General Terms and Conditions of Vita Bad AG
Offer, orders, documents, general information
Offers are non-binding for both contracting parties. Information in offers and other
Documents are only approximate. Typing and calculation errors are not binding.
Vita Bad AG reserves the right to all drawings, documents and offers.
ownership and copyright. These may not be made accessible to third parties.
Offers (cost summaries) shall become binding upon signature by the customer.
to binding and legally valid orders. Included in the order are the
Provision of schematic planning documents for the following work to be carried out on site
Work such as: Excavation, electrical and plumbing work. Not included is the management and
Supervision of the work to be carried out on site. If the order is received by the
Vita Bad AG in the form of an order confirmation, this order confirmation is binding for Vita Bad AG.
legally binding for both parties and it will be executed in accordance with the corresponding order confirmation.
delivered. Otherwise, the accepted order shall prevail. Without special written
agreements, the standard products currently managed by Vita Bad AG and applicable are
delivered. The customer shall not be liable for any work or goods not listed in the order,
which are subsequently requested by the customer or are required due to existing
circumstances have to be provided additionally, e.g. because the supplier's available
plans, diagrams and building site provision details provided were not adhered to and
subsequently modified will be invoiced separately. This applies in particular to
expenses arising from construction delays caused by the customer or tradesmen appointed by him.
are caused. Any liability for personal accidents caused in any connection with
Vita Bad AG does not accept any liability for any damage caused by the construction site. Customers are requested to do so,
to keep any biting pets away from the staff of Vita Bad AG. Otherwise it is liable for
any resulting damage.
Regulations at the installation site
Vita Bad AG is not liable for any damage resulting from the violation of the local
building zone regulations and other statutory or official provisions
and affect the installation and operation of the system.
Purchase price
Unless otherwise agreed, prices are quoted ex works and unpacked.
If there are any changes between the time of the offer and the delivery and installation date
Vita Bad AG reserves the right to adjust the wage rates or the material prices.
price adjustment. The same applies in the event of delays in delivery and assembly which Vita Bad AG
is not responsible.
Payment modalities
Payments must be made in accordance with the separate agreements on the order / order confirmation.
order confirmation. Exceptions must be agreed in writing. The granted
Discounts are only deductible if payments are made on time in accordance with the agreement.
are paid, i.e. the agreed amount is received by us on time.
If the completion of the work is delayed for reasons for which Vita Bad AG is not responsible,
delayed, then at least the supplier costs already incurred from the
The order invoice is due for payment 30 days after the scheduled delivery date. The
The customer may make payments without a court judgment or a written agreement.
The customer may not reduce or retain the counterclaim of the same. Even then, he may not do so,
if any parts are still missing, but use of the delivered system is possible.
Partial deliveries may be invoiced. If the buyer does not meet the agreed payment deadlines
If the customer does not pay the invoice amount on time, he must pay default interest of 6% from the due date.
Likewise, all types of collection, reminder fees, debt collection, debt enforcement and
Legal costs incurred by the customer due to non-compliance with the contract by Vita Bad
AG in advance. The obligation to pay in accordance with the contract remains in force.
Payments may only be made directly to Vita Bad AG and not to representatives or fitters.
be made. After expiry of the payment period, all discounts granted by Vita Bad AG shall lapse.
or cash discounts.
Retention of title
Vita Bad AG reserves the sole ownership of all delivered installation parts, such as
namely swimming pool covers, filter systems, swimming pool heaters, wellness packages
(counter-current swimming systems, massage systems, etc.) Water treatment systems, etc. until all
Claims of Vita Bad AG against the customer arising from the business relationship
including claims arising in the future, including those arising at the same time or later
concluded contracts are settled in full. Vita Bad AG can terminate the contract in
retention of title register. The registration costs shall be borne by the customer.
Due to the retention of title, Vita Bad AG may not sell the individual delivery items (goods/goods) to third parties.
installations) as soon as the customer is still in default after a reminder has been issued.
is in default of payment. All claims arising from the repossession of the delivery item
Any costs incurred as well as any damages and reductions in value shall be borne by the customer.
Building contractor's lien
In addition, Vita Bad AG can claim for its outstanding receivables from the customer on
the property of which a builder's lien within the meaning of Art. 837 para. 1 no. 3 is established.
Delivery times
Promised delivery dates are adhered to to the best of our ability. Operational disruptions, poor
weather, all unforeseeable events of force majeure or events caused by the customer.
delays caused by changes to the order, failure to make preparations or
information entitles Vita Bad AG, to the exclusion of claims for damages, to
Extension of deadlines or suspension of delivery obligations.
