General Terms & Conditions

1. Scope:These General Terms and Conditions of Delivery and Business apply to all concluded sales transactions and contracts for work and services, as well as related deliveries and subsequent deliveries between BG-Graspointner AG, 3250 Lyss (hereinafter referred to as “BG”), and the respective business partner (hereinafter referred to as “Partner”). By placing an order, the Partner acknowledges these General Terms and Conditions. Deviations from these terms shall only be legally valid if expressly confirmed in writing by BG. Deviating, conflicting, or supplementary terms and conditions of the Partner shall not become part of the contract, even if known, unless BG expressly agrees to their validity in writing. 2. Offers and Conclusion of Contract:All price indications in lists and offers are subject to change and non-binding. All information such as dimensions, weights, illustrations, descriptions, sketches, and drawings in catalogs, price lists, and other printed materials are determined to the best of our knowledge but are non-binding. The contract is concluded only upon BG’s written order confirmation or through the first action taken by BG that is recognizable to the Partner in connection with fulfilling the order. 3. Prices and Billing:Quoted and invoiced prices are net prices plus statutory VAT. Billing is based on the dimensions and quantities of the actual delivery or service. Unless otherwise agreed, prices in offers and brochures are ex works. If delivery with transport is agreed, this will be invoiced separately. BG reserves the right to adjust prices accordingly if the order quantity deviates from the offer. Additional services beyond BG’s offer, arising from subsequent requests by the Partner or necessary changes during contract execution, shall be remunerated separately. Changes in cost components entitle BG to make corresponding price adjustments. 4. Delivery:BG will meet stated and agreed delivery deadlines as far as possible. If this is not possible, the Partner has the right to withdraw from the contract after setting a reasonable grace period. The Partner waives any claims for damages due to delay in delivery. In cases of strikes or lockouts within BG or its suppliers, energy shortages, traffic disruptions, official orders, delayed self-supply, or force majeure, BG is not bound by agreed delivery deadlines. In such cases, delivery time is extended by the duration of the disruption, and no claims for damages or contractual penalties can be made. If delivery or performance becomes impossible due to such circumstances, BG shall be released from its obligation to deliver or perform. In the event of default in acceptance by the Partner, BG is entitled to store the goods at the Partner’s expense and risk, invoice the goods, and declare payment due in accordance with the agreement, or withdraw from the contract and sell the goods elsewhere. Delivery “free to consignee” means without unloading by the supplier. Unloading must be carried out properly and immediately using equipment and personnel provided by the Partner. The risk transfers to the Partner upon dispatch from the factory in all cases. 5. Pallets – Return of Pallets:Most products can only be delivered on pallets. The Partner agrees that EURO pallets and special-size pallets may generally be charged. If EURO pallets are returned freight-free to BG in perfect condition within four weeks, the Partner will receive a credit note. One-way pallets (marked as such) will not be credited even if returned. 6. Returned Goods and Credit:Goods supplied by BG will only be taken back with prior written consent and if returned freight-free, in perfect condition and in original packaging. Returned goods will be credited minus a handling fee of at least 20%. Custom-made products cannot be returned. 7. Cancellation of Order:In the event of full or partial withdrawal from the contract by the Partner, a cancellation fee of 20% shall apply. Cancellation is excluded once production has started. 8. Payments:Unless otherwise agreed, payments are due immediately upon receipt of invoice without deductions. Partial deliveries will be invoiced immediately and are therefore due independently of completion of the total delivery. 9. Warranty:Unless otherwise agreed, the warranty period is 24 months from the invoice date. Due to the wide range of applications beyond our control, we cannot guarantee the service life of our products. Material proven to be unusable will be replaced free of charge. Liability for further claims of any kind, especially for installation and removal, as well as consequential damages due to improper assembly or use, is excluded. The warranty does not cover damage caused by natural wear and tear, inadequate maintenance, non-compliance with operating instructions, chemical or electrolytic influences, faulty installation, or other causes beyond our control. 10. Consulting:All advisory services provided by our employees are non-binding. All information and proposed solutions must be checked by the project author or structural engineer to avoid misunderstandings due to incorrect interpretation. 11. Retention of Title:The goods delivered by BG remain the property of BG until full payment has been made. 12. Warranty and Liability:BG warrants the agreed properties and that the delivered goods are free from defects in accordance with the state of the art. Upon receipt, the Partner or its representative must inspect the goods for quantity and condition. Defective goods must not be installed. BG must be notified of defects no later than three days after receipt. BG may, within a reasonable period and at its discretion, remedy defects, supply missing quantities, or provide replacement goods. Further claims, in particular cancellation or price reduction, are expressly excluded. Warranty expires upon processing or modification of the goods by the Partner or third parties. All warranty claims expire without exception six months after delivery. They also expire if installation instructions, guidelines, or technical notes are not followed or if improper installation or further processing occurs. Hidden defects must be reported within one week of discovery. The Partner bears the full burden of proof for all claim requirements, especially the defect itself, the time of detection, and timely notification. Outside the scope of product liability law, the Partner may claim damages from BG only in cases of intent or gross negligence. Liability for consequential damages and installation/removal costs is excluded. BG shall not be liable for slight negligence, indirect damages, financial losses, lost savings, loss of interest, or claims by third parties against the Partner. These limitations do not apply to personal injury, health damage, or loss of life attributable to BG. 13. Copyright / Trademark Rights:Trademarks, drawings, and projects remain our property. Reproduction, use, or disclosure to third parties is not permitted without our express consent. 14. Place of Performance, Jurisdiction, and Applicable Law:The place of performance is BG’s registered office in CH-3250 Lyss. The competent court at BG’s registered office shall have jurisdiction over all disputes arising from this contract, unless the Partner is a consumer under consumer protection law. Swiss law shall apply.