General Terms and Conditions of Sale and Delivery

1 Scope of the delivery obligation
The written order confirmation is decisive for the scope and execution of the delivery. Services which are not
not listed therein shall be invoiced separately. We must be notified in writing of any changes immediately, but no later than two working days from the date of the order confirmation.
date of the order confirmation.

2 Prices
2.1 Prices are net, excluding VAT. ex warehouse CH-6243 Egolzwil, or if mentioned in the offer or order confirmation ex works, or another designated warehouse location
2.2 In the event of increases in taxes, government levies and fluctuations in raw material prices, we reserve the right to change prices, even for current orders.
2.2 Unless otherwise stated in our quotations, the validity of our quotations is 30 days.
2.3 Our prices do not include packaging (exchange pallets must be exchanged)
2.4 For deliveries worth less than CHF 150, we charge a minimum quantity surcharge of CHF 25.

3. payment
3.0 For private customers and new customers unknown to us, payment in advance is required within 10 days of the invoice date.
3.1 Delivery on account, payable net within 30 days from the date of delivery/ dispatch of goods in the currency offered and/or confirmed, is only possible after our written confirmation.
If payment is made in Swiss francs instead of euros, the foreign exchange letter or selling rate of our bank shall be applied.
3.2 Payment deadlines must also be adhered to if transport and delivery are delayed or made impossible for reasons for which we are not responsible.
3.3 It is not permitted to reduce or withhold payments due to complaints, claims or counterclaims not recognised by us.
Unjustified discounts or other deductions will be charged subsequently.

4 Retention of title
The delivered goods shall remain our property until the purchase price has been paid in full. The customer is obliged to inform us of any changes to the location of the delivered goods on request. We may convert this reservation of title at our
reservation of title in the reservation of title register at our discretion.

5 Delivery date
The agreed delivery dates are approximate and will be adhered to by us whenever possible. The purchaser shall not be entitled to claim damages or cancellation of the contract due to late delivery; in the event of late delivery, the purchaser shall only be entitled to exercise his statutory rights after setting a reasonable grace period of at least four weeks. Events of force majeure shall entitle us to cancel our delivery obligations in whole or in part.

6 Transport and assembly
6.1 The customer shall always bear the costs and risk for loading and dispatch of the delivery from the designated factory, harbour or our warehouse.
The customer shall also bear this risk if the transport (DDU + DDP) is organised by Arcawa and is also included in the prices.
6.2 Unless expressly stated in writing, any fees and customs clearance costs are not included.
6.3 Benefit and risk shall pass to the customer at the latest upon dispatch of the delivery ex works or warehouse CH-6243 Egolzwil.
to the customer. If the customer is in default of acceptance, they shall pass to the customer from the time of readiness for dispatch. 6.3
If required, we shall provide the customer with assembly instructions for each delivery. Unless otherwise agreed, the customer shall assemble the delivery himself at his own expense and risk.

7. inspection of the delivery and notification of defects / no right to return goods.

The customer must visually inspect the delivery immediately upon receipt and have any transport damage immediately acknowledged by the driver and report it to us. Any defects in the unpacked goods must be reported to us immediately, but at the latest within five
(5) days after receipt of the goods. A return of the goods is generally excluded, as in most shops customised adjustments are made. (Customised production, printing, special accessories, roll assembly, etc.)

8 Warranty and liability
8.1 We guarantee that the ordered goods have been dispatched to us in perfect condition. Parts that are proven to be defective or unusable as a result of poor material, faulty design or poor workmanship will be repaired or replaced at our expense within a reasonable period of time.
replace at our expense within a reasonable period of time.
8.2 Excluded from the guarantee are damages due to natural wear and tear, inadequate maintenance, disregard of assembly instructions, excessive load, chemical or electrolytic influences and all other reasons for which we are not responsible,
for which we are not responsible.
8.3 In the case of deliveries to commercial users, the obligation to pay compensation for material damage resulting from the Product Liability Act BGBL 1988/99 as well as product liability claims that can be derived from other provisions is excluded.
are excluded.
8.4 The warranty period is 36 months from delivery. Tested used goods 3 months.
8.5 Any further claims of the customer over and above the warranty services in accordance with clauses 8.1-8.4, in particular claims for damages or cancellation of the contract, are excluded. This also applies to consequential damages.

9 Validity of the conditions
These General Terms and Conditions of Sale and Delivery shall be binding for all transactions with Arcawa if they are declared applicable in the offer or in the order confirmation. Any other terms and conditions of the customer shall only be valid if they have been confirmed by us in writing. These GTC shall remain valid even if parts of them are declared invalid. (severability clause)

10 Place of fulfilment, applicable law and place of jurisdiction
10.1 This legal relationship is subject to Swiss law.
10.2 The place of fulfilment for all services arising from this contract is CH-6243 Egolzwil.
10.3 The exclusive place of jurisdiction is Lucerne.

Yours sincerely, The management of Arcawa GmbH,

CH-6243 Egolzwil , November 2023