General Extension of Obligation

KWC Group AG - hereinafter referred to as "KWC" or "we" - delivers on the basis of the following General Terms and Conditions of Sale and Delivery, unless otherwise expressly agreed in writing. By placing an order or effecting the confirmation of an order, the customer and KWC undertake to comply fully with the following conditions. The following terms and conditions shall apply exclusively in the version valid at the time of the order. Any terms and conditions of the customer shall only apply if KWC expressly agrees to them in writing.

Order and Order confirmation

All our offers are subject to change and are to be understood merely as an invitation to submit an offer. The contract with the customer shall only be concluded upon receipt of our written order confirmation. All information on our website or in our catalogues and brochures, such as product descriptions, illustrations, weights and dimensions, is non-binding. KWC expressly reserves the right to make changes in this respect. Verbal and telephone agreements shall only become binding upon our written confirmation. A confirmed order is irrevocable for the customer and any challenges due to error (Art 23 et seq. OR) are excluded. The customer may only revoke custom-made products that have been commissioned if they assume the costs incurred up to the time of revocation.

Prices

All prices listed in our price lists are commercial prices excluding VAT, in the respective currency listed per unit. In particular, any small quantity surcharges as well as packaging, express and shipping charges are not included. Prices are subject to change at any time; in the event of a significant change in circumstances, even after conclusion of the contract, insofar as this was neither foreseeable nor the fault of KWC at the time of conclusion of the contract.

Payments

The minimum invoice value (after discount deduction) is CHF 25. The payment period is generally 30 days net from the invoice date. If the customer exceeds this payment deadline or stops payments, all claims fall due immediately. The customer is not entitled to withhold payments or to set them off against counterclaims, not even because of complaints or counterclaims. In the event of any unauthorised discount deductions, an automatic subsequent debit will be made.

Packing and shipping

Our products are carefully packed in accordance with standard industry practice. For special packaging and for invoice values (after discount deduction) below CHF 400, packaging or shipping charges will be invoiced. Shipment is at the customer’s risk. All risk shall pass to the customer as soon as the goods leave KWC's warehouse or are made available to the customer at KWC's warehouse. Obvious transport damage must be claimed directly from the carrier.

Delivery and delivery times

The agreed deliveries and delivery periods shall be complied with as far as possible, but they shall only be regarded as an approximate indication and are therefore non-binding. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full (e.g. due to proven delivery bottlenecks or delays), KWC shall be entitled to withdraw from the contract or from a part of the contract. If KWC has already received the customer's payment, this will be refunded to the customer. If no payment has been made, the customer shall be released from the obligation to pay. KWC shall not be obliged to make a replacement delivery in the event of termination of the contract. A delay in delivery does not entitle the customer to claim damages or to cancel the order.

Warranty

We guarantee the proper functioning of our products, provided that the assembly has been carried out professionally and in accordance with the purpose of the product. The shapes and dimensions given in our catalogues and brochures are illustrative and may be changed at any time. In the event of proven defects in materials and workmanship, KWC shall have the discretion to uphold its warranty by means of equivalent replacement, repair or refund of the purchase price. Prior consultation with KWC is required for repair services. Shipping costs must be paid by the customer.

We shall not be liable for any further damage resulting from improper handling, excessive use or natural wear and tear. This applies in particular to surface damage caused by abrasive or aggressive cleaning agents incorrectly used for maintenance. For materials not manufactured by us ourselves, we provide a warranty within the framework of the conditions of our sub-suppliers. All warranty claims against KWC shall in any case expire two years after the date of invoice. In the case of production according to the customer's specifications, the customer is fully responsible for ensuring that no intellectual property rights or other rights of third parties are infringed.

Product Liability

With regard to product liability, KWC shall not assume any liability towards the customer that exceeds the warranty described above. The customer undertakes to exclude claims against its customer arising from product liability and other contractual and non-contractual claims to the extent permitted by law and also valid for KWC. The customer shall notify KWC without delay of all claims which a customer bases or which a customer could base on product liability. The customer is prohibited from accepting any liability arising from product liability without prior consultation with KWC.

Disclaimer

KWC shall only be liable on whatever legal grounds (contractual, non-contractual or for auxiliary persons) for gross negligence, unlawful intent or in the case of product liability. Any further liability is excluded.

Complaints

Complaints about the weight, number of items or condition of the goods delivered must be made within 8 days of receipt of the consignment. Any defects in the quality of the delivered goods that occur later, but before the expiry of the limitation period, must be reported within 8 days of the discovery of the damage. In both cases, the notice of defects must be sent by registered letter to the address given on our website in the imprint. Notices of defects do not entitle the customer to withhold or reduce invoice amounts.

Returns

Returns that are not due to incorrect delivery on our part require prior consultation with us. It is assumed that the returned goods are in perfect condition and in their original packaging. We shall charge the customer at least 30 % of the invoice amount to cover return expenses. Goods returned without our consent shall be returned to the sender and shall be deemed not to have been accepted.

Retention of title

The delivered goods remain the property of KWC until they have been paid for in full. However, the customer may resell the goods in the ordinary course of business. They hereby assign their claims from the resale of the reserved goods to KWC. If further arrangements (e.g. entry in the register or written individual assignments) are required for the legally valid establishment of the retention of title or for the assignment of the claims, the customer undertakes, vis-à-vis KWC, to make the necessary arrangements at the first request of KWC. For a possible entry in the property register, the client hereby gives his permission for the application and the entry. Samples and drawings remain the property of KWC, even if the customer bears all or part of the costs for them.

Jurisdiction and applicable law

The place of jurisdiction for both parties is CH-5726 Unterkulm. For consumer contracts, the mandatory statutory places of jurisdiction remain reserved.

The contractual relationship is subject to Swiss law.

The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. These General Terms and Conditions of Sale and Delivery may be unilaterally amended by KWC at any time without consultation with the customer.

Unterkulm, September 2022