{"id":1218,"date":"2024-01-18T13:30:19","date_gmt":"2024-01-18T13:30:19","guid":{"rendered":"https:\/\/confident-zhukovsky.185-178-193-234.plesk.page\/general-terms-and-conditions\/"},"modified":"2025-02-03T14:01:08","modified_gmt":"2025-02-03T14:01:08","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/emsodur.com\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

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General Terms and Conditions<\/span><\/h1>\n

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1. Scope and principles<\/h3>\n
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1.1. Scope of the General Terms and Conditions
\nThese “General Terms and Conditions” (“GTC”) apply to all legal relationships (offers, contract negotiations, contracts) between Contec Fiber AG with registered office in Domat\/Ems (“CONTEC”) and its customers (“CUSTOMERS”) concerning (i) the sale and supply of products or works (“SUPPLY ACTIVITIES”); and (ii) the provision of services (“SERVICES”) by CONTEC to the CUSTOMERS.
\nThese GTC form an integral part of the legal relationships and in particular contracts existing between CONTEC and the CUSTOMER, unless explicitly agreed otherwise. Provisions deviating from these GTC shall only become legally binding if they are expressly offered by CONTEC or expressly accepted by CONTEC in writing.
\nBy placing an order with CONTEC, the CUSTOMER confirms, accepts and agrees that the sale and delivery of DELIVERY ITEMS and the provision of SERVICES are governed by these GTC. CONTEC reserves the right to amend these GTC at any time. Amendments shall apply to all legal relationships between CONTEC and the CUSTOMER established thereafter from the time of their notification to the CUSTOMER.
\nSubject to the explicit written consent of CONTEC, general terms and conditions and other contractual documents of the CUSTOMER are explicitly excluded. This also applies if general terms and conditions or other documents of the CUSTOMER have been integrated into an order or “order confirmation” of the customer or otherwise communicated to CONTEC.<\/p>\n

1.2. Offers and conclusion of contracts
\nAll offers, price lists, product descriptions, brochures, plans and the like from CONTEC are non-binding and can be changed or cancelled at any time, unless explicitly stated otherwise in the relevant document.
\nA contract with CONTEC only comes into existence on the date of approval by CONTEC. Consent is given by means of a written order confirmation (declaration of acceptance), the signing of a written contract or the fulfilment of the order by CONTEC. Orders and “declarations of acceptance” by the CUSTOMER are deemed to be mere offers to conclude a contract.
\nCONTEC’s order confirmations contain a detailed description of the DELIVERY ITEMS and\/or the SERVICES. Any requests for changes or discrepancies must be communicated to CONTEC in writing within two days of receipt of the order confirmation. If no order confirmation is issued, the description shall be derived from CONTEC’s quotation or from the written contract signed by CONTEC.<\/p>\n

1.3. Form
\nDeclarations in text form that are transmitted or recorded by electronic media (e-mail, SMS and the like) are deemed to be written declarations by a party. The sender is responsible for proving that such declarations have been received and retrieved by the recipient. Such declarations shall be deemed to have been received at the time of retrieval by the recipient.<\/p>\n

1.4. Descriptions of delivery items, services, brochures, plans and the like.
\nAll descriptions of DELIVERY ITEMS and SERVICES and information contained in brochures, plans and the like are subject to technical changes and improvements. In principle, the information shall only reflect the contractual characteristics of DELIVERY ITEMS and SERVICES if this is expressly stated.<\/p>\n

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2. Delivery items<\/h3>\n
\n

2.1. Order, object and scope
\nCONTEC may accept orders directly from the CUSTOMER or from a third party authorised by the CUSTOMER verbally or in writing, e.g. a building owner (“THIRD PARTY”). Orders placed by a THIRD PARTY shall be deemed to be orders in the name and for the account of the CUSTOMER. Only CONTEC and the CUSTOMER are authorised and obligated from these orders – in the event of their acceptance by CONTEC and irrespective of the legal relationship between the CUSTOMER and the THIRD PARTY.
\nArticles not stocked by CONTEC or customised products, in particular DELIVERY ITEMS made to measure or according to other customer specifications (“SPECIAL PRODUCTS”), must always be ordered in writing. The customer is obliged to accept the ordered quantity in full.
\nThe subject matter and scope of the DELIVERY ITEMS are set out in CONTEC’s order confirmation. Section 1.2 applies in all other respects paragraph 3 of these GTC.
\nSubsequent changes to the orders by the CUSTOMER can, if at all possible, only be carried out at the expense of the CUSTOMER.<\/p>\n

