General Terms and Conditions of Jansen AG

GENERAL TERMS AND CONDITIONS OF JANSEN AG (Version 10/2026)

 

1. Definitions

For the purposes of these General Terms and Conditions (“GTC”), the following terms shall have the meanings set out below:

«JANSEN AG» means JANSEN AG, with its registered office in Oberriet SG, Switzerland.

«Affiliated Companies» means all companies controlled by JANSEN AG, controlling JANSEN AG or under common control with JANSEN AG. Control means the direct or indirect ownership of a majority of the voting rights or share capital or the power to exercise a controlling influence over management.

«Representative Office» means a branch or representative office of JANSEN AG abroad without separate legal personality, which may not enter into contracts in its own name and acts exclusively in the name and on behalf of JANSEN AG.

«Contractually Engaged Third Parties» means suppliers, subcontractors, upstream suppliers and other third parties contractually engaged by JANSEN AG for the purpose of performing its contractual obligations towards the Customer. JANSEN AG may engage such third parties in the performance of its contractual obligations and disclose to them the documents and information required for the performance of the services.

«Customer» means any natural person or legal entity entering into a contract with JANSEN AG concerning Goods, Processing Services, Services or Rental Items.

«Contract» means any contractual agreement of any kind entered into between JANSEN AG and the Customer.

«Goods» means all products and materials sold or supplied by JANSEN AG, including standard products, custom-made products and Schüco products.

«Processing Services» means the mechanical processing of materials (Mechanical Processing) and powder coating carried out by JANSEN AG in accordance with the Customer’s specifications.

«Services» means all services provided by JANSEN AG without the supply of Goods, in particular assembly instructions, assembly and installation services, tests, calculations and advisory services.

«Rental Items» means goods temporarily used by the Customer from JANSEN AG against payment without the Customer acquiring ownership thereof.

«In Writing» means communication by letter, fax or e-mail. An e-mail is sufficient for legally relevant declarations unless expressly agreed otherwise. Written declarations by the Customer shall be deemed received as soon as they actually reach JANSEN AG. Declarations received outside Working Days or during company holidays or bridge days of JANSEN AG shall be deemed received on the first Working Day following such interruption.

«Working Days» means Monday to Friday, excluding statutory public holidays at the registered office of JANSEN AG in Oberriet SG.

«Delivery» means making Goods or the result of Processing Services available for collection or dispatch to the Customer.

«Authorised Professional» means a person with proven professional qualifications and the necessary knowledge and experience in the application of JANSEN AG system solutions who is familiar with and complies with the relevant requirements of JANSEN AG’s system documentation.

2. Scope of Application and Conclusion of the Contract

These GTC apply exclusively to contracts entered into by JANSEN AG. Contracts of Affiliated Companies are subject to their respective terms and conditions. Representative Offices act exclusively as intermediaries in the name of JANSEN AG. Deviating terms may apply to individual markets and Representative Offices if stated in the quotation or order confirmation; Section 30 shall otherwise apply.

JANSEN AG shall only be contractually bound upon written confirmation of the order. Any deviating agreements require the written consent of JANSEN AG. These GTC shall also apply to all future business relationships with the Customer without requiring any further express reference.

These GTC apply to all deliveries of Goods, Processing Services, Services and Rental Items. Conflicting terms and conditions of the Customer shall apply only with the express written consent of JANSEN AG, even if JANSEN AG performs the Delivery with knowledge of such terms and conditions. SIA standards shall apply only if agreed In Writing.

The Customer shall provide JANSEN AG with a valid e-mail address and ensure that it remains accessible. Any changes must be notified without delay. Communications sent to the last known address shall be deemed duly made.

Mandatory statutory provisions remain reserved and shall prevail over conflicting provisions of these GTC. In contracts with consumers, this applies in particular to mandatory consumer protection provisions.

3. Pricing

Prices are stated in CHF, excluding VAT, the performance-related heavy vehicle charge (HGVC) and the transport cost surcharge.

JANSEN AG may subsequently adjust prices if cost components beyond its control increase, in particular customs duties, raw material, energy or transport costs or exchange rates. Any adjustment shall be limited to the additional costs actually incurred and shall be made in good faith.

