General Terms and Conditions of Sale and Terms and Conditions of Prime Preventive AG Switzerland
Prime Preventive AG appears in public under the company name and website www.preventive.ch. This service willpowered by: Prim e Preventive AG; Gwattstrasse 1; 8808 Pfäffikon SZ
1. Scope and Applicability
These general terms and conditions of sale and delivery apply to every legal relationship, in particular to the conclusion, content and processing of legal transactions between Prime Preventive AG and commercial transactions and private customers for the purchase of the following products and services.
Hereinafter referred to as “goods”:
-Hand fire extinguisher including accessories - extinguishing agent - Fire fighting posts and stations - Mobile extinguishing and firefighting equipment - Articles from the field of fire protection an fire prevention - safety signs - smoke and heat extraction systems - Stationary extinguishing systems (e.g. sprinkler systems)
The general terms presented here sales and delivery conditions can be found in the event of an extension of the range also on other products from Prime Preventive AG and on custom made application. They are deemed to have been accepted and by the customer accepted as soon as a legally binding agreement has been reached between Prime Preventive AG and customers and legally binding contract with reference to the application of these general Terms and Conditions of Sale and Delivery come about. Different regulations and/or further obligations can only be made through express, written and agreements between Preventive AG and the limited to the individual case corresponding customers are met. To the present general sales and delivery conditions of Preventive AG are contradictory. General terms and conditions of commercial customers only apply if Prime Preventive AG expressly agrees to this in writing.
2. Conclusion of contract
A contract between Prime Preventive AG and customers about the purchase of the goods, services and Services comes verbally or through written confirmation of the respective order by customers through Preventive AG.
In the case of a written confirmation This can also be done by fax or email. In the case of an offer request from Customers receive a verbal or written offer from Prime Preventive AG, which is free of charge, unless otherwise agreed.
The offer is during Prime Preventive AG deadline set is binding. Unless a deadline is provided, the Prime remains preventive AG bound to the offer for 1.1 month.
The prices of Prime Preventive AG are subject to change and are understood to be ex works, unless otherwise agreed becomes. Customs, postage, VAT, insurance, packaging and Transport costs are not included in the prices and will be invoiced separately in invoiced, unless the parties provide otherwise.
Basically, we offer the payment methods PostFinance, TWINT, Paypal and credit card.
We accept all major credit and debit cards such as Visa, Mastercard and American Express. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Any costs of a money transaction are to be borne by the respective customer. Likewise, all costs in the event of a transaction being rejected by the payment provider due to insufficient funds in the corresponding card account. In the case of a purchase by credit card, your account will be charged credit card account upon dispatch of the order by us. The price stated on the order confirmation to the customer is specified.
All payment transactions are processed according to the highest possible Security standard handled in the secured zone. The data stored by Prime Preventive AG is considered proof of all transactions that have taken place between Prime Preventive AG and its customers. The data stored by the payment system is considered proof of the financial transactions. The card used for payment will not be charged until the order is shipped. In the case of partial deliveries, only the cost of the products shipped plus postage will be charged. All goods remain the property of Prime Preventive AG until the total amount has been paid in full.
5. Delivery times
Prime Preventive AG endeavors to to meet the customer's scheduling requirements as far as possible. However can due to global developments and temporarily interrupted supply chains, as well as those not foreseeable by Prime Preventive AG at the time of the order Events Delivery delays occur. Prime Preventive AG will do this relieved of responsibility. Unless otherwise agreed, the indication of delivery times to customers is non-binding, which is why Prime Preventive AG accepts no liability for any damage caused by delays Deliveries takes over. The same applies to the installation of fire extinguishers (e.g. from stationary extinguishing systems). Delays are subject to change another written agreement in particular withdrawal from the contract and/or the assertion of claims for damages the respective customers are excluded.
