{"id":275,"date":"2023-01-05T14:01:47","date_gmt":"2023-01-05T13:01:47","guid":{"rendered":"https:\/\/vitabad.dev.hayloft-it.ch\/?page_id=275"},"modified":"2023-03-21T09:10:23","modified_gmt":"2023-03-21T08:10:23","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.vitabad.ch\/en\/allgemeine-geschaeftsbedingungen\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"<h2 class=\"wp-block-heading\">General Terms and Conditions of Vita Bad AG<\/h2>\n\n\n\n<p><strong>Offer, orders, documents, general information<\/strong><br>Offers are non-binding for both contracting parties. Information in offers and other<br>Documents are only approximate. Typing and calculation errors are not binding.<br>Vita Bad AG reserves the right to all drawings, documents and offers.<br>ownership and copyright. These may not be made accessible to third parties.<br>Offers (cost summaries) shall become binding upon signature by the customer.<br>to binding and legally valid orders. Included in the order are the<br>Provision of schematic planning documents for the following work to be carried out on site<br>Work such as: Excavation, electrical and plumbing work. Not included is the management and<br>Supervision of the work to be carried out on site. If the order is received by the<br>Vita Bad AG in the form of an order confirmation, this order confirmation is binding for Vita Bad AG.<br>legally binding for both parties and it will be executed in accordance with the corresponding order confirmation.<br>delivered. Otherwise, the accepted order shall prevail. Without special written<br>agreements, the standard products currently managed by Vita Bad AG and applicable are<br>delivered. The customer shall not be liable for any work or goods not listed in the order,<br>which are subsequently requested by the customer or are required due to existing<br>circumstances have to be provided additionally, e.g. because the supplier's available<br>plans, diagrams and building site provision details provided were not adhered to and<br>subsequently modified will be invoiced separately. This applies in particular to<br>expenses arising from construction delays caused by the customer or tradesmen appointed by him.<br>are caused. Any liability for personal accidents caused in any connection with<br>Vita Bad AG does not accept any liability for any damage caused by the construction site. Customers are requested to do so,<br>to keep any biting pets away from the staff of Vita Bad AG. Otherwise it is liable for<br>any resulting damage.<\/p>\n\n\n\n<p><strong>Regulations at the installation site<\/strong><br>Vita Bad AG is not liable for any damage resulting from the violation of the local<br>building zone regulations and other statutory or official provisions<br>and affect the installation and operation of the system.<\/p>\n\n\n\n<p><strong>Purchase price<\/strong><br>Unless otherwise agreed, prices are quoted ex works and unpacked.<br>If there are any changes between the time of the offer and the delivery and installation date<br>Vita Bad AG reserves the right to adjust the wage rates or the material prices.<br>price adjustment. The same applies in the event of delays in delivery and assembly which Vita Bad AG<br>is not responsible.<\/p>\n\n\n\n<p><strong>Payment modalities<\/strong><br>Payments must be made in accordance with the separate agreements on the order \/ order confirmation.<br>order confirmation. Exceptions must be agreed in writing. The granted<br>Discounts are only deductible if payments are made on time in accordance with the agreement.<br>are paid, i.e. the agreed amount is received by us on time.<br>If the completion of the work is delayed for reasons for which Vita Bad AG is not responsible,<br>delayed, then at least the supplier costs already incurred from the<br>The order invoice is due for payment 30 days after the scheduled delivery date. The<br>The customer may make payments without a court judgment or a written agreement.<br>The customer may not reduce or retain the counterclaim of the same. Even then, he may not do so,<br>if any parts are still missing, but use of the delivered system is possible.<br>Partial deliveries may be invoiced. If the buyer does not meet the agreed payment deadlines<br>If the customer does not pay the invoice amount on time, he must pay default interest of 6% from the due date.<br>Likewise, all types of collection, reminder fees, debt collection, debt enforcement and<br>Legal costs incurred by the customer due to non-compliance with the contract by Vita Bad<br>AG in advance. The obligation to pay in accordance with the contract remains in force.<br>Payments may only be made directly to Vita Bad AG and not to representatives or fitters.<br>be made. After expiry of the payment period, all discounts granted by Vita Bad AG shall lapse.<br>or cash discounts.<\/p>\n\n\n\n<p><strong>Retention of title<\/strong><br>Vita Bad AG reserves the sole ownership of all delivered installation parts, such as<br>namely swimming pool covers, filter systems, swimming pool heaters, wellness packages<br>(counter-current swimming systems, massage systems, etc.) Water treatment systems, etc. until all<br>Claims of Vita Bad AG against the customer arising from the business relationship<br>including claims arising in the future, including those arising at the same time or later<br>concluded contracts are settled in full. Vita Bad AG can terminate the contract in<br>retention of title register. The registration costs shall be borne by the customer.