General information

Our Terms and Conditions of Sale and Delivery ("T&Cs") are binding insofar as they are declared applicable in the offer or in the order confirmation. By placing an order, the customer recognises that he has read, understood and agreed to these Terms and Conditions. Any other terms and conditions of the customer shall only be valid if they have been expressly accepted by Sager AG in writing. All agreements and legally relevant declarations of the contracting parties must be in writing in order to be valid. Declarations in text form which are transmitted or recorded by electronic media shall be deemed equivalent to the written form if confirmed by the recipient. Sager AG is authorised to call in subcontractors for the execution of certain work and/or the production of certain parts of the order.

Changes to the VLB are withheld, available in an updated version on the homepage and valid for deliveries from the time of the change

1. offer, conclusion and scope of delivery

1.1 Offers submitted by Sager AG are always subject to change. Orders or commissions placed by the customer are binding for the customer.

1.2 The purchase contract shall be concluded, at our discretion, by acceptance of the customer's order or by order confirmation from Sager AG or by fulfilment of the order. If our acceptance of the order and our order confirmation contradict each other, the latter shall be deemed binding. Employees of Sager AG are not authorised to make deviations from existing agreements in writing.

1.3 The scope of Sager AG's delivery is determined exclusively by the written offer and/or (see Clause 1.2) the written order confirmation. In addition, all information contained in the respective valid information materials (e.g. price lists, advertising brochures, data sheets) or electronic information media of Sager AG shall be of an informative nature only and shall not be legally binding, unless such information has been expressly declared to be part of an agreement between Sager AG and the customer. In any case, Sager AG shall be entitled to refer to the relevant SIA or DIN EN standards with regard to dimensional tolerances. The deliveries and services of Sager AG are exhaustively listed in the order confirmation, including any enclosures thereto. Sager AG is authorised to make changes that lead to improvements, provided that these do not result in a price increase.

2. prices, payments and returns

2.1 Our prices are exclusive of VAT. We are entitled to increase our prices appropriately even after conclusion of the contract, in particular to take account of external influences such as changes in the price of raw materials, freight and transport surcharges, etc. etc.

2.2 Deliveries with a net goods value of CHF 2,000 or more shall be made carriage paid to a construction site, warehouse or valley railway station accessible by lorry. Deliveries with a net goods value of less than CHF 2,000 shall be subject to a freight surcharge of at least CHF 130. Each additional unloading point will be charged with a surcharge of at least CHF 50. For orders with a goods value of up to CHF 500, a small quantity surcharge of CHF 50 will be charged. For deliveries to mountainous areas (according to our list) and / or where access is difficult (in particular those with width or weight restrictions), freight surcharges of at least CHF 150 will be invoiced. We must be notified in writing in good time of any difficulties in this respect. The surcharge for fixed deadlines (+/- 30 min.) is CHF 80. Delivery is made on one-way pallets or pallets for hire. Loaned pallets will be charged and credited after return depending on their condition.

2.3 Our invoices are payable within 30 days of the invoice date. The seller is authorised to demand unjustified discount deductions. If the payment deadline is exceeded, the buyer shall owe the supplier 6 % interest on arrears from the due date without formal notice of default. Information on payment processing can be forwarded and analysed. The delivered goods remain our property until they have been paid for in full. In the event of sale, the buyer assigns to us all claims against his customer (including remuneration for labour) in the amount of the value of the reserved goods according to the invoice amount. We reserve the right to make payment experiences available to an information pool.

2.4 Customised and/or over-ordered products will generally not be taken back. Flawless standard material can only be taken back in exceptional cases after prior consultation. The costs incurred shall be borne by the customer.

3. credit check and debt collection register information

Sager AG reserves the right to make the delivery of orders dependent on a credit check or to obtain information from the debt collection register. By placing an order, the customer consents to the obtaining of credit information from third parties or the obtaining of an extract from the debt collection register. Sager AG then reserves the right to make the delivery of the order dependent on an advance payment or the provision of a security. Sager AG may then cancel or suspend an order if the customer is not creditworthy, has one or more outstanding invoices with Sager AG or if there is reasonable suspicion of fraudulent intent.

4. delivery periods and dates

4.1 Delivery periods and deadlines are only binding if such periods / deadlines have been expressly confirmed as binding by Sager AG in a separate written declaration. The delivery period shall commence as soon as the contract has been concluded, all official formalities such as import, export, transit and payment authorisations have been obtained, the payments to be made at the time of ordering and any securities have been provided, the essential technical points have been clarified and the customer has fulfilled his other contractual obligations. The delivery deadline shall be deemed to have been met if the notification of readiness for dispatch has been sent to the customer by the time it expires. Partial deliveries are permissible. Sager AG is also authorised to make deliveries or partial deliveries before the delivery date. Sager AG reserves the right to charge monthly fees of max. 5% of the value of the goods for repeated postponements of call-off orders produced.