Terms of delivery and acceptance of delivery
Benefit and risk shall pass to the customer: upon acceptance of the goods ex works, or if
transported by Vita Bad AG when the goods arrive at their destination. The Vita Bad AG
does not recognize any type of liability or compensation claims for property damage or personal injury
resulting from the handling of the delivered goods. Advice and information from our
employees are made to the best of our knowledge and belief, but are non-binding and subject to
Exclusion of any liability. For damage to the delivery at the destination by third parties
can be charged to the purchaser. For installations by Vita Bad AG, the following must be present on the construction site
a power connection for 220V tools (partly 400V/25A) within a radius of 25m
Euro plug) and a normal domestic water connection must be available. Complaints are
immediately after receipt of the delivery or installation and by registered letter within
10 days to the supplier. After the expiry of the 10-day period, the delivery or
assembly as approved. If the notice of defects proves to be unsubstantiated, the associated
The customer shall be invoiced for any expenses incurred. Defects that are not valid
For example: natural wood cracks, wood warping (because even impregnated wood works),
small dimensional deviations of + / - 3% from the nominal dimension and +/-1cm for miter cuts,
Small foil folds, normal filter noise, defects in the services provided on site
etc. Vita Bad AG reserves the right to make changes to systems and installations at any time.
as far as they appear necessary, at any time without counterclaims on the part of the customer.
to be able to do so. If an item listed in the order cannot be delivered and cannot be
because the subcontractor does not deliver or delivers something else, the customer must
no right to compensation. Ordered and not accepted goods can be returned to Vita Bad AG
invoice and store at the expense and risk of the customer.
Transportation and insurance
Complaints about transport damage must be made immediately upon receipt of the control room within 3 days to the
responsible transportation office. For deliveries made by Vita Bad AG with its own truck /
Vita Bad AG assumes the transportation risk for goods delivered by minibus. Other
Transportation is at the risk of the customer.
Assembly
If installation is listed as included in the price, it includes the installation of the components listed on the
parts listed in the order within the system ordered. Outside the system and in
The following are not included in the assembly: Earthworks, masonry, electrician, plumbing, locksmith
Carpentry or painting work. The same applies to architects' planning documents,
Planning application documents, approval costs. As well as any installation and expansion of existing
Installations. Any necessary repair of an inadequately prepared
Assembly site. Particular difficulties on the construction site or on the way to it. Attachment
of special safety measures or reinforcements that are not included in the order.
are listed. If the requirements to be met by the customer according to our specifications and
plans are not fulfilled and the fitters have to leave without having achieved anything or
corrections and additions, these additional expenses and additional work can be
be charged to the buyer.
Guarantees
In principle, the factory warranties of the respective product manufacturer and sub-supplier apply.
Vita Bad AG undertakes, at the written request of the customer, to deliver the goods within the
warranty period for all parts that have demonstrably become unusable as a result of poor materials,
as quickly as possible at its discretion. Instead, the Vita
Bad AG may reduce the sales price at its discretion. Replaced parts shall become the property of
Suppliers. Vita Bad AG shall bear the costs of repair and replacement of the defective parts.
The customer shall bear the costs of any on-site work and displacement costs. For
temporary non-use of the item, the customer cannot assert any claims for compensation.
make. The conversion right within the meaning of Art. 368 para. 1 is excluded. Vita Bad AG
shall only be liable in the event of gross negligence, even if it is not a matter of compensation for consequential damages.
goes. Damage resulting from operational or production downtime is excluded from liability. The
Liability for defects caused by auxiliary persons (e.g. subcontractors) or by
subcontractors is excluded. Warranty claims, as herein
apply to all defective goods that are not excluded from the warranty,
that are no longer serviceable or functional within the following
Periods: The warranty period begins ex works in the case of direct purchase or ex assembly in the case of installation by
Vita Bad AG (but no later than 3 months after delivery) and amounts to
2 years on appliances, installations and moving parts excluding underwater lighting
0.8mm - Film 5 years against embrittlement
1.5mm - Film 10 years on material / 5 years on tightness and work performed
25 years on pressure-impregnated wooden planks against rotting through when the
Installation recommendations
Excluded from the guarantee are
- Damage and malfunctions due to incorrect operation, incorrect handling or
due to third-party intervention - Damage due to disregard of operating instructions and inadequate maintenance,
excessive stress, unsuitable operating materials, chemical, electrical or mechanical damage.
electrolytic influences and damage due to freezing or contaminated, calcified water.
Water with a pH value that is too high or too low, corrosion, water hammer and damage
as a result of inadequate on-site preparations, poor subsoil, whether due to
existing or newly installed substructure, as well as damage caused by on-site
backfilling. - Systems or parts that have been tampered with by third parties during the warranty period
- individually delivered goods or entire systems that have not been paid for in full.
The liability of Vita Bad AG for any material defects is fully excluded for wearing parts.
The warranty is excluded to the extent permitted by law. Wearing parts are subject to a warranty period of
three months ex works in the case of direct purchase or ex assembly in the case of installation by Vita Bad AG.
Cancellation and withdrawal
Orders placed may be canceled with the consent of the supplier and without counterclaim by the
can be canceled by the customer. In return, the customer undertakes to pay the Vita Bad AG
costs already incurred, but at least 20% of the order amount. If the Vita Bad
AG suffers damage due to the non-fulfillment of the contract on the part of the customer, which 20%
of the order amount, it may, in addition to asserting the 20% of the
order amount and claim the additional amount.
Choice of law and place of jurisdiction
All contractual agreements between Vita Bad AG and the customer, in particular
Contracts for work and services, supply contracts and orders are subject to Swiss law. Place of jurisdiction for
Hochdorf is responsible for judging all disputes.