General conditions of sale

1 validity

1.1 These sales conditions apply to all current and future deliveries and services of Condair AG,
 CH-8808 Pfäffikon/SZ (called "Condair" below).

1.2 of which deviating or supplementary provisions, in particular general purchasing conditions of the buyer,
 Even if Condair does not contradict them in individual cases, as well as oral agreements only apply if they
 Condair have been confirmed in writing.

1.3 The written form are equivalent to all forms of transmission that enable proof by text,
 like fax or email.
 

2 delivery or scope of services

2.1 The scope and nature of the delivery result from the order confirmation of Condair, if
 the buyer does not contradict the information in question within 5 working days.

2.2 Insofar as the information relating to the delivery item on weight, dimensions, capacity,
 Performance, consumption values, standards to be observed are not regulated in the contract, the
 in question in the information in the price lists, catalogs brought to the buyer by Condair,
 Prospections, operating and operating instructions, circular, ads, drawings, illustrations,
 Switching scheme, etc. in the version applicable when the contract is concluded as an integrating components of the contract.

3 Changes to the agreed delivery or scope of services

3.1 Condair is entitled to make changes or improvements in the ordered delivery item, provided that this
 to no impairment of the quality or function, a price increase or an extension of the

4 Technical data

 Each contracting party reserves all rights to plans, technical documents or software that you
 made accessible.

 The receiving party recognizes these rights and becomes the documents without prior written written
 Do not reproduce the authorization of the other contracting party, make it accessible or partially accessible to third parties or
 Use outside the purpose for which you have been handed over.

5 information obligations of the buyer

5.1 The buyer must inform Condair about the functional conditions of the system system in good time,
 If these differ from the general recommendations of Condair.
 

5.2 Changes in the address or changes to the agreed location of the destination must report the buyer immediately.

6 prices

6.1 The plant prices are in Swiss francs, exclusively VAT, including packaging;
 Franko agreed destination in Switzerland (or to the relevant valley station, if the system of Condair per
 Train is transported or if the destination can only be reached by means of a mountain railway); without discharge. For the
 Delivery of individual or spare parts is invoiced by a flat rate of shipping costs. The same applies
 Additional costs as a result of special requests from the buyer, such as express delivery, special arrival times,
 Special transports.

6.2 The price -dependent heavy traffic (LSVA) is also not included in the price. This is opened openly
 and invoiced the buyer.

6.3 If the costs for freight, transport insurance, levies and other additional costs in the contract price are shown separately,
 Reserves the right to have the approaches after the conclusion of the contract when the service providers are changed
 to adjust the required prices accordingly if the delivery or service later than 2 months after the contract is concluded
 has to take place.
 

6.4 The minimum calculation amount (excluding VAT) is CHF 50.-

7 Payment conditions, late payment, retention of title

7.1 If the parties do not agree, the following payment terms apply: 30 days net after
 Invoice and delivery, without any other deductions such as expenses, taxes or fees.

7.2 The right to calculate payments with counterclaims is entitled to the buyer insofar as his counterclaims
 are undisputed or legally established by a court.

7.3 The payments must also be made if only insignificant parts of the delivery or performance are missing or
 Provide reworking as necessary that impair the use of the delivery item only slightly.
 

7.4 The buyer is in default from the agreed payment date even without a reminder and owes a delay interest rate
 of 5 % per year. Claims for the replacement of damage or costs, the Condair in connection with the default of payment
 are reserved. In addition to a reminder fee of CHF 20.- per reminder, the buyer has the costs in particular
 replace Condair in connection with the dug of a collection company.

7.5 The delivery items remain the property of Condair until the buyer has paid all claims that Condair is entitled to.

8 Delivery, delivery period

8.1 Condair gives the buyer to the buyer as soon as possible.
 

8.2 The delivery period is appropriately extended:

 a. If Condair does not go on in good time

 b. if the buyer subsequently changes this information and thus causes a delay in the delivery;
 c. If Condair prevented the delivery from the delivery by force majeure or other events outside of its sphere of influence
 is, for example, by natural disasters, sabotage, fire, industrial straces, unrest, war, official measures,
 Interruptions in energy supply or late or defective deliveries of subcontractors or
 Supplier; or
 d. If the buyer is in deficiency with the fulfillment of his contractual obligations, especially if he
 Conditions of payment or the obligation to procure documents do not comply.
 
8.3 If the buyer sets Condair- taking into account the statutory exceptional cases- in the event of a delay in delivery or performance
 of more than a month a reasonable period of service and the deadline is not met, the buyer is within the framework
 the legal provisions entitled to waive delivery or service and compensation for non -fulfillment
 to request or withdraw from the contract.

8.4 The buyer can also withdraw from the contract without a deadline if the delivery delay in the cases of paragraph 8.2 c) more
 lasts than 6 months.

8.5 The buyer bears the costs of disposing the packaging.

8.6 If the buyer does not take off ready-made delivery items in good time, Condair is entitled to do so at costs
 and to store the risk of the buyer and to calculate it as delivered.

 

9 Transition of benefits and danger

 In the case of rail transports by Condair and when picking up by the buyer, the benefits and the risk of delivery items go
 Condair transferred to the buyer at the factory or warehouse; For truck transports commissioned by Condair, at
 Reaching the determination or the agreed loading location.

 In the case of investment parts installed by Condair, the benefit and risk of completing the installation,
 Or if one is agreed, with the acceptance of the buyer.
 

10 Exam, acceptance, complaints

10.1 Check for recognizable transport damage and number of colli: The buyer has transport damage or deviations
 from the agreed number of colli to note on the receiving documents and the carrier (Post, train,
 Truck transport companies etc.)
 
10.2 Input test for other defects: If no common acceptance is agreed, there are defects regarding identity,
 Parts, weight or nature of the delivery items, Condair at the latest 5 working days after receipt.

10.3 If such defects only appear later, the buyer has at the latest within 5 working days after their statement,
 in any case to report in writing within the warranty period. Poor parts are until the final clarification of the
 To keep warranty or compensation claims and to provide the Condair at the request.

 At his request, Condair must be given the opportunity to remove the deficiency or damage before the defects or damage is remedied
 to be examined or by third parties.

11 claims for material defects

 For material defects of the delivery items, Condair is liable as follows in the exclusion of further claims that are not granted as follows:

11.1 General property warranty:

 For systems or parts of the same, Condair takes over, regardless of whether she has put it into operation or not,
 to the exclusion of a functional profit for the overall system, the following warranty:
 Request of the buyer all delivery items that are subject to defects, as well as delivery items that are due to defects
 of assembly, operating or service/maintenance instructions or incorrect installation, as quickly as possible after
 to improve or replace your choice free of charge. If technically possible, the rectification takes place at the destination.
 The costs of the removal and installation as well as the transport costs in connection with the exchange of the defective delivery item
 As well as the route costs of Condair service technicians in the event of a rectification at the destination, the buyer bears.
 

11.2 Advanced functional profit for commissioning the systems by Condair:

 For systems or parts of the same, which were put into operation by Condair, Condair also takes on the following obligations:

 a. the guarantee for the perfect functioning of the components she supplied as part of the overall system;
 b. the covering of the costs of the removal and installation as well as transport costs in connection with the exchange of the defective
 Delivery items and the mailnings of the fitters of Condair when rectification at the destination.
 
11.3 Any warranty claims of the buyer expire 24 months after the delivery date - or in the event of a common
 Acceptance or commissioning of the system by Condair - after successful acceptance or commissioning, at the latest
 However, 30 months after delivery.

11.4 The warranty period for replaced parts is again 24 months, the warranty period for used parts 12 months,
 from delivery.

11.5 Replaced parts will be again owned by Condair on their request.

11.6 Only in urgent cases of hazardous to operational safety or for defense against disproportionately great damage, whereby
 Condair can be communicated immediately, the buyer has the right within the warranty period, the defect or through
 To have third parties removed and to request a replacement of the necessary expenses.

11.7 If the delivery item is made according to information, drawings, specifications or with material supplied by the buyer
 Condair has been taken over for defects that are due to such information or materials, no guarantee and liability.

11.8 The buyer has the right to withdraw from the contract within the framework of the legal regulations if Condair has an appropriate reasonable
 Deadline for the rectification or replacement delivery due to a non -material defect leak fruitlessly. There is only an insignificant deficiency
 the buyer is only entitled to reduce the contract price.

11.9 No guarantee is taken over in the following cases:

 a) In the case of improper use of the delivery item, incorrect assembly or commissioning, natural wear and tear
 In the case of wear parts (such as seals, filters, etc.), improper treatment, non -proper maintenance, unsuitable
 Operating resources, poor construction work, of unsuitable building ground, chemical, electrochemical or electrical influences - if
 the above reasons are not to be represented by Condair. If the buyer or a third improperly improved, there is no liability
 by Condair for the resulting consequences. The same applies to changes in the changes made without the consent of Condair
 Delivery item.
 b) If the buyer, contrary to the Condair recommendations, does not use a service contract for Condair Air Funding devices and systems
 concludes and therefore an insufficient or improper maintenance by third parties or the operator, leads to insufficient hygiene
 And so that there could be health -prone substances.
 

12 claims for planning errors

12.1 Any planning errors, e.g. such as incorrect calculations or defective clarifications of the conditions on site,
 are fixed free of charge by Condair.

12.2 In the case of culpably caused planning errors, Condair also assumes the additional costs resulting from the buyer,
 However, limited to CHF 5,000 per damage.

12.3 Claims from Condair planning errors expire two years after the planning service was delivered. Lead the planning errors
 A lack of an immovable work, they expire five years after delivery of the planning performance.

13 Limitation of liability

 In the event of a breach of contract by Condair, regardless of the legal reason, all of these conditions are not expressly
 mentioned claims for compensation, reduction, cancellation or withdrawal excluded from the contract.

 Under no circumstances do the buyer claim to compensate for damage that has not arisen on the delivery item itself,
 such as damage to property, damage from the failure of production, loss of use, loss of orders, lost profit and
 from other indirect or immediate damage. This limitation of liability also applies as far as Condair is liable for the behavior of their auxiliary persons.

 It does not apply to illegal intent or gross negligence of conductive organs from Condair. Incidentally, this disclaimer does not apply
 Insofar as your mandatory law is opposed, especially not for claims due to personal injury or damage to mainly privately
 Used things according to the Product Liability Act.
.

14 Availability of replacement and wear parts

 For your systems, Condair guarantees the availability of replacement and wear parts for at least 10 years after delivery
 the system, for system components from other manufacturers, as long as they can be obtained via the usual trade channels.
  .

15 cancellations by the buyer, withdrawal of delivery items

 Condair does not insist or only partially on the fulfillment of the contract by the buyer, in the event of a cancellation of the contract
 by the buyer on the canceled part of the delivery, a flat -rate claim for damages of at least 20 % of the purchase price,
 In addition to any test and maintenance costs, due. The assertion of a demonstrably higher damage is reserved.
 The prerequisite for a voluntary withdrawal is that the relevant delivery items are still in the current product range of Condair
 are located, factory -new and original packed. The return has at the expense of the buyer and with the accompaniment of the original delivery certificate
 take place. Not withdrawn or customer -specific systems that have already been installed or purchased or available, or parts of them are
 are not false deliveries or defective delivery items.

16 partiality

 Should individual provisions of these general sales conditions be in whole or in part or become ineffective or void,
 The contractual partners undertake to replace the ineffective or void provision by a valid regulation by the
 The purpose pursued with the ineffective or void determination is largely achieved.

17 Applicable law, place of jurisdiction

17.1 Swiss law (OR) applies.

17.2 The only place of jurisdiction is Pfäffikon/SZ. However, Condair is entitled to call every other responsible court.

17.3 In the event of disputes from consumer contracts, it is responsible:

 a) for complaints from the consumer, the court at the place of residence or seat one of the parties;
 b) for complaints to the provider, the court at the defendant party