1.1 These general conditions of sales and delivery are binding, if they are mentioned to be applicable in the quotation as well as order confirmation. Any other conditions are only valid if they have been agreed and confirmed by us in writing.
1.2 All agreements or amendments of contracts shall be effective only after agreed by both parties and made in writing.
2.1 The contract shall be effective upon receipt of our written confirmation stating the acceptance of the order.
2.2 Quotations without validity period are nonbinding.
3.1 The extent of delivery and service is fixed in the order confirmation. All material or services not mentioned in the order confirmation are invoiced additionally.
3.2 Amendments to the order confirmation can be made by us and are accepted if they result in an improvement of the delivery.
4.1 Brochures, catalogues etc. are not binding. Information in technical documentations are only valid if they have been expressly confirmed in writing.
4.2 We reserve the right to make any changes. Amendment in execution, performance, dimensions and weights in regard of drawings, sketches or descriptions in brochures, catalogues or any other sales documentations or earlier deliveries are valid as long as they do not limit the use of the goods in an important way.
4.3 The finale execution is reserved especially by new construction or special custom-made construction.
The customer shall inform us – at the latest with the order – of all legal and other prescriptions which have to be observed with regard to the delivery, installation, operation, prevention of accidents and illness (including environmental protection, exhaust water and air, electrical installation, etc.)
6.1 Our sales prices are, if not agreed otherwise, net, FCA (free carrier), CH-3150 Schwarzenburg, Incoterms 2010, in Swiss francs, without packing, transport, cargo insurance, local VAT and duties, initiation and installation costs.
6.2 We are authorized to correct the sales prices until the final execution of the order, if the costs of calculation have increased in the time between order confirmation and installation.
7.1 All payments shall be made by means of an irrevocable Letter of Credit, confirmed by a Swiss Bank or according to special agreed payment terms.
7.2 All payments have to be transferred to CH-3150 Schwarzenburg without any deduction of discounts, expenses, taxes, fees or whatever charges. Any other payment terms have to be especially agreed.
7.3 If the customer delays the agreed payments, we have the right to stop any planned delivery immediately and to charge interests of 6 % p.a.
8.1 The customer is not entitled to compensate our claims against his claims, unless we have expressly agreed to it in writing.
8.2 The assignment of claims to a third party is prohibited, unless we have expressly agreed to it in writing.
The transfer of risk of the delivered goods is at the time of loading ex our factory CH-3150 Schwarzenburg/Switzerland and/or according to the agreed Incoterms 2010.
The transfer of ownership is ruled according to the article mentioned in the order confirmation and/or invoice.
11.1 The delivery time starts upon forwarding of our order confirmation and the entire settlement of all technical questions.
11.2 The delivery time is extended adequately:
12.1 Liquidated damages must be agreed upon in writing.
12.2 The first 2 weeks of the delay are not subject to any liquidated damages.
12.3 The customer has no right for liquidated damages due to delay of the delivery or services.
13.1 The equipment are packed carefully. The packing is invoiced to the customer.
13.2 We have to be informed in time regarding special requirements of transport or cargo insurance issues. The agreed Incoterms 2010 rule the transfer of risk, the duties and rights of the seller and customer. Any objections regarding damages due to transport have to be recorded in a report established and signed by the transport agent, the truck driver or the last carrier of the goods. Copy of such a report has to be send to us immediately.
13.3 Cargo insurance is ruled according to the agreed Incoterms 2010.
The customer has to inspect the equipment within adequate time und to inform us immediately of any claims. Without this, delivery and services are accepted and approved.
15.1 We hereby warrant that the products delivered by us are free from defects in material and workmanship.
15.2 Guaranteed qualities are only those, mentioned in the order confirmation or user manual. The warranty is only valid until the end of the warranty time.
15.3 The customer has the right to demand a repair- or replacement within 12 months from the date of invoice, should the products delivered be defective. For products not produced by us, we will apply the subcontractor’s guarantee and liability obligations.
15.4 The warranty expires prematurely if the customer or a third party undertakes inappropriate modifications or repairs without prior consent. Furthermore if the customer does not take immediate actions for mitigation of damages or prevents us to do so.
15.5 Excluded from our warranty and liability are all damages, which are not proved to be due to bad material, faulty design or poor workmanship.
15.6 The customer has no other rights or claims – except those expressly mentioned in article 15.3 – if damages occur due to bad material, faulty design and execution, or missing qualities as per order confirmation.
15.7 The warranty is valid for the equipment or spare part, but not for the installation work, travelling and accommodation expenses arising in relation with the damage or claim. All damages, which result from normal wear, improper maintenance, failure to observe the operating instructions, use of any unsuitable material or accessories (chemicals etc.), are excluded from the warranty and liability.
15.8 All cases of breach of contract and their legal consequences are ruled herewith in a terminatory matter. All claims for liquidated damages, discounts, cancellation or termination of the contract are excluded. Especially compensation for consequential loss are excluded, as long as legal product liability regulations do not say otherwise.
CISG (United Nations Convention on Contracts for the International Sale of Goods) is expressly excluded.
Swiss law governs the contracts and General Terms only.
The place of jurisdiction is CH-3150 Schwarzenburg / Switzerland.
1.1 These General Terms and Conditions of Purchasing (TCP) apply to the purchasing management.
1.2 Contrary terms of the supplier or terms of the supplier deviating from these TCP will not be accepted by Grünig-Interscreen AG (GAG), unless a written agreement on this matter is available.
1.3 These TCP also shall apply if GAG accepts the delivery of the supplier without reservation while knowing of contrary or deviating terms of the supplier.
1.4 The scope of delivery, the specifications, targets, delivery dates as well as the prices will be determined in separate purchase orders. By accepting these purchase orders, individual supply contracts come into effect. These TCP constitute an integral component of those contracts.
By means of the enquiry, the supplier is requested to submit a gratuitous offer as specialist. The supplier has to base this offer on the descriptions and targets of GAG and, in case of deviations, it has to expressly point to such deviations; the supplier accepts its duty to inform. If the supplier does not set a period of time in its offer, the offer shall be binding for a period of 90 days.
3.1 Purchase orders must be made in writing; basically this shall apply also for the acceptance of the purchase order by the supplier. Irrespective of the above, a purchase order shall also be deemed as accepted if the supplier does not contradict within a period of time of 5 days after receipt of the purchase order.
3.2 The scope of delivery includes all items required for the proper functioning of the product in a manner fit for operation regardless of whether such item is or is not mentioned and described in the specification regarding the purchase order.
3.3 Further quality agreements will be determined specifically for each purchase order. Especially the following documents, records and specifications are authoritative for determining the quality: purchase order, drawings, quality agreements and standard specification sheets (information on drawings).
4.1 The prices of the supplier are deemed as fixed prices and are in the currency stated in the purchase order, DAP, delivered, duty unpaid, CH-3150 Schwarzenburg, INCOTERMS 2010.
Contrary terms of delivery will be determined by the parties in writing.
4.2 The supplier has to compensate for any transport damage due to insufficient packaging.
4.3 A delivery note with all pieces of information specific to the purchase order has to be attached to each consignment. Partial and outstanding consignments are to be identified as such on all shipping documents and invoices.
4.4 The supplier shall attach a documentation to its deliveries at its costs containing the EU declaration of conformity (so-called CE mark) or EU manufacturer’s declaration.
The supplier domiciled in a country which has a preferential agreement on customs with Switzerland undertakes to state the declaration of origin on all invoices pursuant to the corresponding free trade agreement.
4.5 GAG reserves the right to return invoiced packaging material to the supplier in exchange for issuing a credit note.
5.1 The purchase order number, exact product designation as well as the numbers of the drawing or the part are to be stated on any and all correspondence, confirmations, delivery notes, invoices, etc.
5.2 A separate invoice (1 copy only) is to be issued for each purchase order as well as each delivery.
5.3 The payment by GAG takes place pursuant to the terms of payment agreed on our purchase orders.
6.1 The delivery shall become due on the agreed date of delivery at the place of destination. In case of a delayed date of delivery, the supplier shall be in default automatically unless another solution has been agreed by the parties in case of early notification of difficulties.
6.2 Contractual penalty: The contractual penalty will be governed by a separate agreement.
6.3 The supplier only may invoke the absence of necessary services to be performed by GAG if it has requested such services in good time.
6.4 Partial deliveries and premature deliveries shall be admissible only after agreement.
6.5 If the supplier is in default regarding the delivery and if a reasonable period of grace has expired without success, GAG may refuse to accept the delivery, withdraw from the contract or claim damages due to non-performance of the delivery obligation.
6.6 If it turns out to be certain even prior to maturity of the delivery that the supplier will exceed the date of delivery, GAG also may withdraw from the contract and renounce the delivery.
6.7 Furthermore, there shall be the possibility to withdraw from the contract if it can definitely be foreseen within the course of the production that the delivery item will not be suitable.
7.1 The supplier warrants the compliance with the characteristics and specifications warranted in the respective supply contracts as well as the fact that the product supplied by it does not have any defects which impair the serviceability, reliability as well as the usual lifespan under the known operating conditions. Irrespective of that, the supplier warrants that the product to be supplied is delivered in checked and controlled manner and complies with the state-of-the-art technology, the regulations of the legislator and the existing regulations and guidelines regarding design, safety at work, fire prevention and environmental protection with regard to safety and security and is of such condition that there is no danger to life and health in case of use as intended and applying due care.
7.2 Within the framework of the obligations of the supplier under 7.1 as well as the quality assurance agreement, GAG shall not be subject to the duty to immediately examine and notify in order to maintain its warranty claims. However, this does not apply to obvious defects or such defects the notification of which can reasonably be expected from GAG in good faith for other reasons.
7.3 In deviation from the statutory provisions, the warranty period shall amount to 24 months starting with the handover to GAG. Defects notified during the warranty period, which also include the failure to submit warranted data and the absence of warranted characteristics, have to be removed by the supplier immediately and free of charge (including all additional costs) upon request. In all other respects, GAG shall be entitled to the statutory warranty claims completely. However, GAG may request substitute delivery of an item free of defects or subsequent improvement at its choice. When exercising this option, it is to be taken into account reasonably whether the supplier is able to perform subsequent improvement according to the nature of its business operation. In any case, the supplier has to bear all expenses required for the purpose of subsequent improvement or substitute delivery.
7.4 The warranty period for substitute deliveries and subsequent improvements amounts to 24 months.
7.5 GAG only shall be entitled to the right of rescission or reduction after a failure of the subsequent improvement/substitute delivery.
The subsequent improvement/substitute delivery shall especially be deemed as failed if the supplier delays such subsequent improvement/ substitute delivery beyond the reasonable periods of grace set by GAG or refuses to perform it.
7.6 If a subsequent improvement by the supplier is unreasonable for GAG due to special urgency or for other urgent operational reasons, GAG shall be entitled to have the subsequent improvement carried out by a third party at the expense of the supplier without setting a period of grace. However, in this case, GAG shall be obliged to notify the defect to the supplier immediately.
7.7 Within the framework of the characteristics warranted by it in the individual contracts, the supplier shall be liable for any damage - including consequential damage - caused by the product supplied by it.
7.8 If persons are injured or property is damaged due to acts or omissions of the supplier and if claims are asserted against GAG for this reason, GAG shall be entitled to a right of recourse to the supplier.
7.9 The supplier shall be liable for sub-suppliers as for its own performance.
8.1 To the extent that the supplier is responsible for any product damage it shall be obliged to indemnify GAG from claims for damages of third parties upon first request insofar as the cause of damage was set within the sphere of control and organisation of the supplier.
8.2 The supplier also has to reimburse all expenses to GAG within the framework of this obligation which result in connection with a recall activity carried out by GAG. To the reasonable extent, GAG will inform the supplier about recall measures to be carried out.
8.3 In order to cover the above-mentioned claims as well as any other claims arising in connection with the product, the supplier undertakes to take out a general business and product liability insurance with an appropriate coverage amount per damaging event and to maintain this insurance coverage to the full extent at least until the expiry of 5 years after expiry of the corresponding supply contracts.
The supplier shall be liable that no industrial property rights of third parties (patents, designs, models, etc.) are infringed by the delivery and use of the items offered. If need be, it shall indemnify GAG.
10.1 GAG shall make available to the supplier, to the extent necessary, all technical documents which the latter requires for performing the tasks assigned.
10.2 Prior to start of production, as-built drawings are to be made available to GAG for approval. The approval by GAG shall not release the supplier from its responsibility for the functional suitability and feasibility.
10.3 Upon request, the documents developed by the supplier based on specifications / the requirement specifications of GAG will be made available to GAG as a set of drawings which can be copied and microfilmed and/or by means of CAD data.
10.4 Upon request, the definite final plans, maintenance and operating instructions as well as spare parts lists necessary for a proper maintenance of the delivery are to be handed over to GAG free of charge in electronic form (PDF) in German or English language.
10.5 The documentation of the supplier may be copied and published without consultation with the supplier.
GAG shall be entitled to control the process of work; by doing so, the duty of the supplier to perform in accordance with the contract can neither be changed nor restricted.
If the supplier is also obliged to assemble the goods, this assembly shall be compensated for with the delivery price, unless a special remuneration is agreed.
13.1 The supplier must not use the trade and production secrets disclosed by GAG as well as GAG customer data and GAG drawings of which it learned in connection with the handling of supply contracts for purposes not stated in the supply contracts or make them accessible to third parties. The supplier is especially prohibited from producing comparable products or have such comparable products produced for other purchasers making use of the production-related know-how in any form provided by GAG. The supplier has to ensure by suitable contractual agreements that this obligation to maintain secrecy is also imposed on its employees and sub-suppliers.
13.2 This provision shall apply without limitation in terms of time. However, it shall cease to apply if and to the extent that the production know-how made available by GAG in pictures, drawings, calculations and other documents has become generally known.
14.1 Applicable law: the individual contract, the present TCP and the relevant Swiss laws.
14.2 Subject to other written agreements, the production site of GAG in Schwarzenburg, Switzerland, shall be the place of performance for all claims under the supply contracts.
15.1 Changes of and supplements to the TCP, all of them based on concluded supply contracts and the corresponding annexes, must be made in writing. This shall also apply to agreements by which this written form clause is annulled completely or in parts.
Oral arrangements or additional agreements have not been made. United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15.2 The rights and duties under these TCP as well as the supply contracts concluded based on them and the corresponding annexes shall not be transferable without mutual written consent of the parties.
15.3 If individual provisions of these TCP are invalid, the effectiveness of the remaining provisions shall not be affected. For such case, the parties undertake to agree a corresponding substitute regulation which is
By means of the present declaration, we meet our legal information duties by informing you on behalf of the data storage, the type of data, the intended purpose of this data collection as well as of our identity.
The subject matter of data protection concerns the personal data, in other words individual information regarding personal or factual circumstances of a particular or identifiable physical person, such as e.g. the name, postal address, e-mail address, but also user data such as IP address of a computer.
We draw your attention to the fact that the internet-based data transmission is subject to various security vulnerabilities, which means that a gapless protection against access by third parties cannot be guaranteed.
For technical reasons, the following data (among others) will be gathered by your internet browser and forwarded to us respectively to our web space provider (by means of so-called server log files):
These data will be stored separately from the personal data you may have entered, which means that they do not allow any conclusions regarding the individual person. They will be evaluated for statistical purposes in order to optimize our online presence and offers.
For safety reasons and in order to safeguard the transfer of contents, this page is protected by an SSL respectively a TLS encryption. An encrypted connection can be identified by the fact that the Browser’s address line changes from “http://” to https://; in addition it is recognized by the lock symbol in your Browser line. Thanks to the fact that the SSL respectively the TLS encryption has been activated, the contents (images, texts, files) that you as a visitor obtain by calling up this page, or the files that you transfer to us, cannot be read by any third parties.
On our website we offer you the possibility to contact us by e-mail and/or via a contact form. In this case the specifications provided by the user will be stored to ensure an efficient handling of his request. These data will not be disclosed to third parties, nor there any synchronization with the data which are possibly collected by other components of our website.
Your job application data will be electronically recorded and process by us in order to ensure an efficient handling of the application procedure. If your application results in the conclusion of an employment contract, the data you have submitted to us will be stored in the personnel files of our company for the purpose and within the scope of the usual organization and administration procedure, taking into account the pertinent legal regulations. If your job application is rejected, the data you have provided us will be automatically deleted within two months upon communication of said rejection. This rule is not applicable in cases where – based on the legal requirements (for example to satisfy the burden of proof in accordance with the General Equal Treatment Law) – a prolonged storage is required or if you have explicitly agreed to a prolonged storage of your data in our applicants data base.
On this page we are using links to external websites from third parties (e.g. Facebook, Vimeo, YouTube). We do not supervise these external websites and cannot assume any responsibility about how these external websites place their own cookies or process personal data. Please check the respective website to find out about the data protection declaration and the framework conditions that are applicable to this website.
On our website we are using a map cutout from OpenStreetMap (https://www.openstreetmap.de/) in order to illustrate the access route to our company premises and to simplify your trip planning. OpenStreetMap is an Open-Source-Mapping tool. To enable the display of the map, your IP address is communicated to OpenStreetMap. The method used by OpenStreetMap for storing your data can be found on the data protection site of OpenStreetMap under https://wiki.osmfoundation.org/wiki/Privacy_Policy as well as under https://wiki.openstreetmap.org/wiki/Legal_FAQ. Our use of the above-mentioned tool is based on article 6, paragraph 1, letter f) DSGVO: Data processing is performed in order to improve the user friendliness of our website and is thus in our legitimate interest.
We use the provider Vimeo, among others, for the integration of videos. Vimeo is operated by Vimeo, LLC with headquarters at 555 West 18th Street, New York, New York 10011. On some of our web pages, we use plugins of the provider Vimeo. When you call up the web pages of our website that are provided with such a plugin - for example, a product video - a connection is established to the Vimeo servers and the plugin is displayed. This transmits to the Vimeo server which of our Internet pages you have visited. If you are logged in as a member of Vimeo, Vimeo assigns this information to your personal user account. When using the plugin, such as clicking on the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your Vimeo user account before using our website and deleting the corresponding cookies from Vimeo. For the purpose and scope of the data collection and the further processing and use of the data by Vimeo, as well as your rights in this regard and setting options for protecting your privacy, please refer to the Vimeo data protection information:
On this website we use «Facebook Plug-ins» of the company Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA), hereafter called «Facebook». The involvements can be identified by the logo of Facebook or the «Like Button». A complete overview of all the Plug-ins used by Facebook is available under the following link:
As soon as you call up our internet site, Facebook will create a plug-in connection between your internet browser and the servers of Facebook. We as an operator of this website have no influence whatsoever on the type and scope of the data which are transmitted by the plug-in to the servers of Facebook. Information on this behalf can be obtained under:
The plug-in informs Facebook that you have visited the website as a user. It is possible that your IP address will be stored. If you are a member of Facebook but do not want Facebook to obtain your personal data via this website and to merge them with your user data, then you will have to log out of Facebook before calling up this website. Please use the functions of the plug-in, since every time you like or share an entry, this information will also be forwarded to Facebook.
On this website we use «Google Analytics», a service provided by the company Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereafter called «Google». Google Analytics uses so-called «Cookies», i.e. text files that are stored on your computer in order to allow analyzing your use of the website. As a general rule, the information on your use of this website gathered by the Google cookie are forwarded to one of Google’s servers in the United States where they are stored. However, if you activate the IP anonymization service on this site, your IP address will previously be shortened by Google within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area. The full IP address is only transmitted in exceptional cases to a server operated by Google in the USA where it will be shortened. By order of the operator of this website, Google will use this information in order to analyze your use of this site, to create reports on the website activities to provide to the website operator additional service performances related to the use of the website and of the internet. The IP address which is transmitted by your browser within the scope of Google Analytics will not be merged with other data of Google. You can prevent the storage of cookies by means of an appropriate setting of your browser software. However, we have to point out that in such a case you may not be in a position to continue using all the integral functions of this website. In addition, you have the possibility to prevent a collection of the data created by the cookie, which are related to your particular use of the website (including your IP address) and their forwarding to and processing by Google by downloading and installing the browser plug-in available under the following link.
By means of the newsletter we inform our customers on our company as well as our offers. If you would like to receive the newsletter, we need to know your e-mail address as well as the information enabling us to verify that you are indeed the owner of the said e-mail address, respectively that the owner of the address has agreed to the reception of the newsletter. Upon receiving your application, we shall store your IP address and the date of your registration. The only purpose of this storage consists in excluding the possibility of misuse of your e-mail address by a third party who may have registered himself for receiving the newsletter without the knowledge of the authorized person. The newsletter is dispatched through «MailChimp», newsletter dispatch platform of the US supplier Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The e-mail addresses of our newsletter addressees as well as their additional data which are described within the scope of these specifications will be stored on the server operated by MailChimp in the United States. MailChimp uses this information for dispatching and analyzing the newsletter on our account. In addition, according to their own information, MailChimp can use these data for optimizing and improving their own services, e.g. to ensure a technical optimization of the dispatch and representation of the Newsletters or for economical purposes and to determine the countries of origin of the addressees. However, MailChimp will not use the data of our newsletter receivers for sending them their own correspondence or for passing them on to third parties. We confide in the reliability and the IT data security provided by MailChimp. MailChimp has been certified within the scope of the US-EU data protection convention „Privacy Shield“ and is therefore bound to comply with the EU data protection regulations. In addition, we have signed a „Data-Processing Agreement“ with MailChimp. This agreement refers to a contract in which MailChimp engages to protect the data of our users and to process them by our order in accordance with their data protection conditions, and especially to refrain from making these data accessible to third parties. The data protection conditions valid within MailChimp can be found under:
You are any time in a position to revoke your permission for storing the data, the e-mail address as well as their use for dispatching the newsletter. Such a revocation can be made by means of a link integrated in the newsletters or by communication to the contact address mentioned below.
We delete any personal data that we have processed for our own purposes as soon as their existence is no longer required for serving the purpose of their storage. You have the right at any time to rectification and possibly deletion, unless this is contrary to legal standards.
We hereby undertake to take all the technical and organizational measures that are required in order to comply with all the regulations and provisions related to data protection, in as far as the expenditure is proportional to the protection objectives pursued. With regard to a communication by e-mail, we are not in a position to guarantee a complete data protection. For communicating confidential information, we therefore advise you to use the regular mail service or the telephone.
Our customers are at all times entitled to request the following information:
The responsible body for the purpose of the data protection law is:
Mr. Marcel Grünig
Phone +41 31 734 26 00
The customer has the possibility to revoke anytime his agreement to the collection, processing or use of his data with effect for the future. Any questions in this respect or requests for revocation shall be addressed to:
Mr. Marcel Grünig
Phone +41 31 734 26 00
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