GTC
General terms and conditions
1. general
1.1 The General Terms and Conditions of Contract (GTCC) apply to all sales, production, deliveries, assembly and other services by Columbus Treppen AG.
1.2 The order confirmation is deemed to be the binding text of the contract. In the event of contradictions, the provisions of the order confirmation shall take precedence over those of the GTCS. Conflicting conditions of the buyer/customer are not binding for Columbus Treppen AG.
1.3 Ancillary agreements, amendments and additions to the order confirmation and the GTC must be made in writing to be valid and must be signed by the buyer / customer and Columbus Treppen AG.
1.4 Should individual parts of the contract text and the GTC be or become invalid or contestable, or should the contract be incomplete, this shall not affect the validity and applicability of the remaining provisions of the contract text and the GTC and these shall be interpreted or supplemented in such a way that the intended purpose is achieved as far as possible.
2. offers and conclusion of contract
2.1 The offers of Columbus Treppen AG are always subject to change.
2.2 The contract shall not be deemed concluded if the order confirmation signed by the buyer / customer is rejected in writing by Columbus Treppen AG immediately after receipt.
2.3 We reserve the right to make improvements or changes to the type or design of the goods at any time, even after acceptance of the order.
3. prices
3.1 Quoted prices for goods are net and ex works, duty unpaid. If delivery within Switzerland is agreed, the prices quoted are net and carriage paid to the construction site (provided normal access by truck is available).
3.2 The one-off production of design drawings according to the customer’s planning specifications is included in the quoted price. If changes are made to the work plan on site, the customer shall be liable for any construction costs incurred.
3.3 Two-year warranty certificates are included in the basic price. Five-year guarantee certificates are charged at cost (flat rate of CHF 120 or at actual cost).
3.4 VAT is shown separately at the end. The statutory provisions apply.
3.5 The following services are not included in the quoted price unless they are expressly included in the offer: Production and delivery of samples, transport packaging for stringer and spiral staircases, delivery, dismantling, assembly, disposal, special sealing, sealing.
3.6 Soiling may occur on walls during delivery, dismantling and assembly. The removal of such soiling is not included in the price and must be borne by the customer / buyer.
3.7 If prices include assembly services, they are based on the following conditions: Installation without interruption, access to the construction site by truck and free access to the installation site, electricity included. Connection on site, required scaffolding and hoist on site, temporary storage of material in a dry and lockable room possible, site security and cleaning of the site on site.
3.8 In the event of non-compliance with the agreed and confirmed construction dimensions, Columbus Treppen AG is entitled to charge the additional time and material costs incurred at the standard rate.
4. delivery periods, delivery dates and partial deliveries
4.1 Unless expressly agreed otherwise, delivery periods/delivery dates are non-binding guidelines.
4.2 Delivery periods / delivery dates will be extended or postponed accordingly if Columbus Treppen AG does not receive information or documents from the customer on time, if the order is subsequently changed or if a payment is received late by Columbus Treppen AG. Delivery deadlines / delivery dates are met if the goods have left the factory of Columbus Treppen AG by the deadline or date or Columbus Treppen AG has informed the buyer / customer that the goods are ready for collection or dispatch.
4.3 Partial deliveries of the goods are permissible. Each partial delivery is considered a separate transaction in the case of long-term supply contracts. Impossibility of a partial delivery or delay with a partial delivery expressly does not entitle the buyer / customer to withdraw from the entire contract or to claim damages.
4.4 If the non-compliance with a delivery deadline / delivery date is not due to the exclusive and gross negligence of Columbus Treppen AG, the buyer / customer shall not be entitled to withdraw from the contract, to waive the delivery or to claim damages.
4.5 In the event of unforeseeable difficulties in the procurement of materials, strikes, operational disruptions and other cases of force majeure, Columbus Treppen AG is entitled to set a new delivery deadline or a new delivery date or to withdraw from the contract without incurring costs.
5. acceptance of the goods, transfer of risk and information obligations
5.1 If the goods are collected by the Buyer / Customer, the risk shall pass to the Buyer / Customer upon acceptance of the goods by the Buyer / Customer or a party commissioned by the Buyer / Customer (forwarding agent, carrier, etc.); in all other cases, the risk shall pass to the Buyer / Customer upon provision of the goods for delivery at the factory.
5.2 The standard packaging for stringer and spiral staircases consists only of a protective fleece for the steps. This is not transport packaging. The buyer / customer shall be liable for any transport damage.
5.3 Glued-on protective covers must be removed within three weeks, otherwise adhesive residues may occur.
5.4 If the collection or delivery is delayed or impossible for reasons for which Columbus Treppen AG is not responsible, the goods will be stored at the expense and risk of the buyer / customer at Columbus Treppen AG or a possible third party, whereby Columbus Treppen AG has fulfilled its obligations and is entitled to invoice. In such a case, Columbus Treppen AG is entitled to utilize the goods without prior notice to the buyer / customer and to offset the proceeds against its claim. If utilization is only possible with difficulty or if the costs of storage and / or utilization exceed the presumed proceeds of utilization, Columbus Treppen AG is entitled to dispose of the goods at the expense of the buyer / customer after prior notification to the buyer / customer.
5.5 The buyer / customer shall inform Columbus Treppen AG in good time of any special structural features at the installation site of the staircase, in particular concealed cables of all kinds.
6. terms of payment
6.1 Columbus Treppen AG is entitled at any time to demand an advance payment or security deposit from the buyer / customer for the handover of goods, manufacture, delivery, assembly and other services.
6.2 Invoices for advance payments are payable immediately, strictly net without discount. All other invoices are payable within 30 days of the invoice date, strictly net without discount.
6.3 The offsetting of counterclaims of any kind is excluded unless the counterclaim is undisputed or has been legally established.