2.2. Packaging, provision or delivery of delivery items
\nThe provision or delivery of the DELIVERY ITEMS (“DELIVERY”) shall be made in accordance with the packaging units specified in the price lists. Special packaging will be charged to the CUSTOMER additionally.
\nCONTEC shall provide or make the DELIVERY to the place agreed with the CUSTOMER in each case (in accordance with the Incoterms 2010 agreed in each case).
\nAny transport damage and shortages must be noted in writing on the delivery note and confirmed in writing by the carrier on the delivery note. If the DELIVERY is made by post or rail, a statement of facts must be requested from the relevant post office or railway station on the day of delivery. In the event of non-compliance with these instructions, CONTEC shall cease to be liable for compensation.
\nIf the DELIVERY is delayed or made impossible for reasons for which CONTEC is not responsible (e.g. refusal of acceptance, postponement of the date, etc.), the DELIVERY ITEMS will be stored at the expense and risk of the CUSTOMER.
\nIn the case of DELIVERIES deposited at the agreed delivery time in the absence of the CUSTOMER at the place of unloading, CONTEC assumes no liability for damage or loss of the DELIVERED ITEMS. The CUSTOMER accepts the DELIVERY ITEMS as received without signing the delivery notes.
\nIn case of self-collection of DELIVERY ITEMS from CONTEC warehouse, loading is the responsibility of the CUSTOMER. If the CUSTOMER or THIRD PARTY wishes to be loaded by CONTEC, CONTEC assumes no liability for any resulting damages. The CUSTOMER is responsible for the operational safety of the vehicle, in particular the securing of the load, compliance with the permissible payload and compliance with the occupational safety rules of CONTEC by its employees or agents on the CONTEC premises.<\/p>\n

2.3. Guarantee
\nCONTEC warrants to the CUSTOMER that the DELIVERED ITEMS do not exhibit substantial defects in workmanship or material at the time of delivery or dispatch. Any additional material warranty as well as any legal warranty are expressly excluded.
\nThe CUSTOMER shall immediately inspect the delivered ITEMS upon arrival at the agreed delivery location and shall submit any complaints in writing to CONTEC within 7 working days (date postmark prevailing). If he fails to do so or if the DELIVERY ITEMS are processed without inspection, the DELIVERY ITEMS are deemed to be accepted.
\nIf defective DELIVERY ITEMS are processed by the CUSTOMER or THIRD PARTIES without the written consent of CONTEC, the warranty is void.
\nAfter asserting defects, CONTEC may subsequently optionally either examine the affected DELIVERY ITEM on site or request that the DELIVERY ITEM be returned to CONTEC. CONTEC will examine the warranty claim and inform the CUSTOMER whether the asserted claim falls under the warranty or not. Until the complaint is finally clarified, the CUSTOMER has to keep the DELIVERY ITEM.
\nIf a warranty case exists, CONTEC shall at its own discretion repair or replace any defects in the DELIVERED ITEM free of charge. A right to withdraw from the contract (conversion), to reduce the purchase price (reduction) or to replace the contract is excluded.
\nIf there is no warranty case, the CUSTOMER shall bear all costs incurred by CONTEC as a result of asserting the claim not covered by the warranty.
\nWarranty claims expire, subject to an explicit provision to the contrary, after the expiration of two years after the DELIVERY of the respective DELIVERY ITEM. For DELIVERY ITEMS replaced or repaired by CONTEC, the period of two years shall apply from delivery of the original DELIVERY ITEM.
\nAny cooperation by CONTEC in the identification of defects or their elimination takes place without any prejudice to the existence and scope of the warranty.<\/p>\n

2.4. Liability and exclusion of liability
\nLiability is governed by the applicable statutory provisions. However, CONTEC shall not be liable under any circumstances for (i) slight negligence; (ii) indirect, indirect and consequential damages and loss of profits; (iii) unrealised savings; (iv) damages resulting from late DELIVERY or SERVICE, and (v) any acts and omissions of CONTEC’s auxiliaries, whether contractual or non-contractual.
\nCONTEC is also not liable for damage caused by force majeure, in particular natural events, ice, snow, fire, strikes, war, terrorist attacks, official orders and supply shortages of raw materials. Furthermore, CONTEC is not liable for damages that are due to improper, contrary to the contract or unlawful use of its DELIVERED ITEMS or to insufficient cooperation of the CUSTOMER.
\nFurthermore, CONTEC shall not be liable for damages due to any of the following causes:<\/p>\n

