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These general terms and conditions of business (T&C) regulate the cooperation between the orderer/buyer/client (hereinafter: customer) and Lignatur AG in CH-9104 Waldstatt.

The T&C apply for all work and services (production, sale and delivery of timber ceiling and roof elements as well as any other work or services) rendered by Lignatur AG for the customer and define the mutual rights and obligations.

Any general terms and conditions of business of the customer do not apply for the contractual relationship with Lignatur AG, even if they are not expressly contradicted by Lignatur AG.

Any amendment to the current T&C only becomes valid if it is agreed between the contracting parties.

The contract between Lignatur AG and the customer is governed by Incoterms, unless expressly agreed otherwise or unless these T&C stipulate otherwise. The following order of precedence applies when interpreting the contract between Lignatur AG and the customer: 1. Contract; 2. T&C of Lignatur AG; 3. SIA standards; 4. Swiss law.

All prices in price lists and brochures are non-committal.

The price agreed for the ordered goods is understood to be net, in either Swiss francs or euros depending on the agreement, plus VAT unless otherwise specified. The prices w/o VAT and customs for the customer are based on the currently valid price lists minus the discounts granted to the customer or according to separate offers, whereby miscalculations and technical adaptations cannot be ruled out.

If it can be proven that costs have risen in the course of processing the order, e.g. through surcharges (fluctuations on the raw materials market), introduction of new technical standards, additional fiscal charges, tariff increases or strong currency fluctuations, Lignatur AG reserves the right to adjust the prices accordingly.

If Lignatur AG and the customer have agreed on the DDP (Delivered Duty Paid) clause pursuant to Incoterms, the quoted price applies as the total delivered including VAT and customs duties. This corresponds to the delivery of the ordered goods including packaging and freightage as well as loading onto trucks and customs duties. For transparency reasons, freightage is always shown separately.

Complicated access as well as excessive waiting times before or during unloading entitle Lignatur AG to levy a surcharge.

The place of delivery and transfer of risk depend on the Incoterms clause agreed between Lignatur AG and the customer. If there is no express agreement on the place of delivery and transfer of risk, the delivery will be made EXW (ex works). In this case, the place of fulfilment is the Lignatur AG works in Waldstatt. Delivery shall then be deemed to have been effected when the goods are provided for loading at the works in CH-9104 Waldstatt.

It is assumed that entry and exit for a semi-trailer or articulated truck will pose no problems when the ordered goods are delivered by the forwarding company. The costs of transport include an idle time of 0.75 h/100 m². Additional expenses will be charged in the event of longer truck idle times or if access is complicated.

Lignatur AG will endeavour to meet the confirmed delivery deadlines, but it cannot assume a guarantee for these. Deliveries that are delayed by up to 4 hours do not entitle the customer to claim for damages. Every further hour that the customer has to wait will be compensated with CHF 100.00. Delayed deliveries that entitle the customer to this kind of compensation must be noted on the waybill (CMR) and delivery note.

The delivered elements are packaged in stretch film as protection during storage, loading and unloading. Additional protection against the weather and any further protective measures are necessary during intermediate storage. Lignatur AG can assume no warranty in the event of incorrect intermediate storage on the building site.

Delivery periods that have been agreed in writing begin on receipt of the written release for production, i.e. after receipt of the order and clarification of all technical details with the customer and apply on condition that the signed confirmation of order has been returned.

Unforeseeable events such as machinery failures, fire, business disruptions, transport difficulties etc. that render a delivery impossible, release Lignatur AG from its obligation to meet delivery deadlines and entitle it to terminate the contract without any liability for damages.

In the event of a delayed delivery for which Lignatur AG can be held responsible, damages are limited to 3% of the value of the goods affected by the delay. No further rights exist, such as the termination of the contract.

Compliance with the delivery deadlines and periods can only be guaranteed if payments are made in due time. If the customer fails to meet their contractual payment obligations despite a written reminder, Lignatur AG can cease all further deliveries to the customer subject to additional claims.