Prime Preventive AG is entitled to Orders and/or installations of fire extinguishers in whole or in part without compensation withdraw if unforeseeable events and force majeure (such as civil unrest, war, terrorist activities, fire, natural disasters, strikes, lockouts, import or export blockades, etc.), the fulfillment of which is impossible, regardless of whether the force majeure at Preventive AG, at the manufacturer, Supplier, forwarder, carrier or customer entry. So far nothing Unless otherwise agreed, the goods are held by the customer at Prime Preventive AG (at the place of performance). To use and risk in this case upon delivery or after expiry of a period 10 days after notification of readiness for collection to the customer. At dispatch of ordered goods from the range of Prime Preventive AG Use and risk with the dispatch (handover to forwarding agent, carrier, post office etc.) to the customers. When installing fire extinguishers (stationary extinguishing systems) benefit and risk go with their completion (completion) to the customer.
The parties agree after completion of the installed extinguishing device an appointment for its acceptance (cf. notice of defects according to clause 8).
7. Retention of title
Until full payment of the purchase price, including interest on arrears and costs, is in favor of Prime Preventive AG a retention of title to the delivered goods and services according to Art. 715 ZGB. All customers expressly grant Prime Preventive AG the right to Retention of title in the retention of title register of the responsible Register with the debt enforcement office at the place of residence/registered office of the respective customer. The customer undertakes, during the existence of the retention of title, the acquired Goods not for sale, encumbrance or release to any third party and the Prime Preventive AG about a possible change of domicile / registered office in good time to take notice.
8. Notice of defects
The customer has the extinguishing devices within 14 days after delivery and, in the case of dispatch, immediately after receipt to check for defects. Unless the parties agree otherwise, an acceptance is carried out for the stationary extinguishing systems, during which in A test procedure is carried out in the presence of the customer and a acceptance report is created. The notice of defects period of 14 days is Decrease of the stationary extinguishing system triggered, unless expressly stated approval by the customer. Should the buyer find any defects find out, he has this within the mentioned notice period of 14 days in writing to Prime Preventive AG. The notice of defects can also be sent by fax or e-mail. Hidden defects are 14 days after their discovery to display. If a notification of defects is made late, the Warranty claims of the customer concerned are forfeited.
9. Material warranty
The term "defect" is used exclusively understood the defective functionality of the extinguishing devices (so-called function guarantee). If a defect was reported by the customer in good time, the Preventive AG the following warranty claim. at such devices defect-free replacement extinguisher will be provided free of charge at Prime Preventive AG's option or a spare part supplied. Any consequential costs for their installation and removal and all other expenses are borne by the customer.
For custom products included in the Prime Preventive AG documentation has been designated as such, the Material warranty claim, since they can neither be exchanged nor taken back can become. Unless the customer can clearly and in writing inform Prime Preventive AG can prove the delivery of a product other than the one ordered. The The replacement device or spare part will be delivered within a reasonable period of time deadline. In case of failure of a whole series of extinguishing devices or Defects of a significant extent affected customers have the circumstances accordingly to tolerate a longer period for the replacement delivery. The Material warranty claims expire after one (1) year Delivery/completion to the customer. For replacement devices or spare parts the warranty period begins again and lasts 6 months from replacement, but no longer than 18 months from delivery of the original order.
10. Limitation of Liability
Prime Preventive AG is liable to the extent permitted by law permissible, only in the case of intent and gross negligence, and is not liable for Acts and omissions attributable to auxiliary persons. In none In this case, Prime Preventive AG is liable for defects or damage resulting from actions (e.g. incorrect application, etc.) or omissions (e.g. non-observance of operating, handling, maintenance or installation instructions, etc.) by the customers or third parties. For costs and damages related with the unlawful use of the fire extinguishers and goods by the customer Prime Preventive AG is not liable (e.g. if legal requirements are violated by the buyers who require a seal or the use of a vignette), unless the customer has stated in writing that he intends to use the extinguisher points out and the prior initiation of the appropriate measures by Prime Preventive AG demands.
11. Applicable law, place of performance and place of jurisdiction
All legal relationships are subordinate substantive Swiss law to the exclusion of the UN Convention of April 11, 1980 on contracts for the international sale of goods. The place of fulfillment is the registered office of Prime Preventive AG in Pfaeffikon. The exclusive place of jurisdiction is Pfäffikon agreed.
Prime Preventive AG, Gwattstrasse 1 8808 Pfäffikon SZ