1. Contractual object
1.1. These General Terms and Conditions shall be
the basis for all contracts for the supply
of goods and services by RIBAG Licht AG,
Kanalstrasse 18, CH-5745 Safenwil.
1.2. The Terms and Conditions shall be deemed
to have been accepted by the act of ordering
products from the range through the B2B
online shop. These Terms and Conditions
shall be accepted by the buyer with binding
effect during each order at the end of the
order process by clicking the box specifically
intended for this purpose. Any terms and
conditions with contrary effect shall only be
accepted if they have been confirmed in
advance by RIBAG Licht AG without exception
in writing.
2. Offer and prices
2.1. Unless a validity period is expressly indicated,
all offers of RIBAG Licht AG are subject to
confirmation and the material concerned may
be sold to another buyer during the intervening
period.
2.2. RIBAG Licht AG reserves ownership and copyright over all diagrams, drafts and cost proposals. These documents shall be entrusted
to the buyer personally and may not be made
accessible to third parties or copied without
the written approval of RIBAG Licht AG. They
must be returned upon request.
2.3. Lighting designs that must be prepared upon
request by interested parties may be charged
to the buyer if no corresponding supply order
is subsequently placed.
2.4. The terms and conditions of purchase of the
buyer or any amendments to these Terms and
Conditions or to any other agreements shall
only be binding upon RIBAG Licht AG insofar
as acknowledged by it in writing.
2.5. A contract shall be deemed to have been
concluded upon the issue of a written order
confirmation by RIBAG Licht AG or upon shipment to the buyer following receipt of an
order. However, the issue of confirmation by
RIBAG Licht AG concerning the receipt of
an incoming order shall not have the effect of
concluding a contract.
2.6. Prices are stated ex works RIBAG Licht AG
and do not include value added tax. Unless
specified otherwise, all product prices are
stated in Swiss francs and exclude light
sources, the costs of transportation and
packaging, insurance, taxes and duties (such
as for example value added tax, ORDEA
[Swiss Ordinance on the Return, Taking Back
and Disposal of Electrical and Electronic
Appliances] through the SENS eRecycling
Foundation, WEEE costs under the EU Waste
Electrical and Electronic Equipment Directive
within the EU or customs duties), assembly,
installation, startup and other ancillary costs.
Such costs shall be borne by the buyer and
shall be charged in addition by the seller or by
the competent authorities.
3. Orders
3.1. Following the conclusion of a contract the
order may only be amended by the buyer with
the approval of RIBAG Licht AG, which shall
be conditional upon indemnification for any
additional costs. Special orders may not be
amended or cancelled.
3.2. Goods that have been ordered on a makeand-hold basis must be purchased by the
buyer within the call -off period specified.
If this period is exceeded, the goods may be
invoiced.
4. Payment terms
4.1. The following payment options are offered:
? Invoice
? Invoices shall be sent by email.
? Payment in advance
After the order has been successfully placed
the contractual partner will be sent an invoice
by email for payment in advance. For technical
reasons, the items will only be dispatched
after the amount has been credited to our account. Under certain circumstances this may
take some time. If the contractual partner requires the order as a matter of urgency and
has paid in advance, contact must be established with info@ribag.com (sending the
payment confirmation) in order to ensure that
shipment can be expedited as much as
possible.
4.2. Invoices shall be payable within 30 days without any deduction. Any other payment terms
must be agreed upon in writing.
5. Delivery periods
Delivery periods are indicated separately for
each product in the order confirmation. These
delivery periods are non-binding and are
indicated to the best of our knowledge. Any
claims to damages on account of an overshoot of the delivery period cannot be accepted
by the buyer.
6. Shipment, packaging and inspection
of the goods
6.1. RIBAG Licht AG shall decide on the method of
shipment. It shall be entitled to ship the
goods in partial deliveries. All delive ries shall
be made carriage paid to the destination
address, i.e. to the warehouse of the buyer or
any other address specified in advance. Deliveries shall be made at ground level or on a
ramp. The buyer shall make available at its
own cost the persons required for unloading.
The method of delivery is dependent upon
weight and delivery may be effected by different carriers.
6.2. The buyer must inspect the goods delivered
promptly. A signature by an employee of the
buyer shall be regarded as confirmation that
the shipment has been delivered in full and
is free from any evident damage. Goods shall
be shipped at the risk of the buyer. The risk
is therefore transferred to the buyer as soon
as RIBAG Licht AG has handed over the goods
to the shipping company.
6.3. Delivery shortfalls, incorrect deliveries or
defects may only be objected to in writing
within 10 days of receipt of the delivery.
