and completion or construction delays. The limitation of liability also applies to the conduct of employees and assistants of VT-AG.
If VT-AG carries out works according to drawings and plans from customers, VT-AG is only liable for correct implementation in accordance with these, but not for the correctness or suitability of the plans and drawings. A further liability and claims for damages for any delays or lost profits is excluded.
Accidents
VT-AG assumes no liability for accidents that occur in connection with the operation of products from the production of VT-AG. It is the responsibility of the operator to take appropriate safety precautions and to ensure the maintenance of the system. If helpers are provided by the customer, the contractor is responsible for insuring these helpers.
Prices
For orders from a catalogue or online shop, VT-AG reserves the right to invoice these at the prices valid on the day of the order. Prices according to offers are valid for 30 days. We reserve the right to prior sale, interim rental or unexpected price changes of the raw material. The prices are quoted in Swiss Francs plus the statutory VAT.
Unforeseeable events
VT-AG is entitled to charge additional costs which were not known or could not have been known at the time the offer was prepared. If the expected additional cost exceeds 10% of the offered costs, the contractor will be informed by VT-AG of the additional costs as soon as it is apparent. Delays in assembly and dismantling work are charged at the current hourly wage per person and hour.
Terms of payment
All prices of VT-AG are non-binding Ex Works CH-4402 Frenkendorf. The list prices do not include assembly and transport costs. The order amount is due within 30 days net of the provision of the service.
In the case of deliveries to private individuals, associations and abroad, 100% of the order amount is required in advance, unless otherwise stated.
Cash discount and rebate
Cash discounts & rebates are only granted with a written agreement. Wrongful deductions will be charged.
Default of payment
In the case of default of payment, default interest of 6% or the statutory interest rate is owed from the due date. The reminder fees are CHF 50 per reminder.
Reservation of proprietary rights & Right of retention
The delivered goods shall remain the property of VT-AG until completely paid for. In the case of additional cost (e.g. return transport) the costs will be invoiced according to the expenses.
Conditions
Specific conditions are necessary for different business areas, which are defined in the form of conditions. These conditions take precedence over GTC in any case.
Applicable law & Place of jurisdiction
The legal relationship shall be governed by Swiss law. The Vienna Agreement on the International Sale of Goods (UN Sales Convention) is not applicable to international transactions. However, VT-AG reserves the right to prosecute the contractor at his place of residence.
The Place of Jurisdiction is 4410 Liestal.
General Terms and Conditions of Rental
Scope of Application
The general terms and conditions (GTC) apply to all contracts for rentals with Vertical Technik AG, Frenkendorf (VT-AG). Other agreements, in particular other general terms and conditions, are only legally effective if they are recognized by VT-AG in writing as part of the contract.
The present GTC forms an integral part of the individual contractual relationship between VT-AG and the tenant. These GTC were sent or made accessible to the tenant before the signature of the contract and he accepts them to their full extent.
Offers
The offers from VT-AG are non-binding and have a validity of 30 days from the date of creation.
Conclusion of contract
The contract is only concluded when both parties sign the rental contract. The contract must be signed by the tenant at the latest 10 days after reception of the contract or 30 days before the event.
Reservation of proprietary rights
All rental properties are only rented for a limited period of time and remain at all times the property of Vertical Technik AG.
Permits
The customer is responsible for obtaining the following permits:
- Entrance permits for the transport and assembly vehicles
- Assembly and dismantling permits (workplace noise)
- Operating permits for the rental properties
- Any other permits if necessary.
The tenant 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 provides for the entire rental term:
- Two 220 volts sockets to the installation site
- Enough light for assembly and dismantling
- Enough parking spaces near the systems for the assemblers
- Entrance tickets, parking cards and parking spaces for transport and assembly vehicles
- Entry admission tickets for the assembly staff (VIP and backstage)
- Access to any area of the system for the entire staff of VT-AG
- Lockable premises for the storage of assembly materials (tools, etc.)
Unloading/loading
The customer provides a fork lift truck with 1,5-meter-long forks and 3 tons of lifting force for loading and unloading the rental properties, which can be operated by the VT-AG assembly manager.
Transports
The transport is organized and invoiced by VT-AG.
Advertising
All Vertical logos on the rental systems must be visible at all times and shall under no circumstances be covered, pasted or painted over. If stickers are applied on the rental system for the event, they must be removed by the customer's helpers before dismantling. Painting of the driving surface by the customer or a third party is prohibited in any case.
Damage
The riding surface is subject to normal wear and tear, which is included in the rental price. However, if damages occur e.g. due to the mechanical effect of handlebars, pegs, pedals, screws, metal parts or other objects, the customer will be billed for the repair.
Liability
With the beginning of unloading, during assembly and the event, dismantling, until the end of loading, the customer is liable for the following damages to the rental properties and its assembly materials:
- Any kind of damage
- Vandalism, especially sprayings
- Theft. We recommend having the systems and their assembly materials guarded especially at night.
We also recommend that the customer take out compulsory insurance against civil liability for events. Vertical rejects any liability in the event of accidents, including to third parties.
Time schedule
It is essential to adhere to the time schedule listed. In the event of delays which are at the fault of the customer (e.g. not enough helpers or badly working helpers, etc.) and which lead to additional work or additional costs for VT-AG, an appropriate invoice will be issued subsequently.
Prices
For orders from a catalogue or online shop, VT-AG reserves the right to invoice these at the prices valid on the day of the order. Prices according to offers are valid for 30 days. The prices are quoted in Swiss Francs plus the statutory VAT.
Unforeseeable events
VT-AG is entitled to charge additional costs which were not known or could not have been known at the time the offer was prepared. If the expected additional cost exceeds 10% of the offered costs, the contractor will be informed by VT-AG of the additional costs as soon as it is apparent. Delays in assembly and dismantling work are charged at the current hourly wage per person and hour.
Terms of payment
All prices of VT-AG are non-binding Ex Works CH-4402 Frenkendorf. The list prices do not include assembly and transport costs. The order amount is due net at the latest 14 days before the day of the event.
Cash discount and rebate
Cash discounts & rebates are only granted with a written agreement. Wrongful deductions will be charged.
Default of payment
In the case of default of payment, default interest of 6% or the statutory interest rate is owed from the due date. The reminder fees are CHF 50 per reminder.
Reimbursement
If the customer decides not to have the rental property established after the contract has been concluded, he will be reimbursed 30% of the rental price as well as the transport costs.
Conditions
Specific conditions are necessary for different business areas, which are defined in the form of conditions. These conditions take precedence over GTC in any case.
Applicable law & Place of jurisdiction
The legal relationship shall be governed by Swiss law. The Vienna Agreement on the International Sale of Goods (UN Sales Convention) is not applicable to international transactions. However, VT-AG reserves the right to prosecute the tenant at his place of residence.
The Place of Jurisdiction is 4410 Liestal.