The GTCs of DTREU AG constitute an integral part of the contractual relationship in the sense of Art. 394 ff. of the Swiss Code of Obligations between the customers and DTREU AG. Departures from them are only valid, if they are confirmed in writing by DTREU AG.
All our offers, services, sales and deliveries proceed on the basis of the following terms and conditions, even if they are not expressly referred to; they are deemed accepted on issue of the order. These terms and conditions are the content of every contract concluded in their full scope. Changes must be affected in written form. Oral or telephone agreements only become legally valid if they are confirmed in writing.
2. CONCLUSION OF CONTRACT
Failing to immediately reject written documents delivered for review does not constitute acceptance of the order quotation. The customer’s order quotation will only accepted as binding, if the DTREU AG confirms the acceptance for consultation to the customer in writing. This confirmation is, as a rule, proceeded by correspondence about the timeframe for the desired services.
The resulting contract relationship (work contract) comes into being between the third party commissioned by DTREU AG on the one hand and the customer of DTREU AG on the other. The DTREU AG is thereby not functioning as a substitute and is not included in the contracting relationship. The commissioning of third parties will be done at the request of customers of DTREU AG and is free of charge for that party. The resulting contracting relationship (work contract) comes into being between the third party commissioned by DTREU AG on the one hand and the customer of DTREU AG on the other. DTREU AG is not included in contractual relationships for which reason it also accepts no liability of any kind for the performance owed by the person commissioned and that person’s extra-contractual conduct.
3. GUARANTEE AND LIABILITY
DTREU AG is not liable in cases of gross negligence or illegal intent for damages that result from a defect in the delivered good or other performance. DTREU AG grants a 1-year guarantee on its products applying to the physical properties of the product to the extent that damage is caused without any mechanical effects from outside or through improper machining, assembly or storage.
On receipt of the wares, the buyer must immediately check them for completeness, accuracy and freedom from defects. Complaints regarding defects that are acknowledged will only result in successful warranty claims if they are communicated to us in writing within seven days of the receipt of the wares.
Transport damages must be noted in detail on the delivery note. On signing the delivery note, the recipient confirms that the goods delivered were complete. This also applies to partial deliveries. Deviations from the order are not considered defects. DTREU AG is entitled at any time to provide a subsequent delivery of any missing materials. Shipping proceeds in every case at risk to the buyer, even in the case of carriage paid delivery. If an external transportation company is commissioned by the buyer for delivery of the wares, the costs of delivery of the wares ex works or ex stock will be wholly borne by the buyer. When we carry out transport, the cargo will be insured to its highest value, etc.