AGB

General Terms and Conditions of Sale and Delivery of

TREWA FRANK GmbH

These General Terms and Conditions of Sale and Delivery are an integral part of every contract between TREWA FRANK GmbH and its customers. Any deviations must be agreed in writing, whereby transmission by email is expressly recognized. Any deviating terms of the buyer are only valid if they have been expressly accepted and confirmed by us in writing.
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We deliberately avoid gender-inclusive or gender-neutral wording in order to keep our statements clear and understandable.

Offers / Quotations

Offers are valid for a maximum of 30 days, unless otherwise agreed in the offer. After that, it is at the discretion of TREWA FRANK GmbH to offer the goods to the customer at the quoted conditions.

Conclusion of Contract

The contract is only concluded upon our written order confirmation, and these terms and conditions are deemed accepted. For deliveries without an order confirmation, these terms and conditions are deemed accepted upon acceptance of our delivery at the latest.

Orders via the Internet / Webshop

Orders via the Internet are only valid upon receipt of our written order confirmation. The order confirmation is only a confirmation of order receipt. The order confirmation lists the actual costs, which are binding. Any objection or withdrawal due to a price discrepancy must be communicated to TREWA FRANK GmbH in writing within 3 days of receipt of the order confirmation.

Custom-made items / Special dimensions, materials, and colors

Custom-made items and products with customer-specific dimensions, colors, and materials cannot be exchanged or returned. A surcharge will be charged for modifications to standard and stock items or custom-made items, depending on the time and effort involved.

Binding nature of technical data and descriptions

The details listed in the order confirmation, such as dimensions, colors, prices, and delivery conditions, are binding and cannot be subsequently changed:

The information contained in catalogs, brochures, the web shop, etc. regarding weight, dimensions, color, price, and the like is only binding if expressly referred to in the order confirmation. The images used may differ from the actual product. Only the corresponding item description, which is stated in the order confirmation, is authoritative and binding. TREWA FRANK GmbH assumes no liability for any discrepancies or confusion.

Prices

Our prices are net prices excluding VAT, unless expressly stated otherwise. They do not include packaging or assembly, and are ex-works in Rorschach. Deviating agreements in writing remain unaffected.

The prices listed in the price list are for information purposes only and are non-binding. We reserve the right to change prices at any time without prior notice. In all cases, only the prices and conditions listed in our offers and order confirmations apply.

A small-quantity surcharge may be charged for orders below a certain net goods value. The current amounts are listed in the published price lists and terms and conditions and are subject to change at any time without notice.

Payment Terms

Our invoices are payable net within 30 days of the date of issue.

The following generally applies to existing and known customers with an intact credit rating:

• For custom-made products with an order value of CHF 1,000 or more (value of goods including transport costs and VAT) and for standard products with an order value of CHF 5,000 or more, we require 50% of the order amount as a net payment on account. Receipt of payment triggers the order. The remaining payment (or, for smaller orders, the full payment) is due 10 days after delivery with a 2% discount or 30 days net.

The following generally applies to new customers, catering establishments, and private customers:

• For custom-made orders with an order value of CHF 300 or more (goods value including transport costs and VAT) and for standard products with an order value of CHF 1,000 or more, we require 50% of the order amount as a down payment, strictly net. Receipt of payment triggers the order. The final payment (or, for smaller orders, the full payment) is due 10 days after delivery with a 2% discount, or 30 days net.
• In all cases, the customer can also pay 100% of the order value upon ordering, for which we will grant a 3% discount.
• The final payment (or, for smaller orders, the full payment) can also be made in cash upon delivery, for which we will also grant a 3% discount.
• For larger projects, individual payment terms can be agreed upon in writing.
• By placing an order, the customer agrees that the goods will only be delivered against advance payment if the credit check, which we conduct free of charge, is unsuccessful.
• Payments only discharge the buyer's liability if they are made to a TREWA FRANK GmbH account. The price or the corresponding installments must be paid upon due date. Offsetting any claims by the buyer without a corresponding written agreement is excluded. Any existing, pending notices of defects do not change the buyer's obligation to pay. If the buyer is in default with his payment, TREWA FRANK GmbH may postpone the fulfillment of its own contractual obligations until the outstanding amount is settled.
• The buyer waives the right to refuse payment of the invoice on the grounds that the delivered goods and/or the services provided are defective. Naturally, the buyer is entitled to the statutory warranty claims regardless of this.
• The payment deadlines must also be met if transport, delivery, assembly, or acceptance of the delivery are delayed or made impossible for reasons beyond the supplier's control. Payments must be made even if minor parts are missing but do not prevent the delivery from being used, or if rework proves necessary.
• In the event of late payment, reminder fees of CHF 20 will be charged for the first reminder and CHF 30 for the second reminder. Collection costs will be charged in full.

Packaging

If necessary or appropriate, TREWA FRANK GmbH will create packaging specifically for the product and means of transport and will not take it back. Special packaging upon request or due to special transport conditions will be charged separately. EURO pallets will be exchanged for the customer or, if this is not possible, charged at CHF 20 excl. VAT.

Sample Deliveries

Samples must be explicitly ordered as such, and their delivery must be confirmed accordingly by TREWA FRANK GmbH. Samples are generally made available at TREWA FRANK GmbH's expense for a maximum of 30 days. Returns are at the buyer's expense. If the samples are not returned to TREWA FRANK GmbH after 30 days, they will be invoiced at the normal prices and conditions.​

Delivery Deadlines​

The delivery date will be communicated with our order confirmation. It will be postponed appropriately if obstacles arise that we cannot avert despite exercising due care. Such obstacles include, for example, significant operational disruptions, labor disputes, delayed or faulty deliveries, problems with border clearance, and events of force majeure. Claims for damages resulting from non-compliance with delivery deadlines are excluded.

On-Call Deliveries​

For on-call deliveries, the goods are produced, prepared for shipment, and invoiced at the agreed time. The payment period begins on the invoice date. Storage is at the buyer's risk and is free of charge for a maximum of 10 days. In addition, the buyer will be charged storage costs of 1% of the invoice amount per day.

Inspection and Acceptance of the Delivery​

Complaints regarding obvious transport damage must be made immediately upon receipt of the delivery to the carrier or parcel service and reported to TREWA FRANK GmbH.
Obvious defects (scratches, dents, paint defects, etc.) can no longer be claimed after delivery and a signed delivery note, as the buyer must thoroughly inspect the products upon receipt and sign for their perfect condition.

The delivery must be inspected thoroughly within 7 days, and any non-obvious defects must be reported to us in writing within this period. Failure to do so will result in the delivery being deemed accepted.

Complaints

Hidden defects that cannot be discovered even upon careful inspection of the delivery, or defects that appear later, must be reported in writing immediately, but no later than 7 days after their discovery.

Warranty

All our products are designed for use in restaurants or other high-traffic locations. Unless expressly stated otherwise, we provide a 2-year warranty on all products from the date of delivery.

For purely commercial products, the manufacturer's warranty terms apply.

The warranty does not cover normal wear and tear, such as mechanical abrasion of upholstery fabrics, leather, and varnishes, or the drying out of oiled surfaces.

Normal or minor, technically unavoidable deviations in quality, color, dimensions, weight, finish, or normal warping of wooden parts are not defects and are not covered by the warranty.

Any warranty is excluded if the damage is due to force majeure, improper use, violent acts, or interventions by unauthorized parties. In the event of justified complaints, we will, at our discretion, replace or repair the goods. Further claims for damages are excluded.

Right of Withdrawal and Return Policy

The buyer has the right to cancel an order for standard products within 7 days without giving any reason. This applies regardless of whether the order confirmation from TREWA FRANK GmbH has been received or not. If TREWA FRANK GmbH has not yet undertaken any further cost-effective measures, the cancellation is free of charge for the buyer. Otherwise, the buyer must bear these costs.

The buyer has the right to return a delivery of standard products with a net value of no more than CHF 1,000 within 3 days of receipt without giving any reason. The goods must be returned unused, in perfect condition, and in their original packaging. However, the buyer must pay the freight costs for the outward and return shipment, as well as a handling fee of CHF 50.

In all other cases, the buyer may only withdraw from the contract at his own expense.

Cancellation Policy

For cancellations by the customer after receipt of the order confirmation and after the expiration of the cancellation period, the work performed up to that point and the costs for dismantling the products manufactured up to that point will be invoiced to the customer.

For custom-made products or raw materials purchased specifically for this order, the full costs incurred up to that point or resulting from the cancellation of subcontracted deliveries will be invoiced.

TREWA FRANK GmbH reserves the right to invoice the customer for any lost profits from this order, either partially or in full.

Returns and Returned Goods

Returns without prior agreement will not be accepted. The costs for return shipments are borne by the buyer.

If goods must be returned for reasons beyond TREWA FRANK GmbH's control, an appropriate administrative fee of at least CHF 100, as well as the costs of return shipment, will be invoiced. Returned goods will be credited with a maximum of 50% of the original net value, provided they are still in perfect and resalable condition. Any repair costs will be charged to the buyer.

