Terms & Conditions

1. General

1. The following shall apply to our business relationships with our customers in the order listed below:
   a) the individual content of the contract concluded in writing, in the case of a unilateral stipulation, the individual content of our order confirmation
   b) these general terms and conditions and
   c) the relevant statutory provisions.
2. When the first order is placed, the customer, unless it is not a business customer, declares in advance that it agrees that these GTC shall apply to this and also to all further offers, orders and contracts, without the need for them to be agreed again in each case.
3. The respective content of the contract, including any contractual provisions that may deviate from these conditions, can be found in our written order confirmation. If the customer includes additional conditions or requirements in the written order, these are hereby expressly rejected, in particular if the customer wishes to make his terms and conditions of purchase the basis of this contract. Insofar as these terms and conditions of purchase contradict our terms and conditions, they shall not become part of the contract even if we do not object to them or carry out this order without reservation.
4. Field staff and commercial agents are not authorized to make additional agreements or special contractual conditions.

2. Offers

1. Our offers are always subject to change. A contract is only concluded upon our written order confirmation, which, if generated by a machine, does not require a signature.
2. We reserve the ownership rights and copyrights to cost estimates, drawings and other offer documents, as well as the right to reclaim them. Such documents may not be made accessible to third parties.

3. Prices

1. The prices for equipment are quoted in EURO net. Any changes in the quantity of the quoted equipment and/or in the total scope of delivery result in a price change.
2. Each appliance will be packed for safe transportation. Packing charges are not included in the equipment price.
3. The prices given are Ex-Works Bremgarten, as per Incoterms 2020.

4. Warranty

1. ELRO warrants that the delivered goods correspond with their specifications at the time of delivery. Goods will be delivered free of defects in material and workmanship. The warranty period of max. 12 months begins at the latest 30 days after arrival of the appliances at the official delivery address.
2. Warranty performance is limited to the replacement of the defective parts including wear parts. The transportation costs are also included in the warranty. Customs duties and taxes for the parts to be replaced are not included in the warranty.
3. If the repair has to be carried out by an ELRO engineer the travelling time and the working time are included in the warranty. The travel costs (ticket, board and lodging) to the client's location are not included in the warranty.
4. ELRO is not liable for any consequential damages caused by a breakdown or defect of the delivered appliance. The warranty on the material and workmanship does not cover
   a) damages caused by inappropriate or faulty use of the appliance
   b) arbitrarily caused damages
   c) glass damages and consequential damages resulting therefrom
5. Electric cables, water hoses, plugs and sockets for the main M+E supply are excluded from warranty.

5. Project delay

1. In case of delay, the customer is responsible to pick up the goods listed in this contract. In case of non-storage capacity in the customer’s facility, ELRO can give support by finding an external storage unit. Costs for storage and insurance will be paid by customer.

6. Terms of payment

1. Unless otherwise agreed in writing, the following payment terms shall apply.
   a) 50 % upon order placement
   b) 50% after delivery

7. Retention of title

1. The goods remain our property until full payment of the agreed purchase price.

8. Final provisions / place of fulfillment and place of jurisdiction

1. Should any part of the contract or these terms and conditions be invalid, the validity of the contract and the terms and conditions shall not be affected.
2. The place of fulfillment for delivery and payment is the contractor's place of business, even if the handover takes place at a different location as agreed.
3. Place of jurisdiction is CH-5620 Bremgarten and Swiss law shall apply in any case.