General Terms and Conditions
B2C (end client)
Robert Aebi Landtechnik AG
1.
Scope
1.2.
For service, repair and other
work performed by RALAG on Goods, in particular on agricultural machines,
electric vehicles, tractors and lawn and grounds maintenance machines purchased
by Client, which is not performed within the scope of the warranty under the
law of sale as per Clause 10, the service provisions as
per Clause 14 apply.
1.3.
Third-party software products
may also be offered in connection with the Goods. For these, the separate
licence conditions of the relevant software manufacturers apply. Client
acknowledges that the rights arising from these licence conditions are to be
asserted directly and exclusively against the relevant software manufacturers.
1.4.
RALAG reserves the right to
amend these GTC at any time. The version of these GTC in force at the time of
the conclusion of the contract will apply in each case. Any terms and
conditions of Client that conflict with or deviate from these GTC will not be
recognised.
1.5.
All agreements between RALAG
and Client, in particular all ancillary contractual
agreements and subsequent contractual amendments, must be in writing to be
effective. This will also apply to any amendment and/or supplement to these GTC
and to any change in the requirement of written form. Legally relevant
representations and notifications to be made by Client to RALAG after
conclusion of the contract must be in writing to be effective.
2.
Contract conclusion
2.1.
The presentation of Goods in
advertising, in brochures or in the Online Shop B2C constitutes an invitation
to make an offer and not a binding proposal to conclude a contract.
2.2.
By executing an order via the
Online Shop B2C, in a branch, by phone or in writing (in
particular via email), Client makes a binding request to conclude a
purchase contract. The request is binding for Client for 30 days, but no longer
than as long as the Goods can be found via the search
engine in the Online Shop B2C and/or the stock lasts.
2.3.
A purchase contract with RALAG
will only be concluded when RALAG confirms the order in writing. Any price and
offer changes are reserved.
2.4.
For all orders with a minimum
age requirement of 18 years, by placing the order Client confirms compliance
with these legal provisions.
3.
Goods and prices
3.2.
All sales prices published in
the Online Shop B2C represent final prices in CHF and already include the
legally prescribed value added tax. Any recycling fees, incentive taxes (e.g. volatile organic compounds) and other fees may be
included in the price or shown separately.
3.3.
Delivery costs are calculated on the basis of delivery type, weight, dimensions and
urgency of the ordered Goods. Any shortage and/or express surcharges are shown
online when the order is placed or offline in the sales conditions or purchase
contracts. The costs for machine deliveries and special deliveries will be
assessed and charged in each specific individual case. Subsequent deliveries
for non-bulk goods up to 30kg are free of shipping costs. For deliveries
abroad, the delivery costs will be assessed and charged in each specific
individual case.
3.4.
Any sales price conditions are
regulated individually in the business relationship and apply exclusively to
the goods groups regulated therein. Any blanket application of sales price
conditions and deviating conditions of Client will not be recognised. The sales
price conditions applicable at the time of the order and granted by RALAG will
be decisive in each case.
3.5.
RALAG reserves the right to
change the sales prices and conditions at any time. The price stated in the
Online Shop B2C at the time of the order will be decisive for the conclusion of
the purchase contract. All prices and conditions are subject to error and RALAG
is not obliged to enter into the contract in such
case.
4.
Price changes after order and
right of withdrawal
4.1.
RALAG reserves the right to
unilaterally change the sales prices between the time of the order and the time
of delivery. In the event of an adjustment of the sales price after the time of
the order, Client will be notified immediately by email of the change in sales
price and/or, if the purchase price has already been paid, RALAG will
immediately send Client an invoice by email for the outstanding portion of the
adjusted sales price. In the case of advance payment, the Goods will not be
dispatched until payment has been received; the delivery time may be delayed
accordingly. Payment will be subject to the provisions set out in Clause 12 analogously.
4.2.
Should the increase in the
purchase price as per Clause 4.1
exceed 20% (less inflation), Client has the right to withdraw from the
contract. If Client exercises its right of withdrawal as per this Clause 4.2, it will inform RALAG
within 14 days of receipt of the invoice as per Clause 4.1 in writing. The contract
will only be deemed terminated when RALAG confirms this in writing. Any
purchase price already paid will be refunded to Client within four weeks of
RALAG’s confirmation of the termination of the contract.
5.
Purchase option in the case of
rental
5.1.
If Client rents an object,
Client will have the option, at RALAG’s sole discretion and subject to written
agreement with RALAG, to purchase the rented object at the end of the rental
period, if applicable. The parties will reach a separate written agreement on
any crediting of the rental interest paid by Client against the purchase price.
Client will not be entitled to credit the rental interest paid by Client
against the purchase price.
6.
Availability and delivery time
6.2.
If ordered Goods are not
available, the order may not be carried out in full. RALAG expressly reserves
the right to either cancel the order or to make only a partial delivery. In
such a case, Client will be informed accordingly.
6.3.
In case of non-compliance with
the delivery time, Client may not cancel the contract, unilaterally withdraw
from it, refuse to accept the ordered Goods or claim
compensation for direct or indirect loss.
7.
Click & Collect
8.
Retention of title
8.2.
RALAG is authorised to have the
retention of title entered in the retention of title register.
9.
Inspection obligation / notice
of defects
9.2.
If a defect in the purchased
item becomes apparent at a later date, Client must report this defect in
writing immediately within eight (8) days of discovery; otherwise
the purchased item will be deemed to have been approved in this respect as
well.
9.3.
To comply with the prescribed
written form, transmission by email to parts@robert-aebi.com will be
sufficient, provided receipt of the email is confirmed by RALAG.
10.2.
For new Goods that were or are
at no time subject to a manufacturer’s warranty at any time, and for REMAN,
RALAG warrants to private clients that they will be free from material and
manufacturing defects during the warranty period. The warranty period for new
Goods and REMAN for private clients is 24 months, beginning with receipt by
Client. For business clients, warranty claims for new Goods that were or are at
no time subject to a manufacturer’s warranty, and REMAN, are completely
excluded to the extent permitted by law.
10.3.
For used Goods, in particular
used machinery, such as agricultural machinery, tractors, motorised
agricultural machinery and lawn and grounds maintenance machinery, and used
materials, the warranty is completely excluded to the extent permitted by law.
10.5.
Warranty claims against RALAG
must be notified in writing immediately after discovery. To comply with the
written form, transmission by email to garantie@robert-aebi.com will be
sufficient, provided receipt of the email is confirmed by RALAG.
10.6.
Defects may only be removed by
RALAG and by specialist personnel authorised by the manufacturer. If the work
to remove the defects is carried out by Client itself or by unauthorised third
parties, this is done at the Client’s own expense and risk, in which case
RALAG’s warranty ends immediately.
10.7.
Excluded from the warranty is
damage due to natural wear and tear, inadequate maintenance, disregard of
operating instructions, excessive stress, unsuitable operating materials,
unauthorised modifications or conversions, etc. Client
loses its warranty claim if it does not install or maintain the ordered Goods
in accordance with the manufacturer’s instructions or the installation
instructions issued by RALAG or if it handles the Goods improperly.
10.8.
Rectification does not extend
the warranty period for the Goods.
10.9.
Client will hand over the Goods
to RALAG for rectification upon request.
10.10. Client’s warranty claims are regulated in this Clause 10 expressly and conclusively. Any further warranty claims (such as
replacement, reduction or rescission) are at the sole
discretion of RALAG and are hereby expressly excluded.
11.1.
RALAG grants Client a right to
return the ordered Goods under the conditions and restrictions set out below. The return period is in principle 14 days after receipt of the
Goods. Timely dispatch is sufficient to meet the deadline. Deviating return
periods can be seen in the Online Shop B2C on the relevant product page under “Specifications”.
11.2.
There is no right to return
machines and devices. The right of return may also be excluded or limited for
certain categories of items and for items with a value of CHF 2,000.00 or more.
Furthermore, the return of incomplete, damaged or
soiled Goods is excluded.
11.4.
Refunds
will be made via the same payment method as the original payment within four
weeks of receipt and successful verification of the return. In the case of a mixed payment with a gift card, the portion paid by
the gift card will be refunded on the gift card in the event of a return. The
residual amount will be refunded by the same payment method as the original
payment.
11.5.
For a
full refund of the purchase price, the Goods must be returned with opened or
unopened, but in any case with undamaged original packaging
and in unused condition, as new, with all the accessories.
11.6.
In the case of online
transactions, the return must be registered in advance. The return must be
registered via Client’s personal client account in the Online Shop B2C, stating
the item to be returned and the reason for return. Client will then receive an
email confirmation of receipt of the return request. Returned Goods that have
not been registered in advance or have been registered via other means will
result in a processing fee of CHF 20. Goods that do not meet the return
conditions will be returned at the expense of Client. The shipping costs for
the return are fully at the expense of Client.
11.7.
Client must ensure that the
return is well packaged for shipment and that it keeps all related documents.
RALAG is not liable for lost or damaged Goods during shipment.
11.8.
In the case of offline
transactions, the Goods are returned to the branch where they were purchased.
When returning the Goods to the branch, they must be presented to the relevant
client service together with the invoice receipt. Returns to the branch are
free of charge.
Return
of Collection items
11.9.
Returns of Collection items
must be shipped to the following address:
Robert Aebi Landtechnik AG
JohnDeereShop.ch
Riedthofstrasse 100
CH-8105 Regensdorf
Return
of spare parts and accessories
11.10.