    \n
  • faulty execution by the user, in particular the non-application and\/or non-compliance with the documents attached to the design (general execution details, instructions for use and use, post-treatment, etc.), as these are part of the CONTEC solution.<\/li>\n
  • incorrect or incomplete design parameters (loads, subsurface characteristics, exposures, etc.);<\/li>\n
  • use of faulty design programs;<\/li>\n
  • external influences such as underrinsing, subsidence, slope slides, etc.<\/li>\n
  • Violation of obligations as a CUSTOMER according to Clause 7 of these GTC.<\/li>\n<\/ul>\n

     <\/p>\n<\/div>\n<\/div>\n

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    3. Withdrawals<\/h3>\n
    \n

    DELIVERY ITEMS are generally not taken back. In exceptional cases and only for standard products according to the catalogue, original, complete, undamaged, dry and clean DELIVERY ITEMS will be returned subject to a prior written agreement under certain conditions.
    \nWithdrawals are excluded for SPECIAL MANUFACTURES.<\/p>\n

     <\/p>\n<\/div>\n<\/div>\n

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    4. Services<\/h3>\n
    \n

    4.1. Subject matter and scope
    \nIn particular, CONTEC provides SERVICES in the field of static design and support for planners (preparation of tender documents, etc.) and support in the elaboration of execution documents (calculations, planning documents, etc.)
    \nAll values included in the measurements of fibrous concrete produced using Fibrofor High Grade, Fibrofor Diamond or Concrix are average values determined by recognized testing laboratories. As the individual values may vary due to local differences in aggregates and cement properties, suitability tests and measurements must be carried out prior to the use of concrete grades which differ from the EN-classified grades.
    \nThe measurements and the information and files contained therein are based on the principles, formulas and safety provisions of the valid European standards and the Fibre Concrete Directive (\u00d6BV).<\/p>\n

    4.2. Provision
    \nThe CUSTOMER has to check the SERVICES immediately after provision and to submit any complaints in writing to CONTEC immediately, but at the latest within 7 working days. If he fails to do so, the SERVICES shall be deemed accepted.<\/p>\n

    4.3. Liability or warranty in case of responsibility for results
    \nUnless expressly agreed otherwise, CONTEC is liable to the CUSTOMER only for the careful execution of the SERVICES, thus assumes no responsibility for the results of the SERVICES.
    \nThe SERVICES of CONTEC are based on documents provided and initial parameters (loads, subsurface characteristics, exposure) of the CUSTOMER or THIRD PARTIES. The topicality, completeness and correctness of the documents is the responsibility of the CUSTOMER. CONTEC assumes no liability for incorrect documents, original sizes or designs.
    \nNo liability claims against CONTEC can be derived from any advice on the choice of material.
    \nFor the rest, reference is made to clause 2.4 of these GTC for liability.
    \nIn the event of a liability for results on the part of CONTEC, clause 2.3 of these GTC applies<\/p>\n

     <\/p>\n<\/div>\n<\/div>\n

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    5. Prices, invoicing and fees<\/h3>\n
    \n

    Prices are based on the respective offers, price lists at the time of ordering, etc. of CONTEC.
    \nAll prices and fees are exclusive of VAT and net. VAT and other charges are borne by the CUSTOMER.
    \nThe prices are based on the agreed place of delivery (and the respective agreed IN-COTERMS 2010, cf. clause 2.2 of these GTC).
    \nThe minimum invoice value is CHF 80.00.
    \nInvoicing shall be made at CONTEC’s discretion in advance or after DELIVERY or provision of the SERVICE.
    \nInvoices from CONTEC are to be paid according to the offer. No deductions may be made from invoiced amounts unless explicitly agreed otherwise. Offsetting against counterclaims is not permitted.
    \nA discount deduction is only permissible if it is expressly stated on the invoice and the invoice is paid within the specified period. The date of receipt of payment at CONTEC is decisive for the compliance with the deadline. Unjustified discount deductions will be charged.
    \nThe due date is also the expiration date. If invoices are not paid within the payment period, default interest of five percent (5%) per year and the payment of reminder fees shall be due from the due date, without further notice being required. CONTEC expressly reserves the right to assert further damages due to delay as well as the withdrawal from the contract and the assertion of further claims for damages. In the event of default of payment by the CUSTOMER, CONTEC is entitled to arrange the collection at the expense of the CUSTOMER by a third party.
    \nAny complaints about invoices must be submitted in writing within 14 days of receipt of the invoice, otherwise invoices are deemed to be accepted. Payments must also be made on time, if non-essential parts of a DELIVERY ITEM and\/or the SERVICE that do not make the use of the DELIVERY ITEM impossible, are missing or need to be reworked.<\/p>\n