Price changes, rounding differences and over- or under-deliveries of up to 10% remain reserved. Additional costs resulting from incorrect order information shall be borne by the Customer. Subsequent changes shall be invoiced separately.

In the event of an obvious pricing error, JANSEN AG may demand the correct price or withdraw from the Contract.

Technical changes to products or specifications remain reserved, provided that the agreed function is not materially impaired.

4. Payment Terms

Invoices are payable net without deduction. Upon expiry of the payment period, the Customer shall be in default without further notice; all claims shall become immediately due and payable and default interest shall accrue. Only payments made directly to JANSEN AG shall have discharging effect.

JANSEN AG may make the conclusion of the Contract subject to a creditworthiness check and may reject an order without stating reasons. In the event of insolvency, over-indebtedness or bankruptcy, all claims shall become immediately due and payable.

Payment shall generally be made in advance. A payment period of 30 days or any other payment period requires the written consent of JANSEN AG and may at any time be replaced by advance payment. In the event of non-payment, JANSEN AG may suspend Deliveries or withdraw from the Contract.

Set-off against disputed counterclaims is prohibited. Contributions towards tooling costs shall become due upon placement of the order.

5. Retention of Title and Information Obligations

The Goods shall remain the property of JANSEN AG until payment has been made in full. Pledging or transfer by way of security is prohibited. JANSEN AG is entitled to have the retention of title entered in the competent register.

The Customer shall notify JANSEN AG without delay of any interference by third parties, damage to or destruction of the Goods. Any change in possession or registered office shall be notified. In the event of seizure, JANSEN AG shall be informed immediately.

The Customer may resell Goods subject to retention of title in the ordinary course of business. The Customer hereby assigns in advance to JANSEN AG the claims arising from such resale. In the event of default, JANSEN AG may disclose the assignment and collect the claim itself. In the event of default, over-indebtedness or bankruptcy, JANSEN AG may, to the extent permitted by law, repossess the Goods subject to retention of title.

6. Returns and Credits

Returns are permitted only with prior written approval, provided that the Goods are as new, in their original packaging and in manufacturing lengths. Non-stock items, custom-made products and items procured specifically for the Customer are excluded.

Returns must be notified within 30 calendar days of the Delivery date. Sections 31 and 32 apply to processed Goods.

Credits shall be issued on the basis of the invoiced price less a 20% handling charge (minimum CHF 50.–). Transport costs shall not be refunded.

7. Liability

JANSEN AG shall be liable within the scope of the mandatory provisions of product liability law. All other cases of breach of Contract, their legal consequences and all claims of the Customer are conclusively governed by these GTC. Unless otherwise provided, any further liability is excluded, except in cases of unlawful intent or gross negligence.

Subject to unlawful intent or gross negligence, JANSEN AG’s contractual and non-contractual liability for direct and indirect damage (including consequential damage resulting from defects, other consequential damage, loss of profit and loss of data) resulting from acts or omissions of its legal representatives, employees and auxiliary persons, as well as the personal liability of such persons, is excluded to the extent permitted by law. Any liability of JANSEN AG for damages shall, to the extent permitted by law and irrespective of the legal basis, be limited to the price paid or payable by the Customer for the Delivery or service giving rise to the damage.

Any liability of JANSEN AG is excluded where the defect in the Goods and/or the damage is attributable to:

• manufacturing or material defects in Goods sourced from third-party manufacturers; or
• transport of the Goods by the Customer or third parties acting on its behalf; or
• improper use, handling, modification, processing, storage, maintenance or installation by the Customer or third parties, chemical or electrolytic influences or the use of unsuitable operating materials; or
• failure to comply with regulations or operating instructions, defective construction work, unsuitable ground conditions, natural wear and tear or excessive use.

If acts or omissions of the Customer or its auxiliary persons cause personal injury or damage to the property of third parties and JANSEN AG is held liable in this respect, the Customer shall fully indemnify and hold JANSEN AG harmless against all resulting claims.

