1.1 These general terms and conditions (“GTC”) shall apply to all legal relationships (offers, contract negotiations, agreements etc.) between “Brugg” Lifting AG (also referred to as BRUGG LIFTING) (“BRUGG LIFTING”) and its clients (“CLIENTS”) concerning (i) the sale and delivery of products and works (“SUPPLIES”) and (ii) the provision of services such as assembly or assembly supervision (“SERVICES”) by BRUGG LIFTING to the CLIENT.
1.2 Unless expressly agreed otherwise, these GTC shall constitute an integral part of the legal relationships in existence between BRUGG LIFTING and the CLIENT, including in particular contracts. Any stipulations that depart from these GTC shall only be legally binding if expressly offered or expressly accepted by BRUGG LIFTING in writing.
1.3 By placing an order with BRUGG LIFTING, the CLIENT confirms, accepts and consents to the fact that the SUPPLIES and SERVICES are governed by these GTC. BRUGG LIFTING reserves the right to amend these GTC at any time. Any amendments shall take effect upon notification to the CLIENT in respect of all legal relationships established thereafter between BRUGG LIFTING and the CLIENT.
1.4 All of the CLIENT’s general terms and conditions and other contract documents are hereby explicitly excluded unless BRUGG LIFTING expressly consents thereto in writing, even if such general terms and conditions or other documents of the CLIENT were included in the CLIENT’S order or order confirmation or otherwise communicated to BRUGG LIFTING.
b) Offers and the conclusion of contracts
1.5 BRUGG LIFTING’s offers, price lists, product descriptions, brochures, plans etc. are not legally binding (in particular as regards the contractual characteristics of the SUPPLIES) and may be amended or revoked at any time, unless expressly specified otherwise in the relevant document.
1.6 Insofar as the offers of BRUGG LIFTING are non-binding, a contract shall only be concluded upon receipt by the CLIENT of written confirmation of acceptance of the order by BRUGG LIFTING (by written order confirmation or the signature of a written contract) or upon execution of the order by BRUGG LIFTING.
1.7 The SUPPLIES and SERVICES are conclusively listed in the written order confirmation. If no written order confirmation is issued, the relevant description shall be that contained in the contract signed by BRUGG LIFTING, or alternatively in the offer issued by BRUGG LIFTING.
1.8 Should it transpire following the conclusion of the contract that the SUPPLIES or SERVICES ordered cannot be delivered or performed respectively either in full or in part due to force majeure or for any reasons beyond the control of BRUGG LIFTING (e.g. as a consequence of the failure to deliver or late delivery by a supplier of third party products), BRUGG LIFTING shall be entitled to withdraw from the contract either in full or in part. The CLIENT shall be informed of this fact by email and any payments already made for the SUPPLIES concerned shall be reimbursed to the CLIENT either in full (in the event of complete withdrawal) or in relation to the part of the SUPPLIES not delivered (in the event of partial withdrawal). In such cases, the CLIENT shall not be entitled to any further claims.
c) Webshop orders
1.9 The following terms and conditions shall apply to orders placed in the BRUGG LIFTING webshop www.bruggshop.com (“WEBSHOP”) notwithstanding letter b.
1.10 The CLIENT may select SUPPLIES from the product range in the WEBSHOP, which may be placed in a virtual basket by clicking “add to shopping cart”.
1.12 The order placed by the CLIENT shall be automatically recorded by BRUGG LIFTING with an order confirmation sent by email. This is only intended as confirmation of receipt of the order, and shall not yet constitute acceptance of an offer by BRUGG LIFTING.
1.13 A contract for the SUPPLY ordered shall only be concluded upon the dispatch by BRUGG LIFTING to the CLIENT of an email order confirmation, however at the latest upon dispatch of the SUPPLIES ordered.
1.14 In the event that the SUPPLY ordered in the WEBSHOP is unavailable, BRUGG LIFTING reserves the right to decline to accept the CLIENT’s offer. BRUGG LIFTING shall inform the CLIENT accordingly and reimburse to the CLIENT any payments already made.
1.15 All information (product descriptions, pictures, colour samples, measurements, maximum loads, weights, technical specifications, related accessories and other information) contained in the WEBSHOP of BRUGG LIFTING are subject to confirmation as regards any errors and do not constitute any warranty of quality (properties).
1.16 Clause 1.7 shall apply mutatis mutandis also for orders placed by the CLIENT in the WEBSHOP.
1.17 No agreements or legal declarations between the parties shall be effective unless formulated in writing. Declarations sent or recorded by e-mail or drawn up using the forms available in the WEBSHOP shall be regarded as written declarations by the relevant party.