GTC
1. scope of application
Our offers, business transactions and deliveries are subject exclusively to the following terms and conditions. These shall also apply to future transactions, even if they are not expressly agreed again. Counter-confirmations of the buyer with reference to his own general terms and conditions are only valid if they are recorded in writing in a separate contract.
2. Offers and technical changes
2.1 If there is no validity date on our offer, it shall be valid for 3 months from the date of issue. If technical changes are necessary due to changes in standards or regulations, we reserve the right to make such changes, provided they are reasonable for the customer.
2.2 The documents in our offers, such as illustrations, drawings, information on services, qualities, materials, weights, dimensions, functions and DIN standards as well as all brochure information and information in other printed materials are only approximate unless they are expressly designated as ‘binding’. A guarantee of certain properties shall only be deemed to exist if a corresponding declaration has been expressly made.
2.2 The documents in our offers, such as illustrations, drawings, information on services, qualities, materials, weights, dimensions, functions and DIN standards as well as all brochure information and information in other printed materials are only approximate unless they are expressly designated as ‘binding’. A guarantee of certain properties shall only be deemed to exist if a corresponding declaration has been expressly made.
3. Property rights, copyrights and other industrial property rights
3.1 We (or Richter Spielgeräte GmbH from Frasdorf or CONCRETE Rudolph GmbH from Weiler-Simmerberg or SpielraumPROJEKT GmbH from Berlin) reserve our property rights, copyrights and other industrial property rights to brochures, catalogues, production templates, drawings, models, tools and all other documents produced by us. The customer is not authorised to pass these documents on to third parties, irrespective of whether we have marked them as confidential.
3.2 The customer undertakes to support us to the best of his ability in the enforcement of claims against copycats, plagiarists and other infringers of our property rights, copyrights and other industrial property rights.
3.2 The customer undertakes to support us to the best of his ability in the enforcement of claims against copycats, plagiarists and other infringers of our property rights, copyrights and other industrial property rights.
4. Terms of delivery
4.1 All prices in our price list are net amounts plus statutory VAT. Price lists from the Internet are not binding. All equipment from our current price list is delivered carriage paid from a net value of CHF 5,000 (with the exception of skate products), accessible unloading point by long-distance lorry without unloading. The selection of the transport route and the means of transport are left to our discretion, excluding any liability.
4.2 Delivery is not insured and is at the risk of the customer. The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other shipping agent.
4.3 The recipient must have transport damage certified by the transport company immediately upon receipt. Complaints will only be recognised within eight days of receipt of the equipment. Only then can claims for compensation be asserted against the transport company. Please notify us within three days so that we can assist you with the claims settlement.
4.4 Delivery periods and delivery dates are not binding for us unless they have been expressly agreed as binding.
4.5 Partial deliveries as well as excess and short deliveries to the extent customary in the trade are permissible.
4.6 If there is an insignificant defect, the customer may not refuse acceptance if we have not fulfilled our obligations to remedy the defect.
4.2 Delivery is not insured and is at the risk of the customer. The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other shipping agent.
4.3 The recipient must have transport damage certified by the transport company immediately upon receipt. Complaints will only be recognised within eight days of receipt of the equipment. Only then can claims for compensation be asserted against the transport company. Please notify us within three days so that we can assist you with the claims settlement.
4.4 Delivery periods and delivery dates are not binding for us unless they have been expressly agreed as binding.
4.5 Partial deliveries as well as excess and short deliveries to the extent customary in the trade are permissible.
4.6 If there is an insignificant defect, the customer may not refuse acceptance if we have not fulfilled our obligations to remedy the defect.
5. Terms of payment
5.1 A due date is stated on our invoices. If this is missing, our invoices are due for payment within 30 days of the invoice date.
5.2 The customer shall be in default upon expiry of the agreed payment period. No reminder is required for the charging of default interest to commence. The default interest owed is 5 %.
5.3 We reserve the right to change the terms of payment in the event of multiple reminders or bad experiences regarding the customer's payment behaviour.
5.2 The customer shall be in default upon expiry of the agreed payment period. No reminder is required for the charging of default interest to commence. The default interest owed is 5 %.
5.3 We reserve the right to change the terms of payment in the event of multiple reminders or bad experiences regarding the customer's payment behaviour.
6. retention of title
The delivered goods remain the property of LudoCrea.ch GmbH until full payment of all claims arising from the business relationship with the customer. The purchaser is not authorised to pledge, sell or lease the purchased item until all invoices have been paid in full.
7. liability
Our liability extends to faultless workmanship, the use of appropriate materials and stable and durable constructions. Our liability also extends to the replacement of defective items or parts of the delivery. Claims for compensation are limited to the individual defective parts. In this respect, our deliveries are deemed to be divisible services. The lodging of complaints does not release the purchaser from the obligation to settle our invoice in due time. This limitation of liability shall not apply to wilful intent or gross negligence.
8. Warranty
8.1 If we do not fulfil our obligation to provide a replacement delivery or rectification of defects, or do not do so to the extent stipulated in the contract, the buyer shall retain his statutory rights. However, we shall only be liable for damages in the event of intent or gross negligence.
8.2 The period for asserting claims for defects is: - 2 years for all moving parts and ropes
- up to 5 years for fittings
- up to 5 years for wooden uprights, with the exception of
- Robinia and hard paper laminate up to 10 years
- up to 15 years for concrete and metal uprights
(including steel ground anchors)
- 3 years for all other parts
- 10 years for skate systems, up to 20 years for fixed price revisions after 10 years
8.2 The period for asserting claims for defects is: - 2 years for all moving parts and ropes
- up to 5 years for fittings
- up to 5 years for wooden uprights, with the exception of
- Robinia and hard paper laminate up to 10 years
- up to 15 years for concrete and metal uprights
(including steel ground anchors)
- 3 years for all other parts
- 10 years for skate systems, up to 20 years for fixed price revisions after 10 years
8.3 Claims for defects shall lapse if the delivery item is used improperly or modified or its original technical labelling is changed or removed without our written consent. Claims for defects shall also lapse if the customer has not carried out the installation properly and the reason for the defect lies in this installation. Deliberately damaged parts, e.g. cut ropes and cables etc., shall not give rise to any claims for defects. A warranty is excluded for the application of paint on surfaces made of wood or powder-coated metal, etc. that have been used. Claims for defects are also void if maintenance has not been carried out properly. Dry cracks do not constitute a defect. We therefore reserve the right to check the installation work carried out and to inspect the maintenance logs prior to the fulfilment of claims for defects.
9. place of fulfilment, place of jurisdiction, applicable law
The place of fulfilment is Giswil. The place of jurisdiction for all disputes is Sarnen (Switzerland). Swiss law shall apply.
10. severability clause
Should individual parts of these contractual terms and conditions or separate agreements prove to be invalid, this shall not affect the validity of the remaining provisions.