RALAG charges the following
storage fees for the return of spare parts and accessories:
|
No
|
Reason
|
Storage
fee
|
|
1
|
Wrong item ordered
|
10% of net value
|
|
2
|
Item is not needed
|
10% of net value
|
|
3
|
Error in spare parts catalogue
|
No fees
|
|
4
|
Wrong delivery
|
No fees
|
|
5
|
Return of old parts (REMAN)
|
No fees
|
Returns of spare parts and accessories
with a value per position up to and including CHF 20 (net value) will not be
refunded for reasons 1 and 2.
11.11. RALAG reserves the right to refuse to take back the following
special items or to charge an increased storage fee:
Electronic control units
Items from special procurements
Special parts requested by Client
Individual parts from bundle
sets or from new machines
Items not as new or installed
Items with a value of CHF
2,000.00 or more (gross value) per position
11.12. When using a factory reconditioned item (“REMAN”), Client is
obliged to return the used part to RALAG. The value of the used part is already
deducted from the new price of the REMAN item and will therefore not be
refunded when the part is returned. If the used part is not returned, Client
will be charged for the deposit.
11.13.
Returns of spare parts and
accessories must be shipped to the following address:
Robert Aebi Landtechnik AG
Parts-Retouren
Riedthofstrasse 100
CH-8105 Regensdorf
12.2.
In the case of purchase by
credit card, the relevant amount will be blocked or reserved at the time of
placing the order. However, the effective debit will take place only with the
order confirmation by RALAG.
12.3.
In case of purchase on advance
payment or payment on account, the Goods will be shipped only after receipt of
payment. The delivery time may be delayed accordingly.
12.4.
In the case of purchase on
account, the invoice amount will be paid according to the payment term stated
on the invoice without any deduction.
12.5.
Cash payment is available for
Click & Collect and other orders that are collected from a branch, provided
this payment method is available during the ordering process.
12.6.
The payment method fees
chargeable by RALAG can be viewed under “Payments options” and are detailed in
the ordering process.
12.7.
Payment dates will also be
observed if transport, delivery, assembly, commissioning
or acceptance of the delivery is delayed or rendered impossible for reasons
beyond RALAG’s control. If, by way of exception, Client has
to be granted extended payment dates, Client will pay interest on
arrears for payments still outstanding after completion of the delivery. In the
absence of any written agreement to the contrary, interest on arrears will be
payable at a rate of at least 8% per annum, calculated from the due date.
12.8.
Upon unused expiry of the
payment period, Client will be in default without reminder. If Client is in
payment default, all RALAG’s claims arising from the business relationship with
Client will become due for payment immediately.
12.9.
Non-acceptance, payment default
or other changes in Client’s circumstances that jeopardise payment of RALAG’s
claims will entitle RALAG, at its sole discretion, to elect to: (i)
insist in writing on the performance of the purchase contract and claim damages
from Client for delay; (ii) waive Client’s performance and claim damages from
Client for non-performance, in which case RALAG may claim from Client 15% of
the purchase price as damages in addition to the value of the non-rendered
performance in any case; (iii) rescind the contract, in which case RALAG may
claim from Client compensation for the loss resulting from the default. RALAG
will, at its sole discretion, have the optional additional right to demand
security for all claims against Client; and/or to provide outstanding services
only against advance payment, notwithstanding the agreements made for the same.
12.10. RALAG will charge a handling fee for the reminder
in addition to the default interest. In the event of unsuccessful reminders,
the invoice amounts may be assigned to a company entrusted with collection. The
company entrusted with the collection will claim the outstanding amounts in its
own name and for its own account and may charge additional processing fees.
12.11. Discounts or vouchers will only be accepted on the terms and
conditions shown on the voucher. A voucher code or value must be entered during
the ordering process. Discounts not claimed in the process can no longer be
granted retroactively. Discounts cannot be accumulated.
13.1.
RALAG assumes the risk of loss,
destruction and depreciation of the Goods until they
are handed over.
13.2.
If Client is late in accepting
the Goods or in paying, risk passes to Client.
14.1.
Goods purchased from RALAG, in particular agricultural machinery, tractors, motorised
agricultural machinery, electric vehicles and lawn and grounds maintenance
machinery, can be brought to RALAG for service or repair. The contract for the
performance of such service, repair or other work for remuneration will be
deemed to have been concluded upon RALAG’s acceptance of Client’s request.
14.2.
With the contract for the
performance of work for remuneration, permission for test drives and test
deployments will be deemed to have been granted at the same time.
14.3.
As far as possible, Client will
be given the estimated price of the work for remuneration commissioned by
Client when the contract is concluded, otherwise Client may set cost limits. If
the work for remuneration cannot be carried out at the price stated or if it proves
necessary to carry out additional work or use additional parts or materials,
the costs stated by RALAG may be exceeded by 20%. In the event of a foreseeable
overrun of the stated costs by more than 20%, Client will be informed thereof,
whose consent will be deemed to have been given if Client does not immediately
object to an extension of the work for remuneration.