     <\/p>\n<\/div>\n<\/div>\n

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    6. Delivery periods and dates<\/h3>\n
    \n

    CONTEC always endeavours to meet agreed delivery deadlines and deadlines. CONTEC cannot, however, guarantee compliance with delivery deadlines and deadlines. In particular, it may be due to delays by the CUSTOMER or third parties, such as delayed planning and\/or static and\/or other approvals or late signing of time-relevant supplements or changes proposed by the CUSTOMER to the DELIVERED ITEM or the SERVICE or the scope of the DELIVERED ITEM or the SERVICE, or more generally due to lack or insufficient preparation or support by the CUSTOMER or third parties or due to new findings regarding the delivery date. incidents, for which CONTEC is not liable.<\/p>\n

     <\/p>\n<\/div>\n<\/div>\n

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    7. Obligations of the CUSTOMER<\/h3>\n
    \n

    The CUSTOMER is obliged to carry out all preparatory and support actions in relation to the DELIVERY ITEMS and SERVICES correctly and in a timely manner. In particular, the CUSTOMER shall provide the information required for the delivery items and SERVICES in good time and shall inform CONTEC in writing of any special official and other regulations, guidelines and peculiarities.
    \nThe CUSTOMER is obliged to follow all instructions, assembly and processing instructions of CONTEC in accordance with packaging, brochures and technical instructions concerning the DELIVERED ITEMS and SERVICES. In particular, the documents attached to the design (general execution details, application and use instructions, post-treatment, etc.) must be taken into account. The brochures and technical instructions are available from CONTEC if not supplied.<\/p>\n

     <\/p>\n<\/div>\n<\/div>\n

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    8. Other provisions<\/h3>\n
    \n

    8.1. Involvement of third parties
    \nCONTEC is entitled to involve third parties for the performance of the contract. To the extent permitted by law, CONTEC is not liable for the services of third parties engaged.<\/p>\n

    8.2. Ownership and Intellectual Property Law
    \nCONTEC or its licensors, if any, remain the owner of all rights in all DELIVERED ITEMS and SERVICES, descriptions, prospectuses, plans, documents and data carriers, including patent, copyright or other intellectual property rights. The CUSTOMER acknowledges these rights of CONTEC or its licensors.
    \nCONTEC confirms that, to the best of CONTEC’s knowledge, the descriptions of DELIVERABLES and SERVICES, brochures, plans, documents and data carriers provided to the CUSTOMER do not infringe the rights of third parties. CONTEC does not guarantee, however, that the descriptions of DELIVERABLES and SERVICES, brochures, plans, documents and data carriers provided to the CUSTOMER do not infringe the rights of third parties.
    \nDELIVERY ITEMS remain the property of CONTEC until payment is received. The CUSTOMER is obliged to participate in measures to protect the property of CONTEC. The CUSTOMER authorizes CONTEC to register their property in the corresponding retention of title register, if CONTEC wishes such registration.<\/p>\n

    8.3. Invalidity
    \nShould individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.<\/p>\n

    8.4. Applicable law and place of jurisdiction
    \nAll legal relations between the CUSTOMER and CONTEC are subject to substantive Swiss law. The Vienna Sales Convention (CISG) does not apply. The exclusive place of jurisdiction is the seat of CONTEC. CONTEC is, however, free to also appeal to the competent court at the seat or domicile of the CUSTOMER.<\/p>\n

    Domat\/Ems, January 2018<\/em><\/p>\n<\/div>\n<\/div>\n<\/section>\n

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