4.2 The delivery period shall be extended accordingly:

a) if Sager AG does not receive the information required for the fulfilment of the contract in good time, or if the customer subsequently changes it and thus causes a delay in the deliveries or services;

b) if obstacles occur which Sager AG cannot avert despite exercising due care, regardless of whether they occur at Sager AG, at the Customer or at a third party. Such obstacles are, for example, epidemics and pandemics, mobilisation, war, riots, significant operational disruptions, accidents, traffic disruptions, labour disputes, delayed or faulty delivery of the necessary raw materials, semi-finished or finished products, official measures or omissions, natural disasters.

c) if the customer or third parties such as auxiliary persons are in arrears with the work to be carried out by them or are in default with the fulfilment of their contractual obligations, in particular if the customer does not comply with the terms of payment.

d) If delivery is delayed for reasons for which Sager AG is responsible, the customer must set a reasonable period of grace. If delivery is made within the grace period, the customer shall not be entitled to any compensation for delay.

4.3 The customer shall be entitled to claim compensation for delayed deliveries if it can be proven that the delay was caused by Sager AG and the customer can prove damage as a result of this delay. If the customer is assisted by a replacement delivery, the claim for compensation for delay shall lapse.

4.4 The compensation for delay shall amount to a maximum of ½% for each full week of delay, but not more than 5% in total, calculated on the contract price of the delayed part of the delivery. The first two weeks of delay do not entitle the customer to any compensation for delay.

4.5 Once the maximum compensation for delay has been reached, the customer must set Sager AG a reasonable grace period in writing. If this grace period is not complied with for reasons for which Sager AG is responsible, the customer shall be entitled to refuse acceptance of the delayed part of the delivery. If partial acceptance is economically unreasonable for him, he shall be entitled to withdraw from the contract and to reclaim payments already made against return of deliveries made.

4.6 If a specific date is agreed instead of a delivery period, this shall be equivalent to the last day of a delivery period; Clauses 4.1 to 4.5 shall apply analogously.

4.7 The customer shall have no further rights and claims due to delays in deliveries or services other than those expressly mentioned in this Clause 4. This restriction shall not apply to unlawful intent or gross negligence on the part of Sager AG, but it shall also apply to unlawful intent or gross negligence on the part of auxiliary persons.

5. transport, transfer of benefit and risk

Unless otherwise agreed, Sager AG shall deliver ex works. Dispatch route and means of transport are left to Sager AG, subject to contrary and accepted instructions of the customer. Upon handover of the goods to the first forwarding agent / carrier, regardless of whether commissioned or provided by the customer or Sager AG, the benefit and risk shall pass to the customer, even in the case of delivery carriage paid to the place of destination. The conclusion of transport and other insurance policies is the responsibility of the customer. Unloading shall in any case be the responsibility of the customer.

6. acceptance and rectification / replacement delivery

6.1 The customer must carefully inspect the delivery items immediately after delivery with regard to quantity and any defects in quality / condition, in particular but not exclusively with regard to dimensions (mass / dimensional tolerances), and report any complaints in this respect to us in writing and in detail within 10 days. Otherwise, any warranty rights and liability claims of the customer shall be forfeited. Hidden defects are reserved.

6.2 A delivery shall also be deemed to have been approved (i) if the Customer does not carry out acceptance for reasons for which it is responsible, (ii) if the Customer refuses acceptance without being authorised to do so or (iii) as soon as the Customer uses the delivery.

6.3 In the event of a timely notification of defects, the customer shall give Sager AG the opportunity to remedy the defects or make a replacement delivery within a reasonable period of time. The customer may not refuse acceptance due to minor defects which do not significantly impair the functionality of the delivery. Such defects shall be remedied by Sager AG without delay. If the defects are so serious that they cannot be remedied within a reasonable period of grace, the customer shall have the right to refuse acceptance of the defective (partial) delivery or, if partial acceptance is unreasonable for him for economic reasons, to withdraw from the contract. In this case, Sager AG can only be obliged if the delivery affected by the cancellation has been paid for. The customer shall only have the remedies for defects mentioned in clauses 4, 6 and 8. No further liability exists.

7. reservation of title 

Sager AG shall remain the owner of all its deliveries until it has received the agreed payments in full. By accepting the delivery, the customer authorises Sager AG to register the retention of title. The customer shall maintain the delivered items at his own expense for the duration of the retention of title and insure them in favour of Sager AG against theft, breakage, fire, water and other risks.