<br>Due to the retention of title, Vita Bad AG may not sell the individual delivery items (goods\/goods) to third parties.<br>installations) as soon as the customer is still in default after a reminder has been issued.<br>is in default of payment. All claims arising from the repossession of the delivery item<br>Any costs incurred as well as any damages and reductions in value shall be borne by the customer.<\/p>\n\n\n\n<p><strong>Building contractor's lien<\/strong><br>In addition, Vita Bad AG can claim for its outstanding receivables from the customer on<br>the property of which a builder's lien within the meaning of Art. 837 para. 1 no. 3 is established.<\/p>\n\n\n\n<p><strong>Delivery times<\/strong><br>Promised delivery dates are adhered to to the best of our ability. Operational disruptions, poor<br>weather, all unforeseeable events of force majeure or events caused by the customer.<br>delays caused by changes to the order, failure to make preparations or<br>information entitles Vita Bad AG, to the exclusion of claims for damages, to<br>Extension of deadlines or suspension of delivery obligations.<\/p>\n\n\n\n<p><strong>Terms of delivery and acceptance of delivery<\/strong><br>Benefit and risk shall pass to the customer: upon acceptance of the goods ex works, or if<br>transported by Vita Bad AG when the goods arrive at their destination. The Vita Bad AG<br>does not recognize any type of liability or compensation claims for property damage or personal injury<br>resulting from the handling of the delivered goods. Advice and information from our<br>employees are made to the best of our knowledge and belief, but are non-binding and subject to<br>Exclusion of any liability. For damage to the delivery at the destination by third parties<br>can be charged to the purchaser. For installations by Vita Bad AG, the following must be present on the construction site<br>a power connection for 220V tools (partly 400V\/25A) within a radius of 25m<br>Euro plug) and a normal domestic water connection must be available. Complaints are<br>immediately after receipt of the delivery or installation and by registered letter within<br>10 days to the supplier. After the expiry of the 10-day period, the delivery or<br>assembly as approved. If the notice of defects proves to be unsubstantiated, the associated<br>The customer shall be invoiced for any expenses incurred. Defects that are not valid<br>For example: natural wood cracks, wood warping (because even impregnated wood works),<br>small dimensional deviations of + \/ - 3% from the nominal dimension and +\/-1cm for miter cuts,<br>Small foil folds, normal filter noise, defects in the services provided on site<br>etc. Vita Bad AG reserves the right to make changes to systems and installations at any time.<br>as far as they appear necessary, at any time without counterclaims on the part of the customer.<br>to be able to do so. If an item listed in the order cannot be delivered and cannot be<br>because the subcontractor does not deliver or delivers something else, the customer must<br>no right to compensation. Ordered and not accepted goods can be returned to Vita Bad AG<br>invoice and store at the expense and risk of the customer.<\/p>\n\n\n\n<p><strong>Transportation and insurance<\/strong><br>Complaints about transport damage must be made immediately upon receipt of the control room within 3 days to the<br>responsible transportation office. For deliveries made by Vita Bad AG with its own truck \/<br>Vita Bad AG assumes the transportation risk for goods delivered by minibus. Other<br>Transportation is at the risk of the customer.<\/p>\n\n\n\n<p><strong>Assembly<\/strong><br>If installation is listed as included in the price, it includes the installation of the components listed on the<br>parts listed in the order within the system ordered. Outside the system and in<br>The following are not included in the assembly: Earthworks, masonry, electrician, plumbing, locksmith<br>Carpentry or painting work. The same applies to architects' planning documents,<br>Planning application documents, approval costs. As well as any installation and expansion of existing<br>Installations. Any necessary repair of an inadequately prepared<br>Assembly site. Particular difficulties on the construction site or on the way to it. Attachment<br>of special safety measures or reinforcements that are not included in the order.<br>are listed. If the requirements to be met by the customer according to our specifications and<br>plans are not fulfilled and the fitters have to leave without having achieved anything or<br>corrections and additions, these additional expenses and additional work can be<br>be charged to the buyer.<\/p>\n\n\n\n<p><strong>Guarantees<\/strong><br>In principle, the factory warranties of the respective product manufacturer and sub-supplier apply.