AGM-Metallbau GmbH, Hackenrüti 3, CH-6110 Wolhusen


1. General

Provided the following conditions do not stipulate otherwise, the "General Conditions for Construction Work" SIA Norm 118 as well as SIA Norm 240 "Metal Construction Work" and 230 "Steel Construction Work" shall hereby apply. The terms and conditions must be mutually agreed upon when an order is placed and stipulated in contract form.

2. Legal Validity

Offers shall be valid for 30 days, unless agreed upon otherwise. Orders shall only be valid with the legally signed confirmation of the Seller. Changes in dimensions and models shall result in the respective price corrections.

3. Invoice

The invoice shall be based on the actual scope of supply. Any unexpected costs incurred on site, including more expensive models or versions, shall be charged to the Purchaser. Unvorhergesehenes, bauseitig bedingte Kosten oder/inkl.? verteuernde Ausführungen werden verrechnet. Any changes in the percentage of value-added tax (VAT) shall be taken into account on the effective date of the contract. Should contract fulfillment exceed a period of 6 months from the date of contract award any changes in material and wage costs shall be charged to the Purchaser.

The following quotas shall be applied as a calculation basis: 40% raw material costs, 30% production costs as well as 20% for assembly costs.

4. Terms of Payment

The retainment of any cash payments as a security for warranty obligations is hereby excluded! Payment dates: 35% upon contract award, 55% upon assembly begin, 10% at the latest 30 days from the date of invoice.

5. Dimensions

The Purchaser shall be responsible for adhering to the agreed upon dimensions and plans. The Seller shall be entitled to balance any dimensional differences on the construction object through documentation. Any costs ensued due to dimensional differences shall be charged to the Purchaser.

6. Delivery Dates

The date of the document containing the final dimensional requirements and all necessary project details such as color selection as well as approved plans shall determine the due delivery date(s). Delivery delays due to reasons of force majeure, strikes, unexpected operational disruptions, delayed deliveries from subsuppliers or bad weather shall not entitle the Purchaser to make any damage claims, to call for contract penalties or annulment.

7. Shipment and Storage during Construction

Shipment is normally carriage paid to the construction site, or to the relevant bottom station. Truck access road to the construction site, the free usage of a crane and lift, as well as a lockable room for material storage must be made available by the Purchaser. Should the material be damaged in any way, the resulting costs shall be borne by the Purchaser.

8. Assembly

The Purchaser is responsible for mounting the elevation markings at the required places and to ensure that these are clearly visible. Any costs resulting from insufficient or incorrect markings, shall be borne by the Purchaser.

a) Masonry work, making cavities in concrete, supporting floors and facade.

b) Vapor barrier foils, structural and plumbing connections, infilling of cavities and final cleaning.

c) Electrical supply and connecting lines, fuses, flush-mounted sockets and the respective installation work.

d) Power connections for drilling and welding machines, possible lighting of work area.

e) Eine der SUVA-Vorschriften entsprechende Gerüstung.

f) Scaffolding must conform to SUVA regulations.

g) The Customer must ensure that any lines to be flush laid are marked accordingly in the area where the components are to be installed. Should the Purchaser fail to do this, we must refuse any liability from any direct or indirect damages resulting therefrom.

h) In case of water damage we shall disclaim any liability for damages caused by any provisional covers designed to provide protection from the weather.

9. Warranty

Based on the SIA Norm, the warranty period shall be two years from the date of invoice. The warranty period for motor drives, the control system and fittings shall be one year. The warranty period shall begin following delivery or assembly of the components, as the case may be.

Warranty Limitations and Exclusions:
a) The warranty does not cover any defects resulting from negligent handling, or damage caused by storms and hail.

b) Warranty claims are excluded for water damage to facades with exterior insulation.

c) The warranty shall expire immediately should any defects or malfunctions occur due to insufficient maintenance or improper operation. The right to make warranty claims shall also expire should the customer or third parties make changes or tamper with the warranty object. The warranty shall not be valid for parts that are subjected to normal wear and tear.

d) The Purchaser may conclude a maintenance agreement for the prescribed maintenance, the costs of which shall be settled on a time and material basis.

e) The treatment of steel parts in a duplex procedure (hot galvanizing with subsequent lacquering) can cause process-related runs or irregularities on the surface which, despite subsequent treatment, cannot be avoided. No warranty claims can be made based on this phenomenon.

f) During the surface treatment of various components, especially with mica color shades, color differences may be evident due to the different processes. No warranty claims can be made because of these differences.

g) In the case of anodized aluminum parts, any contact with concrete/cement water must be avoided at all costs because such contact could cause permanent changes. If this occurs, any liability for such damage will be disclaimed.

10. Final Provisions

a) The place of jurisdiction is Wolhusen, the head office of the Supplier.

b) Should the Supplier not receive any notice from the Purchaser to the contrary up until the issuance of the final invoice, then the Supplier shall reserve the right to use the finished object as a reference.

c) The Purchaser hereby accepts the above contractual conditions with the order confirmation or the General Terms and Conditions of Sales and Supply.


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