GENERAL TERMS AND CONDITIONS OF BUSINESS

General

The Customer acknowledges the terms of delivery stated below upon conclusion of the contract. All verbal agreements and agreements made by telephone must be confirmed in writing in order for them to be binding.

Conclusion of the contract

The contract shall enter into force following our written confirmation of your order.

Prices

Our prices are net “ex works” from our Rümlang factory. VAT, transportation, packaging, insurance, assembly, installation and any subsequent application support shall be charged separately. In the event of significant changes to production costs resulting from currency fluctuations, increases in import costs, increases in material prices or wages, we shall reserve the right to make proportionate price changes between the conclusion of the contract and the delivery date.

Payment terms

Our invoices are due for payment 30 days from the invoice date (date of expiry). They must be paid in Swiss francs without any discount deducted. Once the payment term has expired, the Customer shall immediately be in default without any reminder being sent, and we shall be entitled to charge late payment interest of 5 % p.a. in such cases. Counter-claims or objections regarding the purchased item shall not justify any withholding of payment.

Time of the deliveries

We shall endeavour to deliver the goods at the time specified in the order confirmation, but shall not accept any liability for delivery delays.

Risk transfer

The benefits and risks associated with the purchased item shall be transferred upon loading said item onto the means of transport at the Rümlang factory.

Warranty

WALDIS shall provide a warranty for a duration of 24 months from the date of transfer of the benefits and risks that the purchased item is free from manufacturing defects and defective workmanship. The customer undertakes to inspect the purchased item immediately upon delivery and notify any objections within 8 days of their discovery. In the event the goods are defective, WALDIS shall be entitled to either replace the defective parts free of charge, repair the purchased item or offer a reduction in the purchase price to a level deemed acceptable for the customer. The right to rescission of the purchase agreement as well as any liability for consequential damages is excluded here. If the goods are defective as a result of the failure to comply with the operating guidelines and instructions, then any warranty in place shall no longer apply.

Warranty against burglary

WALDIS shall provide a warranty for resistance grade 2 or higher safes for the theft resistance of the secure storage unit according to the Euro standard EN 1143-1, and shall do so for the duration specified in the order confirmation. WALDIS may restrict this warranty in locations that are particularly at risk or make it dependent on additional measures, such as the existence of an alarm system. In these particular cases, the alarm system must have been fully functional and in focus at the time of the burglary and must have actually triggered and conveyed this to the alarm. If not, then the burglary warranty shall expire with immediate effect.

The warranty against burglary means that WALDIS undertakes to replace the secure storage unit in question free of charge following the successful burglary of the secure storage unit mounted in place at the premises by WALDIS, but shall not oblige it to cover any consequential damages or extra costs resulting from the burglary, such as the transportation and assembly of the new secure storage unit, or the dismantling or disposal of the old secure storage unit. The customer shall in particular not be entitled to any compensation for or replacement of the contents of the secure storage item. The warranty against burglary only relates to burglaries on the premises in which the secure storage unit was located and mounted in a minimum four-point manner by WALDIS or an authorised partner company, in accordance with the most recent operating instructions. If the secure storage unit was not located, mounted or moved by WALDIS or an authorised partner company, then the burglary warranty shall expire with immediate effect.

Disclaimer

The aforementioned warranty as well as the burglary warranty include a final arrangement as regards the delivery of the purchased item. Any additional liability shall be excluded in full. In terms of any additional duties of WALDIS to be agreed separately, such as transportation, packaging, insurance, assembly and installation services, WALDIS’ liability shall be limited to intentional damages or damages resulting from gross negligence (Art. 100 para. 1 OR). The customer also acknowledges the right of WALDIS to call in the services of third party companies in connection with the aforementioned obligations, whereby the liability of WALDIS in such cases shall be limited to ensuring the careful selection of and issuing of instructions to the third party companies called in (Art. 399 para. 2 CO).

Documents and drawings

Documents and drawings are protected by copyright and shall not be made available to a third party or exploited by the customer for its own benefit without our written consent to do so. Offenders shall be liable to pay full compensation here.

Retention of title

The goods shall remain the property of WALDIS until payment is made in full. The customer hereby authorises WALDIS to enter the relevant retention of title in the retention of title register (Eigentumsvorbehaltsregister). If such entry in the retention of title register does not materialise, or if the purchased items are built-in to the customer’s property, then the customer undertakes to re-assign ownership upon becoming in arrears with the payment of the purchase price. All costs in conjunction with said re-assignment shall be borne by the customer.

Applicable law and place of jurisdiction

All purchase agreements including any assembly contracts shall be exclusively subject to Swiss law. Application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.

The place of jurisdiction for all disputes arising from or in conjunction with the agreement shall be in accordance with the provisions of the Swiss Code of Civil Procedure.