<br>Vita Bad AG undertakes, at the written request of the customer, to deliver the goods within the<br>warranty period for all parts that have demonstrably become unusable as a result of poor materials,<br>as quickly as possible at its discretion. Instead, the Vita<br>Bad AG may reduce the sales price at its discretion. Replaced parts shall become the property of<br>Suppliers. Vita Bad AG shall bear the costs of repair and replacement of the defective parts.<br>The customer shall bear the costs of any on-site work and displacement costs. For<br>temporary non-use of the item, the customer cannot assert any claims for compensation.<br>make. The conversion right within the meaning of Art. 368 para. 1 is excluded. Vita Bad AG<br>shall only be liable in the event of gross negligence, even if it is not a matter of compensation for consequential damages.<br>goes. Damage resulting from operational or production downtime is excluded from liability. The<br>Liability for defects caused by auxiliary persons (e.g. subcontractors) or by<br>subcontractors is excluded. Warranty claims, as herein<br>apply to all defective goods that are not excluded from the warranty,<br>that are no longer serviceable or functional within the following<br>Periods: The warranty period begins ex works in the case of direct purchase or ex assembly in the case of installation by<br>Vita Bad AG (but no later than 3 months after delivery) and amounts to<br>2 years on appliances, installations and moving parts excluding underwater lighting<br>0.8mm - Film 5 years against embrittlement<br>1.5mm - Film 10 years on material \/ 5 years on tightness and work performed<br>25 years on pressure-impregnated wooden planks against rotting through when the<br>Installation recommendations<br>Excluded from the guarantee are<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><div class=\"list-item-wrapper\">Damage and malfunctions due to incorrect operation, incorrect handling or<br>due to third-party intervention<\/div><\/li>\n\n<li><div class=\"list-item-wrapper\">Damage due to disregard of operating instructions and inadequate maintenance,<br>excessive stress, unsuitable operating materials, chemical, electrical or mechanical damage.<br>electrolytic influences and damage due to freezing or contaminated, calcified water.<br>Water with a pH value that is too high or too low, corrosion, water hammer and damage<br>as a result of inadequate on-site preparations, poor subsoil, whether due to<br>existing or newly installed substructure, as well as damage caused by on-site<br>backfilling.<\/div><\/li>\n\n<li><div class=\"list-item-wrapper\">Systems or parts that have been tampered with by third parties during the warranty period<\/div><\/li>\n\n<li><div class=\"list-item-wrapper\">individually delivered goods or entire systems that have not been paid for in full.<br>The liability of Vita Bad AG for any material defects is fully excluded for wearing parts.<br>The warranty is excluded to the extent permitted by law. Wearing parts are subject to a warranty period of<br>three months ex works in the case of direct purchase or ex assembly in the case of installation by Vita Bad AG.<\/div><\/li><\/ul>\n\n\n\n<p><strong>Cancellation and withdrawal<\/strong><br>Orders placed may be canceled with the consent of the supplier and without counterclaim by the<br>can be canceled by the customer. In return, the customer undertakes to pay the Vita Bad AG<br>costs already incurred, but at least 20% of the order amount. If the Vita Bad<br>AG suffers damage due to the non-fulfillment of the contract on the part of the customer, which 20%<br>of the order amount, it may, in addition to asserting the 20% of the<br>order amount and claim the additional amount.<\/p>\n\n\n\n<p><strong>Choice of law and place of jurisdiction<\/strong><br>All contractual agreements between Vita Bad AG and the customer, in particular<br>Contracts for work and services, supply contracts and orders are subject to Swiss law. Place of jurisdiction for<br>Hochdorf is responsible for judging all disputes.<\/p>","protected":false},"excerpt":{"rendered":"<p>Allgemeine Gesch\u00e4ftsbedingungen der Vita Bad AG Angebot, Bestellungen, Unterlagen, AllgemeinesOfferten sind f\u00fcr beide Vertragsparteien freibleibend. Angaben in Angeboten und andernUnterlagen sind nur ann\u00e4hernd massgebend. Schreib- und Rechenfehler bleiben unverbindlich.Die Vita Bad AG beh\u00e4lt sich an s\u00e4mtlichen Zeichnungen, Unterlagen und Angeboten dasEigentums- und Urheberrecht vor. Diese d\u00fcrfen Dritten nicht zug\u00e4nglich gemacht werden.Angebote (Kostenzusammenstellungen) werden mit deren [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-275","page","type-page","status-publish","hentry","has-post-content"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/pages\/275","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/comments?post=275"}],"version-history":[{"count":4,"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/pages\/275\/revisions"}],"predecessor-version":[{"id":2776,"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/pages\/275\/revisions\/2776"}],"wp:attachment":[{"href":"https:\/\/www.vitabad.ch\/en\/wp-json\/wp\/v2\/media?parent=275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}