Terms of service
I. General information
1. These General Terms and Conditions of Sale and Delivery are binding if they are declared applicable in the offer or in the order confirmation. They take precedence over all other documents, namely catalogues, price lists, offers, orders etc.. Conditions of the ordering party to the contrary shall only be valid if Seven-Air has accepted them as applicable in writing.
2. All agreements and legally relevant declarations of the contracting parties shall be valid only if made in writing.
II Conclusion of contract
3. Offers and other documents shall remain the property of Seven-Air. It expressly reserves all rights thereto, in particular copyrights and other intellectual property rights. Such documents may neither be copied nor duplicated in any other way nor made accessible to third parties. It is also forbidden to use them for self-construction.
4. Seven-Air reserves the right to make design or material changes in relation to information given in offers. Information in general technical documents such as brochures shall only be binding if expressly warranted.
B. Order confirmation
5. Seven-Air shall issue an order confirmation after the customer's order has been adjusted and accepted. If an order confirmation cannot be issued within three months of the order due to a lack of technical approval and if the material prices have increased compared to the order date, Seven-Air shall be entitled to increase the price. The new prices shall be communicated by Seven-Air to the Customer. The order confirmation shall be checked for correctness immediately upon receipt.
Obvious spelling and calculation errors or other errors must be corrected and do not alter the conclusion of the contract.
6. Requests for changes shall be submitted to Seven-Air for acceptance within three days of receipt of the order confirmation. Amendments or supplements to the order confirmation must be made in writing.
7. Invoices (partial and final invoices) must be paid within 30 days without any deduction. In the event of late payment, default interest of 5% p.a. shall be due.
8. Seven-Air's purchase price claim shall not be offset against the customer's claims.
IV. Delivery dates, benefits and risks, inspection and notice of defects
9. Delivery dates and construction dates are approximate times. If the delivery is delayed, the customer is neither entitled to withdraw from the contract nor to claim damages without setting a reasonable grace period.
10. If Seven-Air is in default with the delivery of equipment for reasons for which it is not responsible (e.g. war, industrial disputes, epidemics, delayed or defective deliveries of raw materials or materials, etc.), no consequences of default shall arise.
11. The risk shall pass to the customer when the goods leave Seven-Air's warehouse or production site. If dispatch is delayed at the request of the customer or for other reasons for which Seven-Air is not responsible, the risk shall pass to the customer at the time at which delivery was originally agreed. The customer is obliged to carefully inspect the products immediately after delivery. Defects, missing parts or deviations from the order confirmation must be reported in writing by the customer within eight days of receipt, otherwise the delivery shall be deemed approved.
12. If the goods are not accepted on the agreed date, Seven-Air shall be entitled to charge the customer for the goods and to store them at the customer's expense and risk. The storage charges shall amount to 0.8% of the value of the goods per 30 days..
V. Warranty, remedy of defects and liability
13. The warranty period for Seven-Air products is two years, regardless of whether they are integrated into an immovable work after purchase or not. The period shall commence upon delivery to the purchaser.
14. Seven-Air may fulfil its warranty obligation at its own discretion by subsequent delivery of defect-free goods or by subsequent improvement, whereby replaced parts shall become the property of Seven-Air. Further claims, namely claims for damages for direct or indirect damage, are excluded. In the event of defects in material purchased by Seven-Air from third parties, the warranty shall be limited to the guarantees given to Seven-Air by the supplier.
15. The warranty does not cover, in particular, wearing parts such as seals, nozzles, filters, drive belts, etc. Any warranty is excluded for defects caused by improper handling of or on the delivered equipment (e.g. improper third-party assembly, storage, adjustment, incorrect operation, non-compliance with operating and maintenance instructions, etc.). Likewise, any warranty for defects resulting from the violation of legal regulations at the place of use of the equipment shall be excluded, unless Seven-Air has been notified of these regulations in writing prior to the order confirmation.
16. Interventions by the customer within the warranty period without the express consent of Seven-Air shall release Seven-Air from any obligation. The assertion of any defects after two years from the date of delivery is excluded. Seven-Air shall replace or repair defective products free of charge within the warranty period. There are no further claims, in particular no claim to a reduction of the purchase price.
VI. Retention of title and assignment of claims
17. Ownership of products supplied by Seven-Air shall not pass to the customer until the invoice has been paid. The customer must insure the goods appropriately, but may dispose of them within the scope of his business activities. Seven-Air shall be entitled to have this retention of title entered in the retention of title register (Art. 715 ZGB).
18. If the customer sells products which he has purchased from Seven-Air before he has acquired ownership by paying the invoice, he shall be obliged to assign his purchase price claim to the extent of the credit balance of Seven-Air. Seven-Air shall be entitled at any time to demand the written assignment and notification to the third party or to carry it out itself. The assignor shall remain jointly and severally bound to Seven-Air. In order to secure the assigned claim, the customer shall be obliged to register a building handicraft lien at Seven-Air's first request. VII Place of jurisdiction and applicable law.
19. Exclusive place of jurisdiction is Lucerne.
20. Swiss law shall apply. The application of the Vienna Sales Convention is excluded.
21. These General Terms and Conditions shall be effective from 1
December 2022 and supersede all prior provisions.
December 2022 - Seven-Air Gebr. Meyer Ltd.