1. General Provisions
These General Terms and Conditions of Sale form an integral part of our quotations and order confirmations, as well as of the contracts concluded with us. Our deliveries and sales are governed exclusively by the following terms and conditions of sale, delivery and payment. Any purchasing terms and conditions that deviate from these shall only apply if they have been expressly confirmed in writing by Embru. Please check that we are in full agreement on all points to prevent any misunderstandings. Unless you inform us otherwise within 3 days, we shall regard our terms and conditions as accepted and binding. The customer waives the right to incorporate their own general terms and conditions into the contract.
2. Drawings/Models/Intellectual Property
Sketches, illustrations, models, samples, drawings and printed materials produced by us and supplied to the customer remain our property and are protected by copyright. These are entrusted to the client personally and must not, without our written consent, be made available to third parties or copied. They must be returned at our request. Any breach of this provision shall give rise to liability for damages.
3. Acceptance of Orders
We will confirm acceptance of the order in writing. Please check the order confirmation carefully. If anything is unclear, please contact us within 3 working days. After this period, we will commence production of the order and no further changes to the order will be possible.
4. Prices
All prices quoted in our quotations and price lists are subject to change. Our prices are quoted in Swiss francs. Any installation costs that may arise are not included. Unless otherwise agreed, deliveries with a net order value of CHF 1,800 or more are made carriage paid to the domestic address, not unloaded. Otherwise, a contribution towards transport and packaging costs will be charged.
5. Variations to the goods to be supplied
We reserve the right to make changes to the design and/or specification that are necessary to bring the product into line with the state of the art and which do not impair either the functionality or the value of the goods to be supplied. Embru also reserves the right to make standard or minor deviations in quality, colour, dimensions and weight that are technically unavoidable, within the limits of what is reasonable for the customer.
For wood shades, the stain colours from our in-house collection or colour samples shall be decisive. We reserve the right to minor colour deviations resulting from variations in the colour and structure of the woods, veneers and laminates. Variations in colour shades, particularly in the case of repeat orders, do not constitute grounds for a complaint, unless compliance with specific colour shades has been expressly agreed.
6. Payment
Unless otherwise agreed in writing, our invoices are payable net 30 days from the invoice date. In the event of late payment, standard interest on arrears and charges will be applied. Unauthorised deductions will be charged retrospectively.
7. Retention of title
We reserve title to the goods delivered by us until they have been paid for in full. They must not be sold or pledged, nor may the client otherwise dispose of them. We reserve the right to register this retention of title in the relevant register.
8. Title and Risk
These pass to the customer upon dispatch of the goods. In the case of carriage paid deliveries, the transfer of benefit and risk takes place upon delivery of the goods to the customer. In the case of credit notes for returned goods that have already been invoiced, postage costs will not be credited unless the error lies with Embru. Consignments with any transport damage must be accepted subject to reservation and reported to the relevant transport company within the statutory time limit for the purposes of drawing up a report.
9. Delivery times
The agreed delivery times are ex works, calculated from the date the order is received. We shall endeavour to fulfil every order within the specified delivery time; however, we accept no liability for any delays that may nevertheless occur or for their consequences. All cases of force majeure and circumstances beyond our control release us from all delivery obligations and exclude any liability on our part.
10. Complaints
Complaints regarding the weight, quantity or quality of the goods must be made in writing within 8 days of the consignment’s arrival in order to be considered. Goods that are demonstrably unusable due to manufacturing defects will, upon their return, be replaced or repaired free of charge at our discretion. We accept no further liability for direct or indirect damage.
11. Warranty
Unless otherwise agreed, we guarantee that the goods supplied will function faultlessly for a period of 24 months from the date of delivery and undertake to repair or replace, at our discretion, any parts which are demonstrably unusable or defective as a result of poor materials, faulty design or defective manufacture, are unusable or defective, to repair or replace them promptly and at our discretion. Excluded from the guarantee are damages resulting from improper use, negligent or wilful damage, and acts of violence. Consequential damage is also excluded. If we repair a defective item for which we have provided a guarantee, the guarantee period does not start afresh.
12. Obligation to accept delivery
Products that have already been delivered may only be returned on the basis of a written agreement between Embru and the purchaser, whereby Embru is under no obligation whatsoever to accept a return. Only brand-new products in undamaged original packaging may be exchanged. Bespoke items and special colours produced at the buyer’s specific request shall under no circumstances be taken back or exchanged. Any transport costs will be charged separately.
13. Data Protection
The customer is hereby informed that we store and process the personal data obtained in the course of the business relationship in accordance with the provisions of the Data Protection Act. Further information on our data protection policy can be found at www.embru.ch
14. Validity
These General Terms and Conditions of Sale are binding in all cases. Any terms and conditions of the purchaser to the contrary shall only be valid insofar as they have been expressly confirmed by us in writing.
15. Jurisdiction and Place of Performance
The place of performance for deliveries and payments is 8630 Rüti, ZH.
Place of jurisdiction and applicable law:
The courts at the registered office of Embru-Werke AG, 8630 Rüti ZH, shall have jurisdiction to settle any disputes. Swiss law shall apply.
Rüti ZH, January 2023