Dispute Resolution

The parties undertake to cooperate in a solution-oriented manner in resolving disputes of any kind. Agreements reached will be recorded in writing.

Retention of Title

The delivered goods remain the property of TREWA FRANK GmbH until all claims have been paid in full.

TREWA FRANK GmbH has the option of registering the retention of title in the retention of title register at the relevant debt collection office without the buyer's cooperation. With the consent required for the conclusion of the contract, the buyer also gives his consent within the meaning of Art. 4, Paragraph 4 of the Federal Court Ordinance on the Registration of Retention of Title (SR 211.413.1).

The buyer is obligated to treat the purchased item with care and to adequately insure it at his own expense against fire, water, and theft damage to its original value. The processing and handling of the reserved goods by the customer is always carried out for us without any obligation on our part. If combined with other goods, we acquire co-ownership of the new goods in the ratio of the invoice value of the reserved goods to that of the other materials.

The buyer is entitled to resell or process the reserved goods in the ordinary course of business. However, the buyer assigns to us in advance all claims arising from the resale or further use on behalf of a customer against the customer or third parties, in proportion to the reserved goods and the invoice value of the processing and other materials.

Until ownership has been transferred, the goods may not be pledged or given away without the written consent of TREWA FRANK GmbH.

If the buyer fails to meet his payment obligations or there are reasonable doubts about his ability to pay, we are entitled to take possession of the items that are our sole or joint property without legal assistance. In this case, the buyer irrevocably grants us access to and removal of the items. The buyer undertakes to bear the costs of removal. Removal does not constitute an automatic withdrawal from the contract; it does not entitle the customer to claim damages. If we declare withdrawal, we are entitled to sell the items at our discretion.

Severability

Should individual parts of these general terms and conditions or the contract be invalid or void in whole or in part, the contracting parties undertake to replace them with a valid provision that comes as close as possible to the spirit of the invalid provision. The validity of the other provisions shall not be called into question.

Place of Performance and Jurisdiction

For deliveries within Switzerland, Swiss law shall apply exclusively. The place of performance and jurisdiction shall be the registered office of the defendant.

For all deliveries outside Switzerland, the relevant national law shall apply. The place of performance and jurisdiction shall be the registered office of the defendant.

Delivery Conditions

Delivery is generally ex warehouse at TREWA FRANK GmbH in Rorschach. The costs for packaging, transport, unloading, distribution, and assembly are not included in the prices and will be billed separately.

When delivered by TREWA FRANK GmbH employees and vehicles, the goods are usually unpackaged. Without assembly and distribution, delivery is only made curbside, or if access is guaranteed with technical aids (sack trucks or pallet trucks) without obstacles, to the first lockable door at the specified address. The transfer of benefit and risk to the buyer occurs upon depositing the goods at the specified address. It is the buyer's responsibility to ensure that the goods are protected appropriately if necessary.

If TREWA FRANK GmbH delivers the goods with goods distribution and assembly, it is the customer's responsibility to ensure that the goods can be transported to the designated location using two people and standard transport equipment. If there are stairs or landings that prevent ground-level access to the delivery location, a sufficiently powerful and large elevator must be available for transport. It is the customer's responsibility to ensure that access points such as stairs, doors, etc. are sufficiently large and that the paths are freely accessible. If TREWA employees on site determine that access is not unobstructed, they will only deliver the goods to the point where the obstacle is encountered. Since two employees must be deployed for goods distribution and not just one, the surcharge for goods distribution will still be charged.

For deliveries by a third-party freight forwarder, the post office, or a parcel service appointed by TREWA FRANK GmbH, the transfer of benefit and risk to the buyer occurs upon handover to the freight forwarder or parcel service. The goods travel at the buyer's expense and risk. TREWA FRANK GmbH is not liable for losses and damages incurred during transport. At the buyer's express request, TREWA FRANK GmbH will take out transport insurance at the buyer's expense. Further insurance is the responsibility of the buyer.

Acceptance of the goods may not be refused in the event of minor defects. If the customer fails to accept delivery of the goods despite prior notification or a written reminder within a reasonable period of time, TREWA FRANK GmbH may withdraw from the contract and demand compensation.

Access by truck must be guaranteed for delivery. If notified goods cannot be delivered to the destination, the buyer must still make the agreed payment as if the delivery had been made and must also pay for any subsequent delivery in full.

VAT

VAT is not included in our prices unless expressly stated otherwise.