GENERAL TERMS & CONDITIONS OF BUSINESS, Ts&Cs

The Terms & Conditions as set out below form part of any quotations and confirmations of order.

general information

The Terms & Conditions specified in SIA Standard 118 “General Terms and Conditions for Construction Work” and SIA Standard 342 “Solar and Weather Protection Systems” shall apply, as long as the Terms & Conditions below do not include any deviations from them. 

PRicEs aND binding nature

All unit prices are quoted exclusive of VAT. Unless otherwise agreed, quotations shall remain valid for 90 days.

Any changes to measurements or designs, or changes to the installation base or special accessories, shall give rise to the appropriate price corrections. The right is reserved to impose additional charges for installation on facades fitted with an external heat insulation system.Masse

Der Auftraggeber ist für die Einhaltung vereinbarter Masse und Pläne verantwortlich (Lichtmass +/- 5 mm gemäss SIA 342). Die CALIA-STOREN AG ist berechtigt, Massdifferenzen am Bau durch Unterlagen bis 12 mm auszugleichen.

dimensions

The Client shall be responsible for adhering to agreed dimensions and designs (dimensions +/- 5 mm in accordance with SIA 342). CALIA-STOREN AG is entitled to compensate for differences in construction measurements by using underlays of up to 12 mm.

colour choice

In the case of aluminium products, the choice of colour is in accordance with the applicable colour chart and in the case of textile products in accordance with the current CALIA-STOREN AG collection. 

Special colours result in an additional price per colour and product for quantities that are less than the minimum quantity.

If a longer delivery time is caused by the material procurement period, this begins at the time of the written approval of the finalised colour sample.

No guarantee can be made for the storage and re-procurement of a particular special dye / textile collection for deliveries at a later date, or for repairs. The relevant supplementary charges must be paid for this additional production work.

The right is reserved to supply minor deviations in colour nuances, levels of gloss or delivery options, and to make changes to the collections, and these must be accepted. 

delivery period

The delivery period begins at the time of the finalisation of measurements, design and choice of colour, and of the approval of any construction drawings or dimensional checks on site once the window installation has taken place. Delayed deliveries resulting from force majeure, operational disruptions or problems with the procurement of materials do not create an entitlement to claim damages or the annulment of the contract. No contractual penalties will be accepted.

shipping, storage and handling on the construction site

Shipment is normally undertaken free of charge to the construction site or the relevant railway stations within the valley. Truck access to the construction site must be ensured, and use of a crane and goods lift must also be provided free of charge. 

A lockable space must be made available free of charge for the storage of the delivered materials. Space must be made available to locate containers on larger construction sites.

In the case of transportation by rail, the cost of packaging will be charged separately. Stove enamelled parts may not be covered with adhesive tapes. If wooden components have been ordered in an untreated state, contrary to the recommendations of SIA standards 324/4.12 and 5.3, no liability will be accepted for any damage that may occur. This applies in particular in the event of swelling, warping or peeling off of the paint as a result of dampness or decay.

advertisements on buildings

In the absence of any specific written agreement to the contrary, CALIA-STOREN AG rejects any participation in advertisements displayed on buildings.

installation

It must be possible to carry out the installation procedure in one working step or, exceptionally, in two steps at the most. In all cases, the following are charged to the purchaser, in agreement with SIA standard 342:

• the creation of all cavities, recesses, lintels and boxes for  guides, rollers, gearbox components or drive shafts, taking account of the installation dimensions

• pick work and breakthroughs in masonry, concrete, synthetic stone and metal constructions

• tapping in and welding on external buildings and the connection with threaded rivets in aluminium facades, including delivery of these items

• plastering jobs, the filling of hollow spaces and sealing of cracks and fastenings

• holes made in stone depressions for doors, the block and retention holders for shutters or the re-handing of adjusted shutter wings after treatment is finished

• electrical supply and connection cables, safety devices, flush-mounted boxes, sockets, etc.

• electrical power connections for drilling machines, welding gear and lighting for the workplaces, all in accordance with the SUVA directives

• a scaffolding framework that fulfils the SUVA and building inspection requirements and will remain in place until the end of the installation work

• the additional outlay for installation tasks in occupied rooms (normally half an hour per window)

• the additional outlay for failure by third parties to adhere to the agreed dimensions or tolerance requirements

• the sound insulation measures that are taken in the event of unsuitable sub-construction conditions

• the re-fitting of system components dismantled on site or dismantled improperly (e.g. winders)

• the additional costs caused by involuntary interruptions to work

Accessibility must be guaranteed by the customer.

In the case of the replacement of adhesive supports for the block mounting and sun blinds, the brick must be at least 15 cm thick.

If this work has to be carried out by CALIA-STOREN AG, an invoice will be issued for the materials and the working hours at the applicable standard hourly rate. Scheduled work is always invoiced net. Electrical and centralised shutter control systems may only be commissioned in the presence of a specialist from CALIA-STOREN AG.

invoicing

Invoicing is undertaken on a staged basis in accordance with the actual scope of delivery. Unforeseen work required for construction reasons and associated with extra cost will also be subject to invoice. Orders placed at a later stage than the main delivery for individual items that cannot be fabricated and installed alongside the main delivery will be invoiced with appropriate small volume surcharges.

Any changes to the VAT rates will be taken into account with effect from the date of taking into service. If the order executions stage lasts for longer than six months from award of order, or if it exceeds the agreed fixed price deadline, a supplement will be charged, either by agreement or on the basis of the VSR inflation index. The following percentage rates apply as a basic principle, quoted as a % of the total amount: 40 % for the cost of materials, 30 % for fabrication and distribution costs and 20 % for installation costs. Any deductions that have not been contractually agreed are excluded.

terms & conditions of payment in the absence of any differing agreements

• Up to CHF 3,000.00, 30 days net from presentation of invoice

• From CHF 3,000.00, 60% payment at award of order, 10 days net against advance payment invoice Installation date reserved until receipt of payment 40% payment, 30 days net from final invoice

• From CHF 30,000.00, 60% payment at award of order, 10 days net against 1st advance payment invoice 30% payment against confirmation of delivery from suppliers, 10 days net against 2nd advance payment invoice Installation date reserved until receipt of payment. 10% payment 30 days net from final invoice

Reservation of title

We reserve title to the goods sold until we have received payment in full for all our current and future claims arising from the purchase agreement and any ongoing business relationship (secured claims).

Those goods that are subject to reservation of title may neither be pledged nor assigned by way of security to third parties before payment for the secured claims has been made in full. The Purchaser is required to notify us immediately and in writing if and to what extent any third parties should gain access to the goods that belong to us.

In the event of any behaviour by the Purchaser in breach of the agreement, and in particular in the event of non-payment of the due purchase price, we shall be entitled to withdraw from the agreement in accordance with the statutory provisions, and to demand that the goods be returned on the basis of the reservation of title and such withdrawal. Should the Purchaser fail to pay the due purchase price, we shall only be entitled to assert the above rights if we have previously provided an appropriate period for payment to be made, to no avail, or if the statutory regulations deem it is unnecessary for such a period to be provided.

The Purchaser shall be entitled to re-sell and/or to process in the normal course of business those goods that are subject to reservation of title. In such a case, the following provisions shall also apply.

GuARANTeE

According to SIA, the guarantee period for complete shutter systems, including motor drives and control systems, is two years from the date of invoice. Payments retained as surety for the guarantee obligation are excluded.

• The guarantee does not cover defects arising from gross negligence, damage caused by storm or hail, operation of the equipment when iced up, slight abrasion damage, bleaching of special colours, replacement of a component normally subject to wear and tear or damage caused by cleaning (ref. VSR datasheet in this regard).

• In the case of roller/slat blinds with flexible slats, and in the case of textile blinds, there is no guarantee for damage caused by use in stormy weather; the same applies to roller or slatted blinds with guide rails fitted more than 15 cm away from the glazing, or roller or slatted blinds that are not closed off at the side.

• No liability is accepted for the formation of patches in the wood as a result of natural treatment. A cross-cut must be accepted.

• Galvanised iron components have a thickness that meets the SIA requirements. Permanent protection against rust cannot be guaranteed without additional coats of paint.

• No liability is accepted for water damage in facades with external thermal insulation.

• Products with minimum or maximum dimensions that lie outside the limits specified in the company’s brochures are not covered by the guarantee.

• Any damage caused to the blinds by objects standing on the floor or the windowsill is also outside the cover of any guarantee.

Any claims for replacement for consequential loss are excluded.

Any repair work carried out by third parties cancels the guarantee; the costs associated with this work will not be paid. The winders for folding roller shutters may not be dismantled.

When work is being carried out under the guarantee, problem-free access must be available to the sun and weather protection systems; any equipment required by SUVA or the building regulations must be provided at the cost and responsibility of the Client. 

Guarantee claims do not allow the postponement of any payment that may be due at the time, or for any claims for compensation for damages to be asserted. In the case of delivery without installation, the obligations under the guarantee are limited to the materials involved.

conversions aND RENOVATIONs

Unnecessary passageways, waiting periods and complicating circumstances will be invoiced along with the standard work fees. The dismantling work necessary for alterations will always be undertaken at the risk and responsibility of the Client. The work to remove curtains and to cover any fitted carpets must be undertaken in good time by the Client. If this work has not been done, any claim for compensation for damage will be rejected. Any tenants must be notified by the Client before work begins so that all the apartments are accessible.

The following are charged to the purchaser in all cases:

• scaffolding that complies with the requirements of SUVA and the building inspectors 

• the dismantling of existing sun and weather protection systems, where necessary

• the prising away of existing fittings

• the provision of recesses and the transportation and disposal costs associated with the dismantled materials

• the repair work on masonry, window frames, windowsills, woodwork and wall coverings

• the cleaning of rooms as necessary after the work has been completed

• the covering and protection of flooring 

place of fulfilment aND court of jurisdiction

The place of fulfilment and court of jurisdiction is at Fahrweid-Weiningen, the headquarters of CALIA-STOREN AG.

8951 Fahrweid-Weiningen, 4th January 2023