General Terms and Conditions

AIA Arico Invest AG
Neumüli 1
6017 Ruswil (LU)
Schweiz

General Terms and Conditions

§ 1 General – Scope

1. Services, deliveries, and offers are made exclusively based on these terms and conditions. Opposing or differing terms from you will not be recognized unless expressly agreed upon in writing.

2. We collect and process personal data only within the framework of contract fulfillment and in compliance with relevant data protection regulations.

3. Should any provision of these terms and conditions be wholly or partially invalid or become invalid, the validity of the remaining provisions shall not be affected.

§ 2 Offer – Contract Conclusion – Offer Documents

1. Conditions for delivery and performance are valid for two weeks from the date of our non-binding offer. A contract is not concluded by accepting the offer we have sent or handed over. Instead, you must submit a binding order or binding request based on the non-binding price offer provided. The contract is concluded, at our discretion, either by issuing an order confirmation or by directly confirming it on the order form/offer or by delivering the goods to you.

2. The conclusion of the contract is subject to proper and timely self-supply by our supplier. This only applies if the non-delivery is not attributable to us, particularly in cases of a congruent coverage transaction with our supplier. You will be informed immediately about the unavailability of the service.

3. We retain ownership and copyright rights to images, drawings, calculations, and other documents. Documents labeled as “confidential” may only be shared with third parties with our express written consent.

4. The agreed quality of the goods is defined solely by our technical product description and/or the manufacturer's description, provided both are explicitly designated as such. Public statements, promotions, or advertisements by manufacturers or suppliers do not constitute contractual specifications of the goods.

5. We do not provide guarantees for our deliveries and services unless explicitly agreed upon contractually. Manufacturer guarantees remain unaffected, but they do not extend our obligations beyond the statutory warranty within the framework of the contract or these terms and conditions.

§ 3 Invoice Dispatch

1. Invoices are sent exclusively in writing or electronically. No special form of consent is required for electronic invoice transmission.

2. Employees of AIA Arico Invest AG are not authorized to collect payments. Payments can only be made with debt-discharging effect to the Aargauische Kantonalbank, BIC/SWIFT: KBAGCH22, IBAN: CH20 0076 1648 7329 9200 1.

3. If you agree to electronic invoice dispatch, we are entitled to send invoices to you electronically. In this case, you must provide us with a valid email address for the purpose of electronic invoice delivery. You are responsible for ensuring the technical requirements to retrieve the invoice as agreed. Automated electronic responses (e.g., out-of-office notices) do not prevent effective delivery.

4. Any changes to the designated email address for electronic invoice dispatch must be communicated to us without delay. In the event of a negligent failure or incorrect notification regarding changes to the email address for electronic invoices, you are liable for any damages resulting from address verification efforts.

5. The electronic invoice is considered delivered upon receipt of the email containing the invoice.

6. You may revoke your consent to electronic invoice dispatch at any time in writing or in text form.

§ 4 Prices

1. We reserve the right to adjust prices if, after the conclusion of the contract with an agreed delivery period of more than four months, there are increases or decreases in costs. If wages or material costs change before delivery, we are entitled (upon request and with proof) to adjust the price accordingly. You are only entitled to withdraw from the contract if a price increase significantly exceeds the rise in the general cost of living between the time of ordering and delivery, and if the increase exceeds more than 5% of the payment amount.

2. Upon your request, we will insure the products to be delivered against transport risks. You will bear any associated costs in this case.

§ 5 Payment Terms

1. Unless expressly agreed otherwise, the invoice amount is due for payment without deductions within 7 days of receipt of the invoice, provided that no different payment period is specified in the invoice.

2. After the payment period expires, you will be in default without the need for a separate reminder.

3. In the event of default on multiple obligations, all outstanding claims become due immediately.

4. You are only entitled to rights of offset if your counterclaims are legally established, undisputed, acknowledged by us, or based on undisputed defects on our part. Furthermore, you may only exercise a right of retention to the extent that your counterclaim arises from the same contractual relationship.

§ 6 Factoring

1. We are entitled to assign claims arising from our business relationship, in whole or in part.

2. Payments can only be made with debt-discharging effect to the factor to whom we have assigned our claims. If an assignment has been made, this will be expressly indicated in the invoice.

§ 7 Retention of Title and Right of Withdrawal

1. We retain ownership of the goods until full payment of the purchase price ("retention goods"). You are required to handle the goods with care during the retention period. If maintenance and inspection work is required, you must carry it out at your own expense. In particular, you are obliged to adequately insure the retention goods against fire, water, and theft damage at their new value.

2. Until full payment is made, you are prohibited from pledging or transferring ownership of the retention goods as security.

3. Resale is only permitted to resellers in the ordinary course of business and only on the condition that the reseller receives payment from their customer or agrees on a retention of title clause with the third party, stating that ownership transfers to the customer only upon full payment.

4. If you resell the retention goods, you hereby assign to us all claims in the amount of our final invoice amount, including VAT, which you acquire from the resale against your customers or third parties, regardless of whether the goods were sold without or after processing.

5. If the retention goods are sold together with other items without a separate price being agreed upon for the retention goods, you assign to us the portion of the total price claim that corresponds to the amount invoiced by us, including VAT.

6. Any processing or transformation of the goods by you is carried out on our behalf. If the goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. The same applies to the item created through processing as for the goods delivered under retention of title.

7. If the goods are inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing occurs in such a way that your item is regarded as the main item, it is agreed that you transfer proportionate co-ownership to us. You hold the sole or co-ownership created in this way in safekeeping for us.