6.4 In the case of several outstanding claims, Columbus Treppen AG is entitled to determine which claims are fulfilled by the payment of the buyer / customer.
6.5 After expiry of the payment deadline, default interest of 5% shall be owed without a reminder.
6.6 In the event of default of payment by the buyer / customer, Columbus Treppen AG is entitled, without prejudice to its other statutory rights, to refuse performance under this or any other contract.
7 Warranty and liability
7.1 Goods components made of solid wood or wood veneer are natural materials that may exhibit irregularities due to their nature, in particular the following in growth and color (e.g. different growth rings) as well as due to knots, resin excretions, etc. Such irregularities are neither considered a defect nor a deviation from the contract.
7.2 In the case of product components made of the wood species Afzelia / Doussié, Jatoba and Merbau, stain-like discoloration may occur immediately or subsequently on varnished or oiled wood surfaces. These discolorations are caused by chemical reactions of the wood ingredients. Such discoloration is neither a defect nor a deviation from the contract.
7.3 Irregularities, in particular color differences, bending marks, rolling marks, surface quality of black steel, etc., may occur in steel components due to the material properties and processing methods. Such irregularities shall be considered neither a defect nor a deviation from the contract.
7.4 Hot-dip galvanizing of steel components is a corrosion protection and not an optical design element. Irregularities on the surface (e.g. spots, runs, zinc splashes, scratches, etc.) and in the color as well as white rust may occur due to the process. Powder coatings on hot-dip galvanized surfaces also exhibit irregularities due to the process. Such irregularities and white rust are not considered to be defects or deviations from the contract.
7.5 Irregularities may occur in glass components as a result of processing operations, in particular Glass resp. Processing offset of +/- 2 mm. Such irregularities shall be considered neither a defect nor a deviation from the contract.
7.6 “Shading” can occur in glass components as a result of processing operations, in particular the processing of partially tempered glass (TVG) into laminated safety glass (VSG); these are anisotropies or “polarization fields”. If toughened glass is viewed in polarized light, the stress fields become visible as coloured zones (“spots”), also known as “polarization fields”. Polarized light is present in normal daylight. The amount of polarization depends on the weather and the position of the sun. The birefringence is more noticeable when viewed from a grazing angle or through polarized glasses. Such “shading” is neither a defect nor a contractual deviation.
7.7 Glass breakage and stress cracks are deemed to be due to external mechanical and/or thermal effects and are not covered by the warranty. Columbus Treppen AG recommends that the buyer / customer takes out glass breakage insurance to cover damage of this kind.
7.8 For electrical, pneumatic, mechanical and hydraulic components that are integrated into the work, as well as for control systems, the Buyer’s / Customer’s claims for defects in the work shall lapse two years after acceptance of the work, even if they are part of an immovable work.
7.9 The following are also not considered defects or deviations from the contract and are excluded from the warranty:
– defects caused by excessive humidity or excessive heating;
– with opaque colored wood parts: Hairline cracks and marking of wood bonding joints on colored surfaces;
– small scratches, greasy surfaces and the like that are not visible when viewed vertically from a distance of 3 meters;
– Adhesive residue due to delayed removal of the protective cover;
– defects caused by normal wear and tear, excessive use, inadequate maintenance and improper intervention by the buyer / customer or third parties;
– Defects due to disregarded instructions for use or rectification of defects.
7.10 The customer/buyer must notify Columbus Treppen AG in writing of any defects and contractual deviations in the goods, assembly or other services. When the goods are collected or delivered, they must be inspected and obvious defects or deviations from the contract must be reported immediately. In the case of installation by Columbus Treppen AG, the buyer / customer is obliged to sign the installer’s work report on completion of the installation and to report any obvious defects or deviations from the contract in the report. If the buyer / customer is not available for acceptance upon completion of the assembly and if obvious defects and deviations from the contract are not reported in writing within one week of completion of the assembly, the goods, assembly and other services shall be deemed to be free of defects and in conformity with the contract. Hidden defects must be reported in writing within one week of their discovery at the latest. If no notification of defects or deviations from the contract is made in due time and form, the goods, assembly and other services shall be deemed to be free of defects and in conformity with the contract and any warranty shall be excluded.
7.11 If the goods exhibit a defect for which Columbus Treppen AG is responsible, Columbus Treppen AG is entitled, at its own discretion, to deliver a replacement free of charge or to repair the goods. Further claims of the buyer / customer, in particular for damages or termination of the contract as well as for damages resulting from the use or installation of the goods or from delay, irrespective of the legal basis on which they are asserted, are expressly excluded.
7.12 The liability of Columbus Treppen AG is excluded for damage caused by a lack of information by the buyer / customer about structural features at the installation site of the staircase, in particular the lack of information about the staircase itself. concealed cables of all kinds, during drilling and other work. The exclusion of liability also applies to damages arising from loss of use, loss of production, loss of profit or any other consequential loss or pure financial loss.
7.13 The liability of Columbus Treppen AG is excluded for damages caused by employees or other auxiliary persons of Columbus Treppen AG in the performance of their duties. The exclusion of liability also applies to damages arising from loss of use, loss of production, loss of profit or any other consequential loss or pure financial loss.
8 Choice of law and place of jurisdiction
8.1 The contractual relationship shall be governed by Swiss law. The conflict of laws provisions and the Vienna Sales Convention are excluded.
8.2 The place of jurisdiction for all disputes arising from this contract and from all supplementary agreements and addenda to this contract, in particular Oberbüren, Canton of St. Gallen, Switzerland, shall be the place of performance for all work and changes to orders, as well as all other closely related contracts between the contracting parties. The place of debt collection for buyers / purchasers residing abroad is Oberbüren, Canton of St. Gallen, Switzerland.