8. Force Majeure and Disruption of Performance

The Delivery period shall commence on the date of the final and complete order confirmation. If JANSEN AG accepts subsequent changes, the Delivery period shall recommence. JANSEN AG shall not be liable for fortuitous events. Unless expressly agreed In Writing as binding, Delivery dates or periods are for information purposes only and are non-binding.

For the purposes of these GTC, force majeure means all unforeseeable events that disrupt the performance of JANSEN AG or its Contractually Engaged Third Parties (delay, impossibility, increased difficulty, etc.), including acts of public authorities such as import and export bans, increases in customs duties or changes in licensing practices. Such events include in particular natural disasters, wars, acts of terrorism, breaches of neutrality, boycotts, lockouts, strikes, shortages of raw materials, epidemics, pandemics and disruptions to energy and raw material supplies and their consequences in the regions where the establishments of JANSEN AG, its Affiliated Companies and its Contractually Engaged Third Parties are located.

In the event of such disruption, JANSEN AG shall be released from its obligation to perform without compensation where performance is impossible and, in the event of delay or disproportionate difficulty, may propose a new Delivery period or a new quotation to the Customer and, if rejected, withdraw from the Contract. JANSEN AG shall not be liable for damages, in particular consequential damages, in any such case.

If similar events result in changes to the Customer’s needs or interests, the Customer shall remain obliged to make payment in full. Any agreement to the contrary in an individual case remains reserved.

JANSEN AG shall be liable for Delivery delays only to the extent that they are attributable to JANSEN AG. Delays of less than forty-five (45) calendar days shall not entitle the Customer to withdraw from the Contract or to claim damages. In the event of a delay of forty-five (45) calendar days or more, JANSEN AG may propose a new Delivery date or an alternative performance; if rejected, JANSEN AG may withdraw from the Contract. Damages shall be limited to the value of the Goods or services delivered late.

A delay shall in particular not be attributable to JANSEN AG if the Customer has failed to perform, has failed to perform in due time or has improperly performed its preliminary obligations or duties to cooperate.

9. Customer’s Information and Cooperation Obligations

The Customer shall inform JANSEN AG of all official regulations and legal standards known to it concerning the intended use or installation location of the products. JANSEN AG shall not be liable for damage resulting from a breach of this obligation by the Customer.

The Customer shall provide all necessary cooperation, materials and information in due time and free of charge. Additional costs resulting from late or incorrect information shall be borne by the Customer, including where fixed or maximum prices have been agreed.

If the Customer provides material for processing, it shall notify JANSEN AG In Writing in advance of any special characteristics or defects. Failing such notification, JANSEN AG shall not be liable for damage to the Customer’s material.

JANSEN AG product markings and safety instructions may not be removed or altered.

10. Customer Specifications and Indemnification

Where JANSEN AG manufactures or supplies products, components or services in accordance with drawings, images, specifications or other instructions provided by the Customer, JANSEN AG’s responsibility shall be limited exclusively to conformity of performance with such specifications. The accuracy, technical suitability and legality of the specifications shall be the sole responsibility of the Customer, irrespective of whether JANSEN AG could have pointed out their unsuitability.

The Customer warrants that it has all rights necessary for the use, disclosure and processing of the specifications provided and that their implementation does not infringe any third-party rights. If claims are brought against JANSEN AG by third parties as a result of performance in accordance with the Customer’s specifications, the Customer shall fully indemnify and hold JANSEN AG harmless against all resulting claims and disadvantages.

11. Approval of Drawings

By approving a drawing prepared by JANSEN AG, the Customer confirms that it meets its requirements and the local conditions. JANSEN AG does not verify whether technical parameters specified by the Customer – in particular material and wall thicknesses, permissible loads or other design values – are suitable for the intended use, nor whether they comply with standards or official regulations applicable at the intended place of use or installation. Section 10 shall otherwise apply.

12. Delivery and Transfer of Risk

Delivery shall be FCA Oberriet SG (Incoterms® 2020), unless otherwise agreed. Incoterms® 2020 shall conclusively govern the transfer of risk and allocation of costs.

