General Conditions of Sale

(valied from 1st january 2002)

1. Tenders and Prices
1.1.	Tenders of the HUCO AG are conditional and subject to prior sale, provided the duration of their validity is not expressly stated
1.2.	The prices listed are non-binding price recommendations in CHF and are expressed exclusive (or inclusive, as appropriate) of VAT and the early recycling fee (ERF). In principle, prices for fluorescent light fittings for T-lamps include inductive ballasts and glow starters. The prices for fittings for other kinds of discharge lamp include the chokes and ignitors (if necessar) but exclude capacitors and lamps, similarly the prices for incandescent light fittings do not include incandescent lamps. Also in the prices for Halogen low voltage light fittings, the lamps are not included.
1.3.	The HUCO AG reserves the rights of ownership and copyright in all drawings, sketches, circuit diagrams and estimates of costs. These documents are entrusted personally to the recipient and may neither be made accessible to third parties nor copied without the written permission of the HUCO AG. They shall be returned to us on request.
1.4.	Lighting calculations that are drawn up at the request of the customer will be charged in full if an order is not placed.
1.5.	No amendment to or modifications of these Conditions of Sales will be binding unless in writing and signed by the company.

2. Shipment
2.1.	The HUCO AG shall determine the manner of shipment. The company is entitled to dispatch the goods in partial consignment.
2.2.	The packaging and postage costs will be charged for orders under a net value of CHF 1’000.—.
2.3.	Dispatch by road: consignments sent by road are delivered carriage paid to the customer’s residence or carriage paid to the site of installation if at the discretion of the HUCO AG the goods can be dispatched in a collective consignment. On the other hand, the costs of road transport will be charged to the customer if the goods ordered have to be delivered individually and separately. Consignments are unloaded at ground level or on a ramp. The recipient provides at his own cost the personnel required for unloading.
2.4.	For any other manner of shipment the effective costs of transport will be charged in full (courier, mail, air freight).
2.5.	Lighting columns and metal sections are dispatched carriage unpaid.
2.6.	In the case of delivery the signature of an employee of the recipient is deemed to be confirmation that the consignment is complete and free of visible damage.
2.7.	The goods travel at the risk of the recipient.

3. Packing
3.1.	Non-returnable cartons will be charged.
3.2.	Crates and pallets will be invoiced in full if not returned within one month.
3.3.	The customer disposes off the packing material at his own cost.

4. Orders
4.1.	By placing an order the purchaser acknowledges these Conditions of Sale.
4.2.	Once an order has been placed by the purchaser and confirmed by the HUCO AG it may be altered or cancelled only by mutual consent. Alterations or cancellation are not permitted in the case of goods built to special order.
4.3.	Goods ordered on call must be accepted within the specified call period. If this period is exceeded by three months, the supplier reserves the right to invoice the goods and to charge for warehousing and interest on capital.

5. Delivery dates
Delivery dates will be met as far as possible. Claims for damages due to delayed delivery cannot be recognised.

6. Provision of samples
6.1.	In exceptional cases, standard samples or lanterns for illumination trials will be made available for a maximum of 30 days; material not returned within this time will be charged. In all cases lanterns which have been modified or damaged by the recipient (e.g. removal or alteration of knock-out penetrations entries, and the like) will be charged.
6.2.	Samples which have to be made to special order will be charged if no commitment to purchase is otherwise undertaken.
6.3.	Samples of light sources will be charged in any case.

7. Dimensions and design modifications
Diagrams, weights, dimensions and other information of similar nature are subject to modification if this is deemed expedient.

8. Returned goods
Returned goods will be accepted only subject to prior agreement. The goods are in any case to be returned carriage paid to the registered office of the supplier. Returned goods in good condition will be refunded to a maximum of 80% of their net value. There will be a minimum charge of CHF 30.—for returned goods of a net value of CHF 100.— Credit notes will not be issued for damaged goods. Any refurbishing will be invoiced at cost price. Missing pieces like fluorescent lamps and fastening material, original packing will be invoiced. Goods made to special order, altered standard material (colour and execution as well as lamps) may not be returned, nor their cost refunded.

9. Complaints
Complaints regarding incomplete or incorrect deliveries or other deficiencies must be registered in writing to the HUCO AG not later than eight days after receipt of the shipment by the purchaser.

10. Guarantee
10.1.	Lanterns and equipment excluding lamps and starters are guaranteed for two years following delivery, the guarantee being limited during this period to deficiencies which can be shown to have arisen from material defects, poor workmanship or errors of design on the part of the HUCO AG.
10.2.	Batteries are guaranteed for one year following delivery, the guarantee being limited during this period to deficiencies which can be shown to have arisen from material defects, poor workmanship or errors of design on the part of the HUCO AG.
10.3.	All other guarantees or forms of compensation are excluded. In particular, no costs shall be borne for the dismantling and reassembly of lanterns and equipment or of their component parts, or for any consequent damage.
10.4.	No guarantee is given for materials which have been modified or repaired by the purchaser of third parties, or if the instructions for installation or use provided by the HUCO AG have not been observed.
10.5.	Also excluded from the guarantee are lanterns and equipment made to designs or models of the purchaser wherever defects are ascribable to errors of design. Furthermore if the testing or modification of such material is required by the electricity supply authority, all costs arising in this respect shall be to the charge of the purchaser.
10.6.	Under the terms of guarantee, defect goods should be returned to HUCO AG carriage paid
10.7.	The lighting systems must be serviced regularly (maintenance plan) in order to be entitled to warranty service. The specific maintenance requirements change according to the lighting systems, the luminaire, the light source and the operating devices used.
10.8	The guarantee only covers product failures, in which the failure rates exceed the nominal failure rates. For electronic control gear or components such as LED’s, the nominal failure rate is 0.2% per 1000 hours of operation, unless specifically marked. Electrical and thermal limits according to the data sheet must not be exceeded. A drop in luminous flux of LED modules up to 0,6% per 1000 hours of operation is normal and therefore not covered by the guarantee. The change of the luminous flux due to technical progress and the use of the product, variations in the characteristic of the light may occur compared to the original products.
10.9	The statutory warranty is entirely excluded.

11. Conditions of payment
11.1.	Invoices are payable without deduction within 30 days.
11.2	Any other conditions of payment are to be agreed in writing.

12. Early Recycling Fee (ERF)
In order to comply with the Ordinance on the Recovery, Return and Disposal of Electrical and Electronic Equipment (VREG in German), HUCO AG voluntarily participates in the optional system of the Swiss Lighting Recycling Foundation (SLRS). So as to finance the recovery and disposal of illuminants and luminous sources, the supplier charges an early disposal contribution (EDC), hereafter referred to as an early recycling fee (ERF). The ERF is explicitly mentioned in offers and invoices and is subject to value added tax. HUCO AG applies the official lists of equipment and rates of the SLRS (www.slrs.ch).

13. Subsidiary agreements
Terms other than these Conditions of Sale, and also subsidiary agreements are valid only if agreed in writing.

14. Law of obligation
The provisions of Swiss Law of Obligations shall apply provided no special stipulations are contained in these conditions of sale. Should any one of the General Conditions of Sale become ineffective, the remaining conditions will still be valid.

15. Invitations to tender
These Conditions of Sale take precedence over terms of tender which do not conform to these conditions.

16. Place of jurisdiction
Place of contract and place of jurisdiction are the court whose jurisdiction covers the company headquarters of the HUCO AG Lighting Factory.

Telephone	044 747 82 20
Fax	044 747 82 29
E-Mail	info@durlum.ch
Internet	www.durlum.ch

Telephone	071 969 35 35
Fax	071 966 30 27
E-Mail	info@hucoag.ch
Internet	www.hucoag.ch

General Conditions of Sale

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