8 Warranty and liability / exclusion of liability

8.1 Sager AG shall only assume a warranty or guarantee for the quality or characteristics of the delivery item if such assurances / guarantees regarding quality / characteristics have been expressly given in writing by Sager AG. In the event of defects for which a warranty has been given, Sager AG may, at its discretion, repair or replace the goods within a reasonable period of time. The customer shall always bear the burden of proof for any defects.

8.2 Subject to Clause 8.1 above, the warranty period for deliveries shall be limited to two years, starting from the date of delivery of the goods by us or, if earlier, from our notification that the goods are ready for dispatch.

8.3 Excluded from the warranty and liability are damages which have not occurred as a result of poor material, faulty production or design or defective workmanship, e.g. as a result of natural wear and tear, defective processing, disregard of product instructions, excessive strain, unsuitable operating materials, chemical or electrolytic or other influences, as well as other reasons for which Sager AG is not responsible. Sager shall only be liable insofar as a contract between the customer and
Sager exists and the customer has paid for the goods in full in advance. In any case, any claim for damages shall be limited to the value of the goods. In the event that goods are purchased from third parties, any liability claims must be asserted against the third party.

8.4 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these terms and conditions. In particular, all claims for damages, reduction in price, cancellation of the contract or withdrawal from the contract not expressly mentioned are excluded. Under no circumstances shall the customer be entitled to claim compensation for damages that have not occurred to the delivery item itself, such as loss of production, loss of use, loss of orders, loss of profit and other direct or indirect damages. This exclusion of liability does not apply to unlawful intent or gross negligence on the part of Sager AG, but it does apply to unlawful intent or gross negligence on the part of auxiliary persons.

9 Intellectual property

Each contracting party reserves all rights to products, services, plans and technical documents etc. which it has handed over to the other. The receiving contracting party recognises these rights and shall not make the documents available to third parties in whole or in part or use them for purposes other than those for which they were handed over without the prior written authorisation of the other contracting party.

10. data protection

10.1 Personal data shall be treated confidentially and adequately protected against access by unauthorised persons. By entering personal data in a contact form or by sending e-mails, the customer consents to the processing of his personal data for a specific purpose. Sager AG complies with the provisions of Swiss data protection legislation. The customer is aware that in the case of unencrypted transmission by e-mail and http, the data could be read or even changed by third parties using special devices. Customers will be informed about interesting products and services at regular intervals. However, personal data will not be passed on to third parties.

10.2 Furthermore, please note that specialised Google services are used to evaluate and optimise the use of the website and to manage and display advertising space.

10.3 How Sager AG processes the customer's data and what options the customer has to influence this is described in the document available at www.sager.ch "General privacy policy", which takes precedence over the GTC in the event of contradictions.

11. cancellation of contract

11.1 If unforeseen events significantly change the economic significance or the content of the deliveries or services or have a significant impact on the work of Sager AG, as well as in the event of subsequent impossibility of execution, the contract shall be adjusted accordingly. If this is not economically justifiable, Sager AG shall be entitled to terminate the contract or the affected parts of the contract.

11.2 If Sager AG wishes to make use of the cancellation of the contract, it must inform the customer immediately after realising the consequences of the event, even if an extension of the delivery period has initially been agreed. In the event of cancellation of the contract, Sager AG shall be entitled to remuneration for the deliveries and services already provided. Claims for damages by the customer due to such cancellation of the contract are excluded.

12. duty to inform

The parties shall inform each other in good time of any special technical requirements and of the statutory, official and other regulations at the place of destination, insofar as they are of significance for the execution and use of the products. Furthermore, the parties shall inform each other in good time of any obstacles that could jeopardise the contractual fulfilment or lead to inappropriate solutions.

13. final provisions

13.1 Should any provision of these GTCSD prove to be void or invalid in whole or in part, the remaining provisions shall remain unaffected. The contracting parties shall replace the void or invalid provisions with new permissible provisions that best fulfil the intended purpose. The same applies accordingly to a loophole.

13.2 The assignment of rights and obligations arising from a contract by the customer requires the prior written consent of Sager AG.

13.3 Any repayment by the customer by way of set-off shall require the prior written consent of Sager AG.

13.4 All amendments to a contract must be made in writing.

13.5 Sager AG reserves the right to amend the VLB at any time. The currently binding version of the VLB can be viewed and printed at www.sager.ch.

14 Applicable law, place of jurisdiction

The contract shall be governed by Swiss law, even if Swiss conflict of laws rules refer to a different law. The United Nations Convention on Contracts for the International Sale of Goods ("CISG") is excluded. The exclusive place of jurisdiction is 5724 Dürrenäsch (registered office of Sager AG).

Status 1 September 2024