From the time the risk passes, transport shall be at the Customer’s risk, even if JANSEN AG carries out, arranges or commissions the transport. Freight and transport costs shall be borne in full by the Customer.

To the extent permitted by law, JANSEN AG excludes liability for accidents occurring during loading or unloading or in connection with auxiliary equipment such as straps or ropes.

JANSEN AG reserves the right at any time to make technical changes to products, materials or specifications, provided that the agreed function is not materially impaired.

13. Duty to Inspect and Notify Defects

The Customer shall immediately accept Goods made available for collection. If the Customer is in default of acceptance, Delivery shall be deemed to have taken place on the date on which acceptance should have occurred. Benefits and risks shall pass to the Customer no later than at that time. JANSEN AG may charge reasonable storage costs. These provisions shall apply mutatis mutandis to dispatched Goods.

The Goods shall be inspected immediately as to quantity and quality. Defects identifiable upon proper inspection must be notified to JANSEN AG In Writing within seven (7) calendar days of receipt. Defects not identifiable upon proper inspection must be notified In Writing within seven (7) calendar days of discovery. In the event of late notification, the corresponding warranty rights shall lapse. All warranty rights shall expire no later than one (1) year after Delivery, irrespective of the date of discovery.

Where JANSEN AG products are incorporated into an immovable work in accordance with their intended purpose, mandatory statutory provisions concerning notification periods and limitation periods shall take precedence.

Goods in respect of which a complaint has been made may only be installed and/or further processed after consultation with JANSEN AG. Otherwise, the Customer shall bear all resulting costs, including consequential damage. Complaints shall not release the Customer from timely payment in accordance with Section 4.

14. Warranty

JANSEN AG shall fulfil its warranty obligations at its own discretion and shall limit them to the free replacement or free repair of components recognised as defective and to the return and cancellation of the Goods concerned. Any further claims by the Customer, in particular claims for consequential damage resulting from defects, financial loss and damages, are excluded.

Where JANSEN AG products are incorporated into an immovable work in accordance with their intended purpose or the services provided relate to an immovable work, mandatory statutory provisions shall take precedence.

For replacement or repair, the Customer shall grant JANSEN AG the necessary time and opportunity. If the Customer refuses to cooperate or sets an unreasonably short deadline, JANSEN AG may suspend the warranty until proper cooperation is provided. If cooperation is not provided within a reasonable period, the warranty claim shall lapse to the extent permitted by law.

Additional costs for repair work outside normal working hours, emergency call-outs and express or courier shipments shall be borne by the Customer.

15. Warranty Exclusions

JANSEN AG system components and products may only be installed, repaired and commissioned by Authorised Professionals. Otherwise, the warranty shall lapse without reservation.

If components from other manufacturers are installed, the warranty for the systems concerned shall lapse unless the Customer proves that the conformity of the system is not impaired. JANSEN AG test certificates and confirmations shall then not apply to the modified system.

16. Repairs Outside the Warranty Period

Repairs and returns outside the warranty period shall not be processed free of charge. This applies both to products supplied by JANSEN AG and to products not purchased from JANSEN AG. Following inspection, the following conditions shall be charged:

• Warranty period expired: new order or return against a flat fee of CHF 80.– plus shipping costs.
• Goods not purchased from JANSEN AG: return against a flat fee of CHF 80.– plus shipping costs.
• Repair required due to third-party intervention: if repairable, invoicing according to JANSEN AG’s current rates plus shipping costs; if not repairable, the conditions applicable to an expired warranty period shall apply.
• Returned components incomplete: return against a flat fee of CHF 80.– plus shipping costs.
• Defective packaging: packaging costs of CHF 80.–.
• Goods in proper condition taken back by JANSEN AG: credit in accordance with Section 6.

17. Intellectual Property Rights and Know-how

All rights in documents, information and technical solutions of JANSEN AG shall remain with JANSEN AG. Without written consent, they may not be reproduced, disclosed or used for the Customer’s own purposes. All intellectual property rights, know-how and further developments shall remain with JANSEN AG.