14.4.
Client will provide, at its own
expense, all materials and supplies and perform all other acts necessary for
the adjustment of the object of the order and for the performance of the test.
If Client fails to comply with its obligations, RALAG will be entitled, but not
obliged, to perform the acts in its place and at its expense. RALAG’s statutory
rights and claims will otherwise remain unaffected.
14.5.
If Client terminates the
contract, whether because the cost estimate has been exceeded or for other
reasons, Client will pay for the work and costs incurred up to that point,
including expenses for spare parts ordered and already procured, as well as the
profit.
14.6.
Upon completion or acceptance
of the commissioned service, repair or other work for
remuneration, RALAG’s entire remuneration will be due for payment. This
remuneration will be paid by Client immediately and without any deduction.
14.7.
The information provided by
RALAG on execution times for service, repair or other work for remuneration is
based on estimates and is therefore non-binding.
14.8.
RALAG will notify Client of the
completion of any service, repair or other work for
remuneration. Client will accept the object of the order within 14 days of its
knowledge of the completion of the commissioned work for remuneration. If the
service, repair or other work for remuneration has not
been objected to by Client at the time of acceptance or if acceptance has not
taken place in due time, the object of the order will be deemed to have been
duly accepted and approved. If Client has been notified of the completion of
the commissioned work for remuneration, the risk will pass to Client.
14.10.
With regard to material defects, the
statutory warranty is completely excluded to the extent permitted by law for
new Goods (spare parts, new material and REMAN) installed by RALAG within the
scope of service, repair or other work for remuneration that were or are
subject to a manufacturer’s warranty. If the Goods still have a current
manufacturer’s warranty, RALAG will provide the services owed therein during
its term. Otherwise the provisions of Clause 10 of
these GTC concerning warranty and guarantee will apply with regard to material
defects.
14.11.
Warranty claims arising from
service, repair or other work for remuneration performed by RALAG are excluded
completely to the extent permitted by law (in particular
rectification, compensation, replacement, rescission or reduction).
14.12. The objects handed over by Client for service, repair
or the performance of other work for remuneration are not insured against fire,
theft, transport and storage damage, etc. These risks must be insured by Client
or will be insured by RALAG at Client’s express request and expense.
14.13. Liability for the loss of money, valuables of any kind or documents
(e.g. business documents) and data in the object of
the order is excluded. Client will ensure that no such valuables are present in
the object of the order.
14.14. RALAG is entitled to a right of retention as per Art. 895 of the
Swiss Civil Code in respect of its claims arising from the contract in respect
of Client’s repair or other object of the order that has come into its
possession on the basis of the contract.
15.
Data protection
16.
Waiver of offsetting
17.1.
When handling the purchased
Goods, the manufacturer’s instructions and the information on the packaging
must be observed. Defective devices and machines must be taken out of operation
immediately.
17.2.
RALAG’s liability is limited to
intent and gross negligence. RALAG’s liability
is limited to intent and gross negligence. RALAG will on no account be liable in particular for (i) slight negligence,
(ii) indirect losses, consequential losses, downtime and the like as well as
lost profits, (iii) unrealised savings, (iv) losses resulting from delayed
delivery as well as (v) any acts and omissions of RALAG’s auxiliary persons,
whether contractual or non-contractual.
17.3.
Otherwise RALAG rejects
liability if the following events occur: (i) improper
storage, adjustment or use contrary to the terms of the contract; (ii) use of
incompatible spare parts or accessories (e.g. power supply); (iii) failure to
carry out maintenance and/or improper modification or repair by Client or third
parties; (iv) force majeure, in particular damage caused by natural hazards,
moisture, falls and impacts, etc., beyond RALAG’s control, and (v) official
orders.
17.4.
Any applicable mandatory
provisions of the Product Liability Act are reserved.
17.5.
If a data carrier or Goods
containing a data storage device is handed over to RALAG, Client in any case
expect a partial or complete loss of its data. Client is solely responsible for
the correct storage and protection of its data and for taking all necessary
measures for such purpose. RALAG accepts no liability whatsoever for any
possible loss of data.
18.
Place of performance / place of
jurisdiction / applicable law
The place of performance and exclusive
place of jurisdiction is the registered office of RALAG in Regensdorf, Switzerland. The place of
jurisdiction clause does not apply to cases where civil procedure law
prescribes another place of jurisdiction. The legal relationship will be governed
by Swiss substantive law to the exclusion of the United Nations Vienna
Convention on Contracts for the International Sale of Goods.
* *
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AGB_BUL-CH_B2C_EN_Version_20230606_valid 14.08.2023