Lignatur AG warrants material defects for a period of 24 months after invoicing. No warranty exists for the complete ceiling or roof system of which the LIGNATUR elements are only a part and in the event of their incorrect application and use, for changes in colour (e.g. through ageing or yellowing) as well as dirt on the surfaces (e.g. through handling and transport). Damages or losses incurred during transport will be taken into account if Lignatur AG has assumed responsibility for the transport and a record by the truck driver is available. Lignatur AG is entitled to exonerate itself through repair or replacement.

LIGNATUR timber elements are delivered with a customary wood moisture. Their correct storage and control are in responsibility of the customer. In the event of incorrect storage (e.g. moisture, soiling, mechanical damage) the products may suffer qualitative, i.e. static and aesthetic damage. Lignatur AG cannot be held liable for these defects. Lignatur AG assumes that the customer is familiar with the quality criteria and specific properties of timber products. The warranty does not cover natural wear and tear, or damage caused by incorrect treatment, climate or faulty installation by third parties.

Wood is a natural product. Differences in structure and colour underline its authenticity and individuality. Knotholes, fibre deviation, resin pockets etc. may be visible depending on the timber classification. Particularly the outer layers of wood in particular absorb moisture in a state of construction so that shrinkage cracks can appear on the surface of glue laminated timber – even along the glued joints. The criteria for glue laminated timber are assessed and observed in accordance with the rules of the Swiss trade practices for timber and timber-based materials in building and extension.

The customer must inspect the goods on receipt for obvious defects and immediate notification must be given of such, otherwise they will be deemed to have been approved. As for the rest, warranty rights only exist if notification of existing defects is given immediately on their detection. The notification of defects must be sent in writing to Lignatur AG.

In the case of defects that occur within the warranty period and which have been reported correctly, Lignatur AG can optionally choose to replace or repair the damaged part/object, or – should they waive the option of a repair or replacement – they can grant the customer a price reduction. In the event of defects, the maximum liability may not exceed the price paid for the corresponding partial performance. All further claims of the customer such as rescission or damages (including the liability for consequential damages) etc. are expressly excluded.

Lignatur AG is not liable for losses or costs in connection with the use, or on account of the impossibility of use of the goods for any purpose. Nor is Lignatur AG liable for consequential damages, direct and indirect damage, personal injury, incorrect product presentation or product suggestions as well as errors on the website, in technical documents, programmes or in manuals. As for the rest, liability is excluded wherever permitted under Art. 100 f. and Art. 199 OR.

The customer’s claims for defects lapse on any case two years after invoicing.

The delivered goods remain the property of Lignatur AG until the complete price has been paid by the customer and settlement of any other claims of Lignatur AG arising from (this or any other) contract or any non-contractual claims of Lignatur AG. Lignatur AG is entitled to make a corresponding entry in the reservation of title register. If the goods have been processed, the customer assigns all claims against third parties to Lignatur AG, making it co-owner of the goods. The customer shall take all measures necessary to protect the ownership claim of Lignatur AG. The customer may neither dispose of nor pledge the goods or assign these to third parties as security until full payment of the complete price. The customer’s authority to process or sell the delivered goods ends if there is any indication of the customer’s insolvency.

The customer agrees to accept the goods including any packaging material.

The customer also agrees not to assign the goods to third parties as security and will inform these of any existing reservation of title of Lignatur AG.

The customer may not offset the price of any other claims of Lignatur AG against counter claims.

In the event of any changes to the documents and data submitted for the calculation of the offer after the order has been placed, the customer shall indemnify and hold harmless Lignatur AG against any third-party claims that arise regardless of any fault.

The customer is obliged to comply with all reporting obligations incumbent on him, in particular with respect to any EU customs duties, in accordance with the applicable statutory requirements (Intrastat declaration, VAT declaration, summary declaration etc.). If the customer does not meet their reporting obligation properly, they are obliged to compensate Lignatur AG for all machinations, additional costs and actual losses incurred as a result of this.

If the statutory requirements are given for EU customs clearance and if this is to be carried out by Lignatur AG, the EU customs clearance by Lignatur AG must be recoded in a separate agreement in each case.