In the event of a breach, JANSEN AG may claim a contractual penalty of CHF 20'000.– per breach. The right to claim damages exceeding the contractual penalty – in particular loss of profit, lost licence fees and costs of enforcing rights – remains reserved. If it is established that a third party uses a technical solution substantially based on JANSEN AG documents, it shall be presumed that the Customer unlawfully disclosed such documents.

JANSEN AG trademarks, logos and patents may only be used with prior written authorisation. In the event of a breach: a contractual penalty of CHF 5'000.– per breach and a retroactive licence fee.

The Customer may not name JANSEN AG as a reference without its consent.

18. Prohibitions on Use and Exploitation

JANSEN AG documents, information and technical solutions may be used exclusively for performance of the Contract. In particular, the following are prohibited:

• use for the development of the Customer’s own products or improvement of its own services;
• development of the Customer’s own technical solutions or designs derived therefrom;
• manufacture of products on the basis of JANSEN AG know-how;
• reverse engineering;
• commercial exploitation for the benefit of the Customer or third parties;
• filing for intellectual property rights based on JANSEN AG know-how.

These prohibitions shall continue to apply after termination of the Contract. The Customer shall be liable for breaches by Affiliated Companies and commissioned third parties as for its own conduct. If the Customer becomes aware of an inadvertent disclosure, it shall immediately inform JANSEN AG.

The legal consequences set out in Section 17 shall apply mutatis mutandis.

19. Drawings and Tools

JANSEN AG shall retain all ownership rights and copyrights in all documents. Such documents may not be reproduced or disclosed. Tools shall remain the property of JANSEN AG even if the Customer has contributed to their costs. After two years without Delivery, they may be disposed of without compensation.

20. Confidentiality

The Customer shall keep all business and trade secrets of JANSEN AG strictly confidential. This shall not apply to information that is publicly known or required by law to be disclosed.

21. Data Protection

Personal data shall be processed in accordance with JANSEN AG’s privacy notice, available at www.JANSEN.com. Customer data may be disclosed to Affiliated Companies and Contractually Engaged Third Parties where necessary for the performance of the Contract or maintenance of the business relationship and permissible under applicable data protection law.

22. Export Control and Sanctions

Performance of the Contract is subject to compliance with all applicable export control and sanctions laws. JANSEN AG may refuse, suspend or terminate Deliveries to the extent necessary to comply with such laws.

23. Deemed Approval

Reports shall be deemed approved if the Customer does not raise objections In Writing within three (3) Working Days. For drawings and technical documents, the period shall be five (5) Working Days. The period shall commence on the Working Day following notification. Different periods may be provided for in Section VI.

24. Amendments to these Provisions

JANSEN AG may amend and/or supplement these GTC at any time. The version in force at the time the Contract is concluded shall apply. The current version is available on JANSEN AG’s website.

25. Severability

If individual provisions of these GTC are or become wholly or partially void and/or invalid, the validity of the remaining provisions shall not be affected. In such event, the parties shall endeavour to reach an amicable solution before commencing court proceedings.

If mandatory statutory provisions do not permit individual exclusions or limitations, such exclusions or limitations shall be replaced by legally permissible provisions.

26. Governing Law and Jurisdiction

The contractual provisions agreed between the parties shall be governed by substantive Swiss law, excluding (i) international conventions, including the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), and excluding (ii) conflict-of-laws rules. This shall also apply to Contracts initiated by or through a Representative Office of JANSEN AG. The ordinary courts at the registered office of JANSEN AG shall have jurisdiction. JANSEN AG reserves the right to bring proceedings against the Customer at the Customer’s registered office.

27. Interim and Protective Measures

JANSEN AG may at any time and without prior notice apply for judicial or administrative measures to safeguard its rights, irrespective of the area of law concerned and irrespective of any contractual penalties or claims for damages asserted at the same time.

28. Place of Performance

The place of performance for all services, payments, Deliveries and warranty obligations shall be the registered office of JANSEN AG in Oberriet SG, Switzerland.

29. Binding Original Text

The language of negotiation and of the Contract is German. These GTC are also made available in other languages. In the event of any discrepancy between the German version and a translation, only the German version shall be legally binding.

