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This Heliobus project is recommended to you: #uph001# Thank you very much for your interest! Heliobus AG Sittertalstrasse 34 | 9014 St.Gallen | Switzerland +41 71 544 66 88 | info@heliobus.com www.heliobus.com | www.GLASSFLOOR.ch
GLASSFLOOR Project reference

1. general

1.1 These General Terms and Conditions of Contract and Delivery (GTCD) shall apply
to all our sales, deliveries and any subsequent transactions.
Any conflicting terms and conditions of the customer shall not be binding for us,
even if they have been used as a basis for the order.

1.2 Changes and additions to the contract and our AVL are
only valid if they are confirmed by us in writing. In the case of verifiable
additional work or additional expenditure, an adjustment of the agreed contract sum determined by us may result
.

1.3 Our prices are quoted in the currency offered.
Customs clearance and any taxes
and fees levied at the customer's domicile shall be borne by the customer. Obtaining a
building permit, if required, is the responsibility of the customer.

1.4 Plans, sketches, as well as construction cleaning and disposal are not
subject of our offer/contract, unless this is expressly agreed
.

2. conclusion of contract

2.1 We reserve the right to make improvements or technical changes to the design or
execution of our deliveries.

2.2 The contract shall only be deemed concluded if we have confirmed acceptance
of an order in writing. If the customer cancels an
order, we will charge a cancellation fee in the amount of 25%
of the agreed price. We reserve the right to claim further damages
.

3. delivery deadlines

3.1 If the delivery period is specified as a period (and not as a date),
it shall commence on the date of receipt of the down payment. Any
delivery period shall be extended appropriately if we do not receive information or documents
in time, if these are subsequently changed by the customer with our
consent or if a down payment
is received late.

3.2 If the failure to meet a delivery deadline is not due to our exclusive
and gross negligence, the customer
shall have no right to withdraw from the contract, nor to waive the
delivery, nor to claim damages.

3.3 In the event of operational disruptions, unforeseeable difficulties
in the procurement of materials, strike, war, failure of the energy supply,
traffic blockages and other cases of force majeure
we shall be entitled to set new delivery periods or to withdraw from the contract
.

4. payments

4.1 Representatives and fitters are not authorised to collect payments.

4.2 Payment conditions as a rule: 50% upon conclusion of the contract,
within 10 days, balance upon completion of the installation work,
within 20 days. Special arrangements, see offer.

4.3 After expiry of the payment deadline, interest on arrears is owed without further reminders
at 1% per commenced month above the payment deadline
. The reminder fee amounts to € 80.

4.4 Withholding or reduction of payments due to complaints
is only permitted with our consent. The set-off
of any kind of counterclaims is excluded.

5. Taking measurements

5.1 Calculation basis: One-time dimensional survey; free access to the
object, all relevant components (see checklist) are existing, or
ready-made. If the customer takes the measurements,
also assumes responsibility for the correctness of the measurements. Subsequent
structural changes are to be remeasured.

6. assembly conditions

6.1 Calculation basis: assembly in one stage, access and free,
ground level access to the place of work (inside and outside the building).
Electricity connection, possible scaffolding, platforms, crane etc. are to be provided according to
our specifications at the expense of the customer. Construction cleaning
is not included.

6.2 Prior to the agreed commencement of the installation work, the customer
shall, at its own expense, make in good time all preparations and measures,
(in the case of new buildings, see checklist), which are necessary for the proper
course of the work, the trouble-free performance and the
uninhibited completion.

6.3 Immediately after completion of the installation work, the customer shall inspect the work in
the presence of our fitter and confirm
proper acceptance. Any complaints
must be made in writing immediately. If no acceptance takes place,
the work is considered as accepted. We reject subsequent complaints
.

6.4 For damages caused by our fitters to buildings or
other constructions, we shall be liable within the scope of our
business liability insurance (personal injury and property damage 3.0 million
CHF, construction damage 0.25 million). Consequential damages are excluded from liability
.

7 Warranty

7.1 Hidden defects must be reported in writing to
immediately after their discovery. If this does not happen, we assume no
liability. Glass breakage is excluded from the warranty.

7.2 The warranty period is two years from the date of assembly of the work. Defects occurring during
this period must be reported immediately in writing to
, otherwise any warranty is excluded
. An extension of the warranty period due to rectification of defects
does not occur.

7.3 Our warranty is limited to the replacement of defective
parts. We reject any further liability for damages, in particular for consequential damages
. Also rejected is the compensation of
costs for the removal of defects, which the customer himself or by third parties
has undertaken. A claim of the customer to price reductions
or conversion does not exist.

7.4 We do not assume any warranty for technically caused damage to adjacent components that
occur during the assembly and / or disassembly of existing equipment,
.

7.5 Excluded from the warranty are defects that are due in particular
to improper drainage of the light well, detailed construction not in compliance with
standards in accordance with SIA recommendations, natural
wear and tear, inadequate maintenance (see maintenance recommendations),
disregard of operating instructions, excessive stress,
improper intervention by third parties, etc.. Also
excluded are defects which are due to the fact that instructions issued by us
after receipt of the notice of defect have not been followed.

7.6 Excluded from the warranty are defects and
consequential damages for which an exclusion of liability exists on the part of
suppliers or third party contractors.

8. bank and insurance guarantees

8.1 Bank and insurance guarantees will only be provided from a contract sum
of more than Euro 25'000 against an additional charge of minimum
Euro 250. Beyond that, 1 % of the settlement sum
will be charged for guarantee services.

9. additional conditions

9.1 In case of on-site assembly or delivery without assembly, the
risk shall pass to the customer upon leaving our works
irrespective of who arranges the transport and pays the
freight costs. Our prices are net ex works.

10 Place of performance, place of jurisdiction, law

10.1 Insofar as these GCS do not contain any provisions, the provisions
of the SIA standards in the currently valid version and
those of the Swiss Code of Obligations shall apply in addition.

10.2 The place of jurisdiction is Munich. However, we shall also be entitled to bring an action
before the competent court at the customer's place of business.

Heliobus GmbH, Munich February 23, 2022