General terms & conditions of Hydroplant AG

1. OFFERS AND PRICES

Our products and the performance of associated work are subject to the conditions set forth in our order confirmation. Our offers are valid for 120 days.

All our prices are binding according to the offer, order confirmation or description in our nursery; these prices may change due to inflation or exchange rate fluctuations.Unless otherwise agreed, all confirmed total prices are net prices without any deductions.

2. ORDERING AND CONTRACTUAL AGREEMENT

On placement of the order, the ordering party recognizes these sale conditions.

A verbal or written order is regarded as accepted when it has been confirmed in writing by us. Our written order confirmation is definitive with respect to the scope and performance of the job.

After our order confirmation, annulments and modifications of the order are possible only with our written consent and are subject to charges.

Ordered goods must be accepted within the defined time period. On expiration of this period, we reserve the right to invoice for the goods and charge storage fees.

3. DELIVERY TIMES

We strive to fulfill agreed delivery schedules. These schedules are valid only if agreed in writing. Delays in delivery do not entitle the ordering party to withdraw from the contract or demand compensation for any damages resulting from such delays.

The delivery period begins with the date of the definitive clarification of all qualitative and technical details.

4. DELIVERY

Delivery is from the nursery in Gossau, but is generally organized and billed through Hydroplant AG.

5. TRANSFER OF BENEFITS AND RISKS

Transport of the delivery is made at the recipient’s risk.

Defects must be reported within eight days of delivery.

6. PAYMENT

Orders with a net value of goods of CHF 20,000 and over, or in the case of custom productions, are billed as follows:

1/3 on receipt of the order

2/3 within 30 days of delivery

Our invoices are payable in full within 30 days. Unauthorized deductions will be recharged.

In case of failure to comply with the payment period, the ordering party is obliged, without specific notification, to pay the legally applicable default interest from the due date of the payment. We retain ownership of the goods until payment has been made in full.

Payment deadlines remain in effect even if

  • transport, delivery, installation, commissioning and acceptance of the product are delayed or rendered impossible for reasons for which the supplier is not responsible.
  • Non-critical components are missing.
  • Post-delivery work is required without which the use of the product is nevertheless possible.

7. SAMPLES

We will provide samples on request by the client. If this results in any expense to us beyond the usual scope, the costs will be charged to the client. For natural products (e.g. plants), naturally occurring deviations from the samples are possible and cannot be claimed as defects.

8. RESERVATION OF OWNERSHIP

We retain ownership of the delivered goods until payment has been made in full. The ordering party is obliged to participate in measures required for the protection of our property.

The ordering party must maintain the delivered objects in proper condition at its own expense during the period of retention of ownership, and secure them against theft, breakage, fire, water and other risks. Furthermore, it is obliged to enact all measures to ensure that our claim of ownership is neither compromised nor abrogated.

9. PLANS AND TECHNICAL DOCUMENTS

Catalogs, prospectuses and, in particular, free greening projects are not binding unless otherwise agreed. Specifications in technical documents are binding only if they have been expressly affirmed in a specific case.

Each party to the contract retains all rights to plans and technical documents issued to the other party. The recipient contracting party recognizes these rights and shall not make the documents or any parts thereof available to third parties or use them for any purpose other than the one for which they were issued without the written consent of the other contracting party.

10. WARRANTY FOR MATERIAL DEFECTS

a. Duty of inspection and notification of defects

The ordering party of the product is obliged to inspect the product on receipt and notify us of any defects in writing – before any further processing or use or connection with other objects – within eight days of delivery.

Under no circumstances may repairs or modifications to the delivered products be done at our expense without our written consent. Any such work will be conducted by us to ensure the promised performance, but this does not justify any further claims or voiding of the contract.

b. Warranty and deadlines

The warranty for vegetation is six months after acceptance of the delivery. The warranty period for pots and technical installations is two years and five years for latent defects.

If a supplier offers a longer warranty period for certain products, we pass it along to our clients.

c. Scope of liability

Our warranty extends to the specified characteristics of the purchased product and its freedom from defects.

Defects covered by the warranty will be remedied by us free of charge. If repair is possible, the right to void the contract or receive a price reduction is excluded. We reserve the right to present a different solution that adequately satisfies the interests of both partners. Any other claims on the part of the ordering party due to a defective product, and in particular damages for consequential costs and damages, are excluded.

11. EXCLUSION OF LIABILITY

We do not bear liability for

  • Minor deviations in the product related to dimensions, color or design compared with illustrations, samples or our sales documents.
  • Damage due to the application of force, changes, repairs or improper maintenance by third parties.
  • Pest infestation or plant diseases.

All claims of the ordering party other than those explicitly mentioned in these conditions, irrespective of the legal reason for their assertion, and in particular any not explicitly named claims to compensation, price reductions or withdrawal from the contract, are excluded.

12. SERVICE AND RENTAL CONTRACTS

The conditions for service and rental agreements are handled in a separate contract.

13. PLACE OF FULFILMENT AND PLACE OF JURISDICTION

The exclusive place of jurisdiction for all disputes is Zurich.

14. APPLICABLE LAW

This contract is subject to Swiss law.