30. Supplementary and Country-Specific Terms

For individual markets, one or more provisions of these GTC may be supplemented or replaced by country-specific terms. Such terms shall be stated in the quotation or order confirmation and may concern any area of these GTC. In the event of any discrepancy, the country-specific terms shall prevail.

31. Mechanical Processing

Mechanical processing means the processing of materials in accordance with the Customer’s specific requirements, including in particular cutting, bending to individual radii, drilling, welding, grinding, finishing and completion. Prefabricated elements and assemblies, in particular window, door and façade elements, may also be produced in accordance with the Customer’s requirements.

If the Customer provides the material to be processed, the Customer shall be responsible for ensuring that it complies with the agreed specifications and is suitable for the intended processing. The Customer shall be solely responsible for the accuracy of all dimensions, drawings and technical specifications. Defects attributable to defective or unsuitable Customer material shall exclude any liability of JANSEN AG.

Customary manufacturing tolerances and the applicable DIN and EN standards shall apply. Deviations of up to 5% in weight and dimensions shall be deemed compliant with the Contract. The specifications and dimensions provided by the Customer shall be decisive; the Customer shall be solely responsible for their accuracy.

The warranty shall be governed by Sections 13 and 14. Processed Goods are excluded from returns under Section 6.

32. Powder Coating

Powder coating is a process in which an electrically charged layer of powder is applied to the material and cured at high temperatures. It serves to protect against corrosion and improve surface quality.

The warranty applies exclusively to the coating and excludes defects attributable to materials or designs provided by the Customer. The Goods are not inspected for dimensional accuracy or damage. No warranty shall be provided in the event of improper use. The warranty for repairs shall expire upon expiry of the original warranty period. Repairs shall not affect the original warranty period and shall neither suspend nor extend it. Processed Goods are excluded from returns under Section 6.

The relevant DIN tolerances shall apply to DIN-standardised Goods. Minor colour variations depending on the batch and material structure shall not constitute a defect provided they remain within customary industry tolerances. Colour variations in subsequent orders or compared with samples shall likewise not constitute defects. The Customer shall be responsible for the accuracy of colour specifications.

Powder-coated surfaces must be regularly maintained using mild cleaning agents and a soft cloth. Aggressive, acidic or abrasive cleaning agents are prohibited and shall result in the warranty becoming void. The requirements of guideline SZFF 61.01 or RAL-GZ 632 must be observed. The Customer shall be responsible for proper cleaning and maintenance.

Powder coating is designed exclusively for exposure to solar radiation. Any other heat exposure or extreme UV exposure shall render the warranty void.

JANSEN AG shall be liable for damage to parts or materials provided by the Customer during powder coating only in the event of proven intent or gross negligence. In all cases, liability shall be limited to the price of coating the affected part, to the extent permitted by law. Section 7 shall otherwise apply.

33. Special Requirements and Subsequent Changes

Special requirements or applications exceeding the standard scope must be agreed In Writing. Requirements not agreed In Writing shall not be taken into account; JANSEN AG shall not be liable for any resulting deviations. Subsequent changes shall be invoiced separately.

34. Assembly Instructions

Assembly instructions shall be provided by JANSEN AG employees subject to their availability. They shall not carry out assembly or installation work; the Customer shall have no authority to issue instructions to them.

Cancellations are free of charge up to two (2) Working Days before the appointment. In the event of later cancellation, the scheduled hours and any travel and accommodation costs already incurred shall be invoiced. If JANSEN AG cancels the appointment, the Customer shall be entitled to a replacement appointment; any further claims are excluded.

Assembly instructions constitute non-binding recommendations. Liability shall be governed by Section 7.

35. Assembly and Installation Services

Assembly work shall be carried out in the presence of the Customer at the agreed location. The Customer shall inform JANSEN AG of the local conditions and shall have no authority to issue instructions to JANSEN AG employees.

The Customer shall provide all relevant information in due time, in particular regarding access routes, site conditions and planning documents, and shall ensure the necessary access rights. If information regarding the site or access is not provided, JANSEN AG may refuse performance and invoice the costs incurred.

