Terms of Sales (ToS)
Schilliger Holz stands for the economic unity of the four legally separate companies Schilliger Holz AG, Schilliger Holz-Industrie AG, Schilliger Saegewerk AG and Schilliger Bois SAS. Our general conditions of sale form an integral part of all contracts concluded between the four named companies and their customers, which refer to these GCS throughout the entire range of sales. Different conditions must be in written form.
All price lists are subject to change. The short-term adjustment of prices to changed market conditions without prior notice remains reserved. The current price lists replace all previous ones. Small quantities under Fr. 500 value of goods are subject to special conditions. The VAT is not included in the prices.
3. Quantity deviation
The order quantity is kept as best as possible. Production-related traditions of a small scale are charged to the customer without any special agreement.
4. Delivery conditions
Pick up from the place Kuessnacht / Perlen including forklift loading. Transports are invoiced independent of the delivered quantity according to destination (place of delivery). The unloading takes place on-site or against set-off of the number of strokes.
Waiting times are charged after hours. Mounting aids are only limited and will be charged according to effort. Costs for interim unloading on various construction sites will be charged. Costs for special vehicles and special permits are at the expense of the customer, even if they are not mentioned in the offer.
Access for vehicles up to 2.50 m wide must be guaranteed.
5. Delivery dates
The delivery dates are as accurate as possible and are not binding. Claims for damages for noncompliance with deadlines are excluded.
6. Delivery setting
If the customer does not fulfill his payment obligations, Schilliger Holz may suspend any further deliveries to the customer, subject to further claims.
7. Transport liability
The goods always travel at the expense and risk of the buyer.
Notes, suggestions and examples in our publications and by our staff are provided free of charge and without guarantee, usually even without consideration of extraordinary mechanical, physical or chemical stresses. They correspond to our current knowledge and refer to cases that occur frequently in practice. Static component measurements are provided against cost allocation. The cross sections mentioned in offers are based on pre-sizing and without consideration of connections. Before the execution, the dimensioning must be checked again.
Joining work and cuts are carried out on the basis of plans of the entrepreneur. The plan documents are to be made available to us in the form of cadwork or dxf files in good time. Missing plan documents are created against expense compensation and sent to the client for inspection. Defective joinery works due to unrecognized planning errors are the responsibility of the buyer.
9. Quality regulations
The wood for the Schilliger Holz product range is processed from the round wood to the finished product in our own factories according to defined quality criteria. Schilliger Holz assumes that the customer knows these quality criteria and the specific leaflets.
10. Complaints / warranty, statute of limitations
Defects are to be reported to Schilliger immediately after receipt of the goods, but at the latest within 8 days and prior to their processing or assembly. After this period, the goods shall be deemed to have been accepted in respect of recognizable defects. Hidden defects are to be reprimanded immediately after discovery. In the absence of any agreement to the contrary signed by Schilliger, the following applies: 1 year warranty and limitation period from date of delivery.
The warranty for surface-treated products lapses if the customer refrains from the treatments and maintenance recommended by the paint supplier or if the customer does not prove that the defect is not related to failure to take action or mechanical stress, or if the surface is mechanically damaged or overstressed.
11. Claims in case of defects
If there are any defects, Schilliger Holz undertakes to repair them either within a reasonable period of time or to deliver other defect-free goods. Remedies of defects by the customer with cost consequences for Schilliger Holz may only be made after consultation with the responsible clerk. Hourly rates and cost ceiling must be determined in writing before the defect is remedied. Schilliger Holz reserves the right to remedy defects itself or by third parties. For such work, Schilliger Holz must be provided with the time required to rectify the problem. Without taking into account these reservations, any claims are rejected or remunerated according to our calculations.
12. Exclusion of further liability
All cases of breaches of contract and their legal consequences as well as all claims of the customer, irrespective of their legal basis, are finally regulated in these conditions. In particular, all claims not explicitly stated for damages, reduction, cancellation of the contract or withdrawal from the contract are excluded, as far as the customer Schilliger wood cannot prove intent or gross negligence. In no case shall the customer be entitled to compensation for damages that did not arise on the delivery item itself, such as damage to adjacent components, loss of profit as well as other direct or indirect damages. Liability for auxiliary persons is excluded.
13. Return of goods
As a rule, no goods are taken back. In exceptional cases undamaged and non-processed merchandise will be credited less 20% administrative costs. Custom-made products and surface-treated goods are not taken back.
14. Terms of payment
Unless otherwise agreed, the invoice must be paid net within 30 days of the invoice date. Unauthorized deductions are debited. If the payment is not made within 30 days, we charge a default interest in the amount of the current bank account rate of Schwyzer Kantonalbank applicable to Schilliger Holz. In the event that doubts arise about the customer’s ability to pay, Schilliger Holz reserves the right to demand securities or advance payments or to withdraw from the contract without the customer being able to claim damages from them.
15. Retention of title
Schilliger Holz reserves the right of ownership of the delivery until it has been paid in full and is entitled to register the retention of title in the register without any further cooperation from the customer. By processing the delivered goods to a new item, the retention of title does not expire.
Jurisdiction for each type of procedure is for both parties Kuessnacht am Rigi. Swiss law applies.
Copyright by Schilliger Holz. All rights reserved. All listed product and production designations are subject to the legal copyright regulations.