1.1 These General Terms and Conditions of Hako Schweiz AG apply to all deliveries and services provided by Hako Schweiz AG. Any other terms and conditions of the purchaser shall only be valid if they have been expressly accepted in writing by Hako Schweiz AG. Special written agreements between the parties remain reserved.
1.2 The scope of the deliveries and services offered by Hako Schweiz AG is set out in the current delivery program. If necessary, details will be provided in the order confirmation. Orders can also be placed electronically. The prerequisite for this is the customer's registration with Hako Schweiz AG with a user name and password. The offers made by Hako Schweiz AG in the Internet store are subject to change and non-binding. A customer's electronic order is deemed to be a binding offer to Hako Schweiz AG. The customer undertakes to provide truthful information when placing an order. The contract only comes into effect with the declaration of acceptance by Hako Schweiz AG. The direct dispatch of the ordered goods or the written confirmation of receipt of the order shall be deemed to be a declaration of acceptance.
1.3 Delivery shall be made to the address as agreed. The purchaser shall be liable for the costs, any disadvantages and liabilities incurred by Hako Schweiz AG and the manufacturing companies due to the use of incorrect delivery details.
2.1 Hako Schweiz AG reserves the right to adjust prices in relation to the current delivery program at any time up to the order confirmation or delivery.
2.2 Unless otherwise agreed, all invoices are payable within 30 days of the invoice date strictly net in Swiss francs without discount.
2.3 If the payment deadline pursuant to Clause 2.2 is exceeded, default shall occur without a reminder and default interest of 5% p.a. shall be owed. For each reminder, the purchaser shall owe Hako Schweiz AG an additional processing fee from the second reminder. If the purchaser is in arrears with payment of the purchase price, Hako Schweiz AG is also entitled to withdraw from the contract without granting a grace period and to reclaim the item handed over (Art. 214 Para. 3 OR).
2.4 No payments may be withheld by the customer, in particular not in the event of delayed delivery or complaints. The customer also waives any set-off against alleged counterclaims.
3.1 Benefit and risk shall pass to the customer when the goods are ready for dispatch.
3.2 Transportation shall be at the expense and risk of the purchaser, even if the purchaser orders several parts to choose from. The purchaser must report any transport damage to Hako Schweiz AG within 24 hours of receipt of the delivery. In the case of delivery by overnight express, any complaints must be made to Hako Schweiz AG by 10.00 a.m. on the day of delivery. Otherwise, any liability for transport damage will be rejected.
3.3 The delivered goods shall remain the property of Hako Schweiz AG until the purchase price and/or the entire assembly costs have been paid in full. The purchaser gives Hako Schweiz AG its consent to have the reservation of title entered in the reservation of title register at the purchaser's place of residence without further ado and at the purchaser's expense. In the event of a claim for damages, the purchaser is obliged to notify Hako Schweiz AG immediately in writing of any third-party claims relating to the delivered goods.
3.4 Goods will not be taken back. This does not apply to goods that are returned within 30 days in new condition and in their original, undamaged packaging. Goods that have been specially ordered for the customer, spare parts under CHF 50 and electronic components cannot be taken back under any circumstances. A storage fee of 20% will be deducted from the credit note for returned goods. All postage costs shall be borne by the customer.
4.1 The specified delivery periods shall commence as soon as the purchaser has clarified all questions necessary for the delivery and any agreed advance payment has been received by Hako Schweiz AG.
4.2 The delivery period shall be extended appropriately if obstacles occur at Hako Schweiz AG or at third parties through no fault of Hako Schweiz AG, e.g. in the event of force majeure or if deliveries from manufacturers or subcontractors are late or defective.
4.3 In the event of late delivery, the customer shall under no circumstances be entitled to waive delivery or withdraw from the contract or to claim compensation for any direct or indirect damage or loss of profit.
5.1 Hako Schweiz AG is only liable for damage due to proven fault on the part of Hako Schweiz AG personnel. Any further liability on the part of Hako Schweiz AG is excluded. Liability for material defects exists only in the case of fraudulent concealment (Art. 199 OR).
5.2 The warranty period is 12 months (Toro 24 months, spare parts ex warehouse 3 months) after notification of readiness for dispatch. Warranty claims shall be forfeited if the customer does not give written notice of defects within eight days of the occurrence of a defect. The warranty is expressly excluded in the event of defects resulting from normal wear and tear, inadequate maintenance, improper storage, failure to observe operating instructions, incorrect operation, excessive use, natural corrosion and other reasons for which Hako Schweiz AG is not responsible.
5.3 The warranty expires prematurely if the purchaser or a third party carries out repair work on the goods without the prior written consent of Hako Schweiz AG. The purchaser must also obtain the express consent of Hako Schweiz AG for repairs under warranty.
5.4 Defects shall be rectified at the discretion of Hako Schweiz AG by repair or replacement delivery. Except in cases in which the purchaser or a third party has been authorized or commissioned in writing by Hako Schweiz AG to carry out the repair, Hako Schweiz AG is not obliged to bear the installation and removal costs.
If instructions or directions from Hako Schweiz AG are carried out incorrectly by the purchaser or third parties, any liability on the part of Hako Schweiz AG is excluded.
5.5 The legal consequences of breaches of contract are conclusively regulated in these General Terms and Conditions. All claims for damages, reduction in price, rescission of the contract or withdrawal from the contract that are not expressly regulated here are excluded, in particular any compensation for consequential damages or loss of profit.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the legal and economic content of the invalid provision.
7.1 The competent courts at the company's headquarters shall be responsible for assessing all claims between the purchaser and Hako Schweiz AG.
7.2 The legal relationship between the purchaser and Hako Schweiz AG shall be governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Sales Convention").
Sursee, January 2019