Damage caused during transit and physical
damage to the goods delivered must be
valid from 25 May 2018 until revocation
GENERAL TERMS AND CONDITIONS
reported promptly to RIBAG Licht AG. It will
not be possible to deal with damage that is
reported too late. Packaging must be retained
for inspection. Damage caused during transit
for “ex works” deliveries must be reported
directly to the carrier.
6.4. The disposal of packaging material shall be a
matter for the buyer. If the Purchaser has his
place of business in a country in which special
legal provisions on packaging material exist
(e.g. Germany: Packaging Law), it is the Purchaser’s responsibility to comply with the
applicable legal provisions within the scope
of disposal and to join the systems (Germany:
Dual System) for the disposal of packaging
material delivered by RIBAG Licht AG at his
own expense.
6.5. In the event that the seller is affected by unforeseeable events or circumstances that are
beyond the control of the parties, such as for
example any force majeure occurrence that
renders compliance with the agreed delivery
deadline impossible, the deadline shall be
extended by the duration of such circumstances; this shall apply in particular in situations involving armed conflict, executive
action and prohibitions, delays in transportation and customs clearance, damage caused
during transit, shortages of energy and raw
materials, industrial disputes and non-delivery by an essential supplier of the seller that
is difficult to replace.
6.6. Any official or third party licences that are
necessary for the completion of facilities
shall be procured by the buyer.
7. Transfer of risk and place of performance
7.1. The place of performance for the delivery
of goods shall always be the factory or warehouse of RIBAG Licht AG. The use and risk
shall pass to the buyer with the segregation
or departure of the delivery ex works or ex
warehouse, irrespective of the pricing agreed
for the delivery (such as postage paid, CIF,
etc.). This shall also apply if the delivery is
made as part of an assembly or if the transport
is carried out or organised by RIBAG Licht AG.
7.2. In the event of loss or damage during transportation, it shall be for the buyer to raise a
claim with the carrier, and it is recommended
that the buyer ensure that the relevant facts
are officially recorded immediately.
7.3. The place of performance for contract work
and services shall be the location at which
the service is carried out, or in the event of
doubt the factory of RIBAG Licht AG. Risk
pertaining to performance or partial performance shall transfer to the buyer at the time
it is rendered.
8. Dispatch of samples
Lamps may be made available for lighting
trials on an exceptional basis for a maximum
of 60 days. Any material that is not returned
within this period shall be invoiced. Any
lamps that have been altered by the buyer
or damaged shall be invoiced under all
circumstances.
9. Return shipments
9.1. Only products from the catalogue in their
original packaging will be accepted. Any
material that has been damaged will not be
credited. Any reinstatement work shall be
charged for at cost. Any missing parts such
as fluorescent tubes, fixing material, original
packaging etc. shall be charged for.
9.2. Goods that were sold more than 6 months
previously (invoice of RIBAG Licht AG) may no
longer be taken back.
9.3. Special orders, modified standard models
(colour or finish) and light fixtures will not be
taken back.
9.4 If any return shipment is incorrectly made at
the cost of RIBAG Licht AG, RIBAG Licht AG
may invoice the costs of such a return shipment to the buyer or add them to the purchase
price in the event that a further order is placed.
10. Guarantee and warranty
10.1. RIBAG Licht AG provides a five-year manufacturer guarantee to the buyer for products produced and marketed under the RIBAG brand
in respect of products acquired after 1 September 2012. The guarantee period starts
from the date of purchase. Otherwise, the
warranty period for new goods shall extend
for a maximum of 12 months following delivery.
It shall commence upon the transfer of benefit
and risk. www.ribag.com/terms
10.2.RIBAG Licht AG warrants exclusively that the
goods delivered by it are free from production
defects and/or faulty material. Electronic
consumable parts and used goods are excluded from any warranty. The assured characteristics shall be exclusively those expressly
designated as such in product information.
Any assurance shall apply until at the latest
the expiry of the guarantee period.
10.3. If goods are produced by the seller on the
basis of design details, diagrams, models or
other specifications of the buyer, the seller’s
warranty shall be limited to a duty of diligent
execution.
10.4. In the event that proof is furnished by the buyer
of a production defect and/or faulty material,
RIBAG Licht AG may at its choosing either
provide a replacement free of charge or rectify
the defect.
10.5. All ancillary costs arising in relation to the
rectification of the defect (such as e.g. installation and dismantling, transportation, disposal, travel costs and travelling time, lifting
devices or scaffolding) shall be borne by the
buyer.
10.6. Invoices for maintenance work carried out by
the buyer or by a third party shall only be
accepted if the seller has been given advance
written notice of these costs and the seller
has confirmed in writing that it will cover the
costs. Otherwise, the warranty shall lapse
immediately in the event that the buyer or a
third party makes any changes or carries out
any repair work without the written approval
of the seller.
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