General Terms and Conditions

1 – General

These General Terms and Conditions govern the relationship between the customer (hereinafter referred to as the Customer) and GF+Service+Maschinen GmbH. The customer accepts these general terms and conditions with every order or delivery.

2 – Offers and prices

All prices are quoted in Swiss francs or in euros and are net prices excl. VAT. Our prices and the prices in the online store are ex warehouse Nottwil, excluding VAT.

Transportation costs, packaging, services and deliveries not expressly agreed by us shall be invoiced separately, plus VAT. The validity period of the offers is limited to 3 months. Replacement parts will be charged at the new price within one month without return.

The details and prices listed in the GF+Service+Maschinen GmbH online store or documentation are without guarantee. Subject to availability and errors excepted.

The invoice (incl. postage, packaging and VAT) will be sent to the customer via e-mail with a detailed PDF attachment to the customer.

No written invoice will be sent by post.

2 – 1 Small quantity surcharge

For orders from Switzerland under CHF 50, a small quantity surcharge of CHF 25 will be levied.

For orders from outside Switzerland under EUR 50.- a small quantity surcharge of EUR 30.- will be charged.

3 – Documents / Records

Brochures, illustrations, drawings, project sketches, etc. are non-binding, as is the technical information contained therein.

4 – Rental conditions

The rental period begins on the day of delivery and ends when the goods are duly returned to our warehouse.

The minimum rental period is 5 working days.

All rental prices are exclusive of VAT, transportation costs and final cleaning.

For short assignments of less than 5 working days, a surcharge of 60.- will be charged.

The landlord does not provide insurance cover for the rented property. The landlord delivers the rental properties from Nottwil. From this point onwards, the tenant bears all costs and risks for the rented property.

Complaints must be reported to the Lessor by the Lessee within 2 working days of receipt of the rented property. On request, the rental company will organize transport to the place of use and return transport at the expense and risk of the hirer. Return transportation must be booked 2 days in advance.

The rental objects remain the property of the lessor in all cases and may not be sold, pledged, rented or otherwise passed on to third parties. If irregularities occur, the landlord has a right of withdrawal and repossession.

The lessee must use the rental property carefully and only in accordance with its intended use. The technical specifications must be observed. The tenant may not open or repair the rented property himself or have it opened or repaired by third parties.

The risk of loss, theft, damage, machine breakage, incorrect operation or use, etc. lies with the hirer. The costs for extraordinary wear and tear as well as for defective or missing rental objects are charged at cost or at replacement value. In particular, the lessor accepts no liability for consequential damage arising from the use or failure of the rental property, regardless of the reason for the damage.

The rented property must be returned in a good and thoroughly cleaned condition. Additional costs for cleaning and maintenance will be charged to the tenant. A visual inspection will be carried out when the rental property is returned. Hidden defects can also be reported retrospectively by the landlord.

By accepting the rented property, the tenant expressly recognizes these conditions.

5 – Delivery conditions and availability

In principle, all items shown in the GF+Service+Maschinen GmbH online store are available and will be dispatched by post after receipt of the order, unless advance payment has been agreed. The agreed delivery dates are based on the conditions at the time of the order, assuming normal material procurement and manufacturing possibilities. Partial deliveries are possible if there is insufficient stock.

Third-party products are purchased from third-party warehouses with the corresponding delivery times of the supplier. The delivery periods shall be rescheduled if:

1. a) events of any kind occur through no fault of our own which impair the orderly progress of the delivery or work for the execution of the order at our premises or those of our subcontractors;
   b) the information required for the execution of the order is not provided to us in good time or is subsequently changed;
   c) the agreed financial obligations are not met. A delay in delivery shall not entitle the customer to withdraw from the contract. Contractual penalties, consequential costs or chômage from late delivery cannot be claimed.
   d) the order or delivery falls during company vacations.

6 – Deliveries

Our deliveries or shipments are ex works at the expense and risk of the buyer. Complaints about any damage, loss or delays must be reported immediately (within 7 days at the latest) in order to clarify the causes. In the event of demonstrably faulty delivery, the goods will be replaced or credited. However, all further claims are expressly rejected.

Returns will only be accepted and credited with our express consent.

Articles supplied according to customer-specific requirements,

are not in perfect/original condition,

cannot be taken back.

6 – 1 Deliveries from Switzerland to the EU area

Orders for the EU area must always be provided with an EORI (Economic Operator’s Registration and Identification) number by the customer! You can leave this number as a message when completing the order process (under Addresses, Address tab).

Deliveries from Switzerland to the EU are always sent with a tracking number.

7 – Collection of the goods on site

The goods can only be collected by arrangement with GF+Service+Maschinen GmbH in Nottwil.

8 – Terms of payment

Payment dates are deemed to be expiry dates. Payments may not be withheld or reduced due to defects in the delivery item or counterclaims of the customer. Offsetting is excluded in any case. Unless otherwise agreed in writing, the following shall apply: payable net within 30 days.

GF+Service+Maschinen GmbH expressly reserves the right to offer orders against prepayment. Third-party products that are not in stock are only supplied against advance payment.

Make payments from within the EU by SEPA credit transfer, as otherwise higher charges may apply.

If the customer does not meet the agreed payment deadlines, he must pay interest of 8% from the agreed due date without a reminder. We reserve the right to claim compensation for further damages.

GF+Service+Maschinen GmbH reserves the right to obtain creditworthiness information prior to delivery and to pass on payment experiences to the Swiss Creditreform Association.

If payment is not made within thirty (30) days after the due date, GF+Service+Maschinen GmbH will initiate a dunning procedure. In this case, GF+Service+Maschinen GmbH reserves the right to charge reminder fees and interest on arrears in addition to the invoice. The invoice amount as well as the default interest and reminder fees can be transferred to an external debt collection company for debt collection. You are also obliged to pay the dunning costs of this company in addition to the outstanding amounts to GF+Service+Maschinen GmbH.

9 – Retention of title

The items sold shall remain our property until payment has been made in full. We reserve the right to have the retention of title for the goods credited by us registered at the buyer’s place of residence at the buyer’s expense. Under no circumstances may goods which have not been paid for in full be used as security, cover or as part of mortgages for buildings, nor may they be sold or leased without our express permission; they must be insured against all risks immediately upon receipt by the buyer.

10 – Rescission of purchase

By accepting the order confirmation, the buyer accepts our General Terms and Conditions of Contract. Should the Buyer cancel the order confirmed by us through his own fault, the Seller shall be entitled to demand a contractual penalty of 15% of the contract price, subject to the assertion of further damages.

11 – Warranty
We grant the following warranty services:

2 years on new products

1 year on second-hand appliances

The guarantee only covers any manufacturing defects, it only extends to brand new material and only covers the replacement of defective parts exclusively in our workshops or in a repair company commissioned by us. Any further guarantee is expressly excluded; in particular, the customer is not entitled to a reduction of the price payment, to the disposal of materials or to compensation for direct or indirect damage due to the time taken to perform the guarantee service. No guarantee shall apply in the event of fault on the part of the customer or third parties, in particular in the event of accidents, overloading, improper operation, defective maintenance or repairs by third parties. Consequential damage caused by defects, such as direct or indirect personal injury or damage to property, loss of profit, loss of work and earnings and operational disruptions are expressly excluded from the guarantee. There are no further guarantees.

12 – Place of performance and jurisdiction

The place of performance and jurisdiction for all disputes arising from this contract is Nottwil LU.

Swiss law applies.