General Terms and Condi­tions (V09/2019)

Scope of application
These General Terms and Condi­tions (GTC) are an integral part of all offers and contracts between the customer and nevalux AG. They apply to every order and, in the case of engi­neering services, remain valid for the entire duration of the project. Changes or addi­tions to the (GTC) will only be effective if nevalux AG has given its written confirmation.

Shipping
nevalux AG deter­mines the type of shipment. It is entitled to deliver the goods in partial ship­ments. Transport is at the expense of the customer. We deliver in Switzerland from CHF 500.00 carriage paid, including pack­aging. Bulky goods ship­ments, express ship­ments and partial deliv­eries requested by the customer are excluded from this rule and will be charged at cost. The following condi­tions apply to construction site deliveries:

• Shipping flat rate: 100.–
• Shipping with noti­fi­cation flat rate: CHF 120.–
• Forwarding to appointment with noti­fi­cation flat rate: CHF 180.–
• Forwarding fixed date with noti­fi­cation flat rate: CHF 200.–

Deliv­eries are at ground level or on a ramp. The recipient provides the persons necessary for unloading at his expense. For deliv­eries, the signature of an employee of the recipient shall be obtained to confirm that the shipment has been received in full and is free of visible damage. The goods travel at the risk of the recipient. The disposal of pack­aging material is at the expense of the recipient. nevalux endeavors to deliver the shop items within a week. Longer dead­lines are usually commu­ni­cated in writing. Claims for damages to the customer due to delayed delivery are excluded in all cases. Instal­lation, training and commis­sioning are not included in the e‑shop prices.

Offers and prices
Offers of nevalux AG are made, insofar as their period of validity is not expressly stated, without oblig­ation, in the case of deliv­eries of goods subject to prior sale. The listed prices are in CHF excl. VAT and excl. recy­cling fee. All lumi­naire prices are inclusive of bulbs. In the event of fluc­tu­a­tions in exchange
rates, nevalux may adjust the prices accord­ingly. All prices are subject to change without notice. Purchasing condi­tions of the purchaser or
amend­ments to these terms of sale and delivery, as well as all other
agree­ments, are only binding for nevalux AG to the extent that they have been acknowl­edged in writing. Published product descrip­tions, schemas, pictures, videos, are not binding. nevalux reserves the right to make changes at any time.

Perfor­mance documentation
The customer receives a detailed overview of the services provided in the invoiced work. nevalux AG reserves the right of ownership and copy­right to all concepts, drawings, drafts, schematics and cost esti­mates. These docu­ments are entrusted to the recipient personally and may not be made acces­sible to
third parties or copied without written permission. Upon request, they are
to be returned.

Terms of payment
Invoices are usually payable 30 days after receipt of the invoice, without any deduc­tions. If the term of payment is exceeded, nevalux is entitled to charge default interest plus expenses after unsuc­cessful reminders. The interest rate is set at 2% above the current account interest rate for unse­cured loans of the Zürcher Kanton­albank. Other payment methods are mentioned in writing on the order confir­mation. Until full payment, the delivered goods remain the property of nevalux AG. Orders with a net value of more than CHF 10’000.- are
invoiced as follows: 1/3 on placing, the order, 1/3 on delivery and 1/3 after completion of the project or accep­tance report. Our engi­neering services are charged monthly according to effective effort. For new customers, the delivery can be made dependent on an advance payment.

Orders
By placing an order, the customer accepts these terms and condi­tions. If the customer has placed an order and this has been offi­cially formalized by nevalux AG in the form of an order confir­mation, changes or cancel­la­tions can only be made by mutual agreement. In the case of struc­tural changes made after the order has been placed and have had an influence on the products produced or in production, addi­tional costs will be charged to the customer.

Delivery
We strive to meet agreed delivery dates. The delivery period runs from the date of defin­itive and binding clearing of all qual­i­tative, quantitative,and tech­nical details or from the date of the adjusted final order confir­mation. If changes are agreed later, the delivery period starts from the date of the change. The delivery times are kept to the best of our ability. Compen­sation claims due to missed dead­lines are excluded.Mass and design changes, devi­a­tions from figures, weights, dimension tables or other such infor­mation may be waived, if this proves to be appropriate.

Template
Normally, samples are chargeable. Available sample-products will be
provided for a period of 30 days. Non-returned samples will be charged after this date. The return of goods is only allowed when said goods are in original condition.

Warranty
The warranty for the complete lighting solution is 5 years (except batteries: 2 years and Steinel DIY range: 3 years) after delivery and is limited during this time to occurring defects, which are demon­strably due to material, design or construction defects on the part of nevalux AG. Any further warranty or compen­sation, or any other conse­quential damages, are
excluded. Lumi­naires in which the customer or a third party has carried
out alter­ations or repairs inval­idate any warranty claim. Before claiming
a guar­antee, the customer must imme­di­ately inform nevalux AG about the case. For arbi­trary deci­sions, any liability and cost conse­quences are rejected. For merchandise, the warranty is limited to the scope of the manufacturer’s
warranty.

Liability
nevalux is liable to the customer only for grossly negligent or intentionally
caused damages. Any liability for indirect and conse­quential damages, such as lost profits, unre­alized savings, or claims of third parties are excluded.

Complaints
Such must be sent within 5 working days after receipt of goods in writing. In the case of demon­strably faulty delivery, the goods will be repaired, replaced or credited. All other claims are rejected.

Returns
Returns of correctly delivered stock items are only accepted if nevalux agrees to a return and if the goods are returned in original condition in their original pack­aging. Only assortment items are accepted. Items that have not been delivered from stock or are custom made for the customer can not be returned.

Provision of services
nevalux stands for quality and excel­lence and always strives for a faithful and careful order fulfillment. If necessary, nevalux is entitled to involve knowl­edgeable third parties to perform services. nevalux reserves all intel­lectual property rights to the services provided and the docu­ments handed over to the customers.

Require­ments
During the provision of on-site instal­lation services, a local and
knowl­edgeable customer’s employee must be available at the instal­lation site. The customer ensures adequate access to the premises. If the tech­nician can not perform the work due to negli­gence on the part of the customer, the addi­tional costs shall be borne by the customer.

Juris­diction and applicable law
Swiss law applies. Place of fulfillment and exclusive place of juris­diction is Uster.

Uster, January 2019