Cancellations are free of charge up to three (3) Working Days before the appointment. In the event of later cancellation, the scheduled hours and any travel and accommodation costs already incurred shall be invoiced. If JANSEN AG cancels the appointment, the Customer shall be entitled to a replacement appointment; any further claims are excluded.

36. Acceptance and Warranty

The Customer shall inspect, accept and document the installation work immediately upon completion, while the products are still visible and before earthworks or subsequent works are carried out. Defects identifiable during such inspection must be notified to JANSEN AG In Writing within seven (7) calendar days after completion of the installation. Defects not identifiable upon proper inspection must be notified to JANSEN AG In Writing within seven (7) calendar days after discovery. In the event of late notification, the corresponding warranty rights shall lapse. All warranty rights shall expire no later than one (1) year after completion of the installation, irrespective of the date of discovery. If the inspection is not carried out until after earthworks or subsequent works, the Customer shall bear all resulting costs, including consequential damage.

Where the services relate to an immovable work, mandatory statutory provisions concerning notification periods, the right to rectification and limitation periods shall take precedence.

To the extent permitted by law, the manner in which defects are remedied shall be determined exclusively by JANSEN AG and shall be limited to free rectification or replacement of defective components. Any further claims by the Customer are excluded. To the extent permitted by law, JANSEN AG shall be liable only for damage caused intentionally or through gross negligence.

37. Tests and Calculations

JANSEN AG’s tests and calculations are based solely on the information and documents provided by the Customer. JANSEN AG does not verify their completeness or accuracy. Requirements relating to the construction project are not verified. Tests and calculations may only be used for the individual case for which they were prepared.

The services shall be provided electronically on the agreed date. No CAD drawings shall be prepared.

Unless a lump-sum fee has been agreed, JANSEN AG shall invoice its services based on the work performed at its applicable rates.

Planning responsibility shall lie exclusively with the Customer. Defects must be notified In Writing without delay, but no later than two (2) Working Days after discovery; otherwise the tests and calculations shall be deemed approved. The warranty period shall be one (1) year from their delivery. Accepted defects shall be corrected free of charge. Any further warranty rights are excluded. JANSEN AG shall be liable only for damage caused intentionally or through gross negligence. JANSEN AG shall not be liable for damage resulting from incorrect information provided by the Customer.

38. Advice

Sketches, drawings, lists, brochures and technical advice, recommendations and design proposals of JANSEN AG shall be provided free of charge as part of an initial, one-time, non-binding consultation and are advisory only. They shall not create any contractual obligation. Additional or repeated advisory services shall be subject to charge and invoiced at JANSEN AG’s applicable rates.

The Customer shall be responsible for ensuring that proposed designs and processes are suitable for its purposes and do not infringe any intellectual property rights, standards or regulations. The system documentation must be complied with at all times. Any deviation shall be the sole responsibility of the Customer and shall result in the complete loss of the system warranty. JANSEN AG does not verify requirements relating to the construction project. JANSEN AG’s liability for recommendations and advice is expressly excluded.

Advisory services shall not establish any separate advisory, planning or project design contractual relationship or any corresponding liability of JANSEN AG.

39. Transport and Insurance

Transport and insurance of Rental Items shall be borne by the Customer. The Customer shall be liable for any loss of or damage to Rental Items during the rental period.

40. Liability for Defects and Duty to Notify

The Customer shall inspect the Rental Item immediately upon Delivery. Defects that render it unfit for the intended use must be notified In Writing within four (4) Working Days of Delivery; otherwise JANSEN AG shall have no obligation to remedy such defects.

JANSEN AG’s obligation to remedy defects shall be limited to the free replacement or free repair of parts recognised as defective. Any further claims by the Customer, in particular for a reduction of the rent or damages, are excluded to the extent permitted by law.

The Rental Item shall be used exclusively in a professional and appropriate manner. Damage resulting from improper use shall be borne in full by the Customer. Any liability of JANSEN AG is excluded to the extent permitted by law.

During the rental period, maintenance of the Rental Item shall be the responsibility of the Customer and must be carried out in accordance with JANSEN AG’s instructions. Defects may only be remedied after prior consultation with JANSEN AG. Damage resