safeit Gmbh AGB
Terms & Conditions

General Business Terms & Conditions

Scope:
The following general business & conditions (T&Cs) apply to all business relationships between customers and safe it GmbH, and apply equally to businesses, natural and legal persons. Our products and services are supplied exclusively based on the following terms & conditions. Business terms & conditions issued by partners, which we have not expressly acknowledged do not apply and are expressly excluded. In addition, all deviations from these terms & conditions that were ostensibly agreed to by us are equally rejected. Revisions and special arrangements only take legal effect based on our express reference and written confirmation. 
 
General provisions:
1. The contractual partners shall promptly confirm the details of verbal arrangements in written form. 
2. Purchase orders or contractual relationships are only originated based on our written order confirmation. Materials will only be ordered after safe it GmbH has received the signed order confirmation and the associated downpayment has been received. Due dates are nonbinding as long as these criteria have not been met.
3. All document given by the safe it GmbH like offers, plans, drawings, etc. are not permitted to duplicate, change or share and customize to third-parties without explicitly approbation. If it does not come to an agreement and order placement, the customer has to return all documents including copies to the safe it GmbH.
4. If individual provisions in this agreement are or become invalid, or this agreement is shown to have gaps, this shall have no effect on the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that corresponds to, or best approximates the intent and purpose of the invalid provision.
5. The details shown on the website, in brochures, proposals, or other documents (e.g. weight, mass, technical specifications, performance values, etc.) and figures represent industry-typical approximations, unless we expressly designated these as binding. Products that show commercially typical deviations or technical improvements are otherwise permissible. Building components can equally be substituted by equivalent parts, as long as these do not interfere with the contractually intended purpose.
 
Denial of service:
1. safe it GmbH reserves the right to reject purchase orders when there are justified doubts or suspicions concerning the partner's insolvency. If the fulfillment of our payment claims is at risk due to the partner's deficient ability to pay, we are furthermore entitled to deny services or to withdraw from contracts. In order to continue a contractual relationship under the circumstances, the partner must post collateral or render advance payment. We are entitled to demand compensatory damages if we are harmed by refusals to pay for rendered services or supplied materials.
2. As a company, we rely on a partnership-based relationship to our customers and expect contractually compliant fulfillment of agreed-to arrangements. However, we are entitled to reject unreasonable purchase orders and to deny services for these.
 
Delivery:
1. All shipments are made to the ship-to address confirmed on the order confirmation.
2. All delivery due dates are given on the proviso that manufacturers and transportation contractors are able to meet the agreed-to deadlines. However, delivery delays can occur due to circumstances out of our control, such as delivery barriers due to unforeseeable interior and exterior circumstances. We can furthermore not be held accountable for the duration of circumstances such as unrest, strikes, government orders, blackouts, accidents, etc. We will promptly inform you if an on-time delivery is not possible. safe it GmbH can not be charged or be liable for delays of any kind and does expressly exclude any claim.

This apply equally to any and all other claims for compensation asserted by the buyer. The customer solely absorbs the risks and costs for transportation, shipment, or delivery. 
3. Deliveries are only made to construction sites accessible by truck. Unless agreed otherwise, unloading equipment for unloading the goods must be available for all deliveries. If the agreement includes unloading, unloading shall always be done at the buyer's expense and risk. Where the buyer does not provide the conditions necessary for acceptance or is not present at the ship-to address indicated by the buyer although the delivery schedule was given to the buyer with sufficient advance notice, the buyer absorbs the costs for the unsuccessful delivery or any applicable additional expenses.
 
Prices and payment terms:
1. All indicated prices are limited to the indicated timeframe or the current purchase order, and only include the itemized scope of products and services. Not clearly defined or additional services are invoiced separately.
2. For all quotations and purchase orders, the assumption is that work can be performed during daytime hours Monday through Saturday. Additional expenses, which are billed at customary local premiums, are incurred for all labor hours performed at night, and on Sundays or holidays. 
3. If it is shown without doubt that materials we delivered have defects, our partner is nevertheless required to render payment for the defect-free portion. Claims can otherwise only be asserted if these are legally enforceable or uncontested. A retention right can only be asserted for counterclaims from the same contractual relationship.
4. Unless indicated otherwise, payment for all invoices must be rendered net and in full within 10 days from invoice date. If payment is late, we are entitled to bill default interest. The rate will be assessed based on what the bank charges us for current account loans, but no less than a rate of 8 percentage points above the respective base interest rate published by the European Central Bank.
5. If payment is late, we shall inform the partner about this in writing and  will categorically stop fulfillment of our obligations.
6. Dunning fees of EUR 30 are charged for late payment following shipment of materials or completion of work. If payment is not rendered following the payment reminder, we will transfer the account to collections after a payment reminder deadline has expired, but no later than 30 days after the payment reminder was issued.

Acceptance:
The agreed-to time and materials services must be accepted and confirmed in writing following completion. Deficiencies and detailed adjustments are not a reason for denying acceptance, but must instead be noted on the acceptance transcript.

Warranty:
1. A condition for any warranty is the fulfillment of statutory regulations. All goods must be inspected upon delivery. Transportation damage and missing elements must be noted on the delivery ticket and reported to us in writing. Other deficiencies or incorrect deliveries must be promptly reported to us in writing (our receipt by standard mail or email is required within 5 days following delivery) and must not be processed or installed until reviewed. All related quality deficiency claims expire if the already rejected goods are nevertheless modified without our consent.
2. The customer has the burden of proof for all quality deficiencies and material defects. Customers must in this case give us the short notice opportunity to inspect the defects and to segregate the defective materials. If the customer fails to properly inspect and report the defects, our liability for unreported defects is excluded. A defect claim is only accepted as legally valid and proper when the following conditions are met: 
compliance with the claim deadline, submission of several photographs that clearly show the damage and its surroundings, textbased description of circumstances, the course of events, cause, time, location, and nature of the damage.
3. Defect claims can categorically only be asserted when these were identified during acceptance, or if there is same prof of self-inflicted by safe it GmbH. (safeit GmbH is shown to be directly accountable.) All defect claims expire no later than after two years have expired after the deliverable was accepted, and five years following acceptance of the deliverable for immobile deliverables.
4. Defect claims are rejected for the following reasons:
•    When safe it GmbH conducted an acceptance together with the customer and the defects were identifiable during acceptance.
•    When further work, expansions, or modifications of any kind were performed on individual components or the building structure.
•    When damage is caused by culpable, improper, or forcible actions of the consumer. The same applies for normal wear and tear due to the intended use.
•    When the contractual partner fails to make access to the property available at the appointed time.
5. If a justified defect claim is asserted by the deadline, we reserve the right at our discretion to correct the defect either by rework, replacement, or credit. If safe it GmbH or a third-party successfully performed the rework, all of the partner's claims are discharged and any further claims are excluded.
6. If safe it GmbH complies with a demand by the contractual partner to correct a deficiency, the partner ensures access to the property at the appointed time. Additional costs and additional effort caused by a failure to comply will be invoiced and must be remunerated by the contractual partner. The same shall apply for defects caused by the consumer itself, or for defects unrelated to the agreed-to contractual terms & conditions.
7. For third-party products, we are only liable to the extent of the warranty granted by the relevant manufacture. All legal and warranty claims are rejected for defects with only minor impact on the value or utility of the goods.
8. Any additional claims, in particular for compensatory damage claims, e.g. default, performance impossibility, culpable breach of contractual incidental obligations, culpa in contrahendo, or tortious acts are rejected. We also do not accept liability for any and all damage not incurred on the delivered goods themselves or by a direct action not specified in the contract. In particular, safe it GmbH cannot be held liable for the customer's lost profits or miscellaneous financial damage. The customer additionally waives the right to contest legal transactions concluded with us in error.
9. Compensatory damage claims for processing or installation pursuant to the customer's own specifications, including errors for failure to comply with our technical information, are rejected. This also includes changes made without our consent, as well as repairs performed by the customer or third parties. This equally applies for any resulting detrimental consequences caused by the customer's inaccurate or insufficiently detailed specifications.
 
Retention of title:
1. Delivered goods remain the property of safe it GmbH until all claims from the business relationship with the customer have been completely fulfilled. If the customer violates the contractual terms & conditions or is in payment default, we shall grant a final deadline in the form of a written notice to comply with the past-due obligations. If the deadline expires without satisfaction, we are entitled to withdraw from the contract and to reclaim the goods. The statutory regulations for waiver of a deadline remains intact. The customer in this case is required to provide access to the delivered goods and to specify an exact point in time in consultation with us as to when the goods can be picked up. The customer is additionally required to pay for the pickup costs.
2. If our goods are combined with others and assembled into a new product, we acquire shared title in the ratio of the value of our goods. We are therefore entitled to all proceeds generated by renting or selling the product in the ratio of the total value. The share of of the proceeds to which we are entitled shall be promptly forwarded to us.
3. Until the goods are paid in full, the customer is required to store the latter appropriately and to protect the goods against weather influences, vandalism, theft, etc.
 
Applicable law and jurisdiction:
The courts located at the registered offices of safe it GmbH in Hinwil, Switzerland have jurisdiction for all claims and legal disputes arising between the customer and safe it GmbH. This contractual relationship is exclusively governed by Swiss law. We are also entitled to file suit and to assert our legal rights at the registered offices of the customer.