General terms and conditions of sale and delivery
These general terms and conditions of sale and delivery apply to goods supplied and services provided by AVANTYARD LTD. in Switzerland. The purchaser’s general terms and conditions do not apply, even if the purchaser refers to them.
Any amendments or additions to these general terms and conditions of sale and delivery must be made in writing. AVANTYARD LTD. takes orders subject to confirmation. The contract with the purchaser is only concluded upon receipt of a written order confirmation from FreezyBoy.
Scope of goods and services
The full scope of the goods and services is described in detail in the order confirmation. The model may change between the conclusion of the contract and the delivery of the item.
Advertising brochures and catalogues
Any information provided in brochures and catalogues is not binding. Information supplied in technical documents is only binding if expressly guaranteed to be accurate.
The prices given in the written order confirmation are fixed prices, with shipping paid to the dealer’s address. The purchaser is responsible for organising the delivery of appliances to different floors and flats.
Shipping and packaging
Standardised containers and pallets must be exchanged or returned (with shipping paid) following receipt of the goods. Otherwise, their value will be charged to the purchaser. Non-standardised packaging for custom items may not be returned and will be charged to the customer at cost price.
Packaging materials may be returned upon delivery, as long as they are clean and are separated by material type.
Delivery dates are given for information only. The delivery date will be postponed in the event of any impediments that cannot be avoided despite due care. Failure to comply with delivery dates and deadlines does not entitle the purchaser to claim damages.
Terms of payment
Invoices from AVANTYARD LTD. must be paid within 30 days of the invoice date.
Any purchaser failing to comply with these terms of payment must pay interest on arrears from the invoice due date, with no notice being due.
All tools and equipment remain the property of AVANTYARD LTD., even if the costs thereof are borne by the purchaser. Minor alterations may be made to the quantity delivered (i.e. supplying more or less than required), unless explicitly agreed otherwise.
If AVANTYARD LTD. is to supply an item based on a drawing, model or pattern provided by the purchaser, the purchaser must guarantee that no third-party property rights are infringed and take full responsibility for any damages incurred by AVANTYARD LTD. as a result of the infringement of third-party rights.
Any agreements made verbally or by telephone or telegraph must be confirmed in writing to be valid.
Retention of title
AVANTYARD LTD. retains ownership of the goods it delivers (particularly consignment goods) until they have been paid for in full. The purchaser authorises AVANTYARD LTD. to record ownership of the goods in the official register and carry out all the formalities in this regard.
Transfer of benefit and risk
All benefits and risks will pass to the purchaser upon delivery from the FreezyBoy warehouse.
Returns are only accepted by prior agreement. Should the purchaser return the goods, AVANTYTARD LTD. reserves the right to deduct at least 10% of the value of the goods depending on their condition.
Items purchased more than one year ago may only be returned if they are unused. FreezyBoy will determine the amount to be credited. Shipping costs for returned goods will be borne by the purchaser.
Inspection and acceptance
The purchaser must inspect the goods supplied and services provided by AVANTYARD LTD. within 5 working days and must notify AVANTYARD LTD. immediately in writing if any defects are found. Should the purchaser fail to do this, the goods and services will be deemed to have been accepted, unless there are any latent defects.
The warranty period is 24 months. It begins when the appliance is installed at the end user’s premises, but no more than one year after delivery of the appliance.
Provided that the appliance is inspected in a timely manner and AVANTYARD LTD. is notified immediately of any defects, AVANTYARD LTD. is required to correct any defects within a reasonable period of time, but nothing more. The purchaser may not demand cancellation of sale or a price reduction, and must waive their right to any further claims for damages.
Replaced or repaired parts are covered by a new warranty period, which runs for 12 months following replacement of the part or completion of the repair.
If the appliance to be repaired is in a location that is not accessible to the service team, the warranty will only apply to the extent that any additional travel costs (e.g. transport by mountain railway or helicopter) will be invoiced separately.
FreezyBoy’s warranty and liability do not extend to damage not resulting from material or design faults, such as damage resulting from natural wear and tear (on parts subject to wear), improper installation, poor maintenance, failure to comply with the user manual or operating instructions, work performed by unauthorised service providers, use of spare parts other than parts supplied by FreezyBoy, force majeure, or any other causes beyond AVANTYARD LTD.’s control.
Product Safety Act and traceability
If, within the service life of the goods supplied, an actual or potential danger to personal safety or a health risk arises due to a product defect, the purchaser is required to cooperate effectively with AVANTYARD LTD. with a view to eliminating said defect. Under the applicable Product Safety Act (PrSG), purchasers are, in particular, required to ensure that the goods supplied are fully traceable. FreezyBoy is entitled to take appropriate measures to review the purchaser’s compliance with this requirement, subject to written notification.
Exclusion of further liability
The purchaser’s rights with respect to defects in the goods supplied are limited to those defined in Article 13.
The purchaser may not make any further claims. In particular, this provision extends to any claims for damages, price reduction or cancellation of the contract that are not expressly mentioned here. The purchaser has no claim to compensation for damages not directly caused by the delivered item itself, such lost production, lost orders, lost profit, or any other direct or indirect damages. The above is without prejudice to the mandatory provisions of the Swiss Product Liability Act.
AVANTYARD LTD. has exclusive rights to all trademarks, logos, photos and texts connected to FreezyBoy appearing in brochures, flyers, exhibition materials, promotional materials, POS materials or other similar documents.
Such materials are supplied on the condition that the dealer acknowledges these rights.
Amendments to these general terms and conditions of sale and delivery
AVANTYARD LTD. reserves the right to amend these general terms and conditions of sale and delivery at any time.
Place of jurisdiction and applicable law
The contractual relationship is governed by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and its amendments.
The place of jurisdiction for both parties is Lucerne. AVANTYARD LTD. may also bring the purchaser before the courts competent for the purchaser’s head office/place of residence. For consumer contracts, the mandatory statutory places of jurisdiction continue to apply.