General Terms and Conditions
- The prices do not include VAT, except pellets online orders.
- All prices are non-binding. Prices are subject to change.
- As a rule, we charge for stock lengths. We charge for cutting to intermediate sizes separately.
- A basic flat rate is charged for production orders of less than 15 m2.
- All prices and conditions are ex works from Erlenhof, 9200 Gossau, Switzerland.
- All transport is charged at a fixed rate based on distance. Minimum amount of CHF 90.00 per delivery.
3. Delivery deadline
- We do our best to meet delivery deadlines. All claims for compensation due to a failure to meet deadlines are rejected.
- Net within 30 days; unauthorised deductions shall be billed separately.
- Notices, suggestions and examples in our publications and from our employees are provided free of charge and without guarantee, normally also without taking extraordinary mechanical or chemical stress into consideration. They are consistent with the current state of our knowledge and apply to normal cases such as those which often occur in practice. Samples can be charged for.
6. Notifications of defects
- Upon receiving the goods, the recipient must report any damage sustained in transit and raise any other obvious objections.
- Other defects must be reported within eight days of receiving the goods at the latest and always before the goods are processed further. The goods must be inspected before they are processed further. We accept no responsibility for defects that are only reported after the goods have been processed.
7. Place of fulfilment and legal venue
- The place of fulfilment for the payment of the purchase price and for other services of the buyer is always the location of the commercial branch of the seller.
- All disputes arising from this agreement are subject to Swiss law. The legal venue is 9200 Gossau, Switzerland.
8. Retention of title
- The delivered goods shall remain the property of the seller until all claims of the seller against the buyer as at the conclusion of this agreement or arising on the basis of this agreement have been satisfied in full, regardless of the legal grounds. The buyer is not allowed to pledge or provide collateral.
- In the event that the delivered item is resold, regardless of whether or not this is permissible, the buyer hereby assigns all rights and claims against their purchaser arising from the resale to the seller in full. The seller accepts this assignment. The buyer is entitled to collect the assigned receivables as long as they are not in default of payment to the seller. In any case, the buyer must transfer the collected amounts to the seller immediately if the claims of the seller have matured.
- The retention of title shall be deemed expanded. Any processing of the delivered item to create a new item shall be carried out by the buyer for the seller without this resulting in any obligations for the latter. The buyer hereby grants the seller joint ownership of the new item based on the value of the new item relative to the value of the delivered item. If the delivered item is combined, mixed or blended with other goods that do not belong to the seller, the seller shall have joint ownership of the new item based on the value of the delivered item relative to the other goods at the time of combination, mixing or blending.
- The buyer undertakes to store the items that are subject to retention of title by the seller for the seller free of charge.
- If the buyer sells the delivered item together with other goods, regardless of whether or not it has been processed, combined, mixed or blended with them, or if the buyer installs the goods supplied by the seller on a plot of land, the buyer hereby assigns the resulting claims against their purchasers to the seller in full. The seller accepts this assignment. The clause above applies to the authority to collect receivables.
9. General information
- All rights are reserved to modify products.
- Unless indicated otherwise by us, the general provisions of the Qualitätskriterien für Holz und Holzwerkstoffe im Bau und Ausbau [Quality criteria for wood and wood products in construction] (2010 edition published by Lignum) apply.
- Our General Terms and Conditions form the basis of all contracts between Lehmann Holzwerk AG and its customers in connection with our range of products. Any deviating terms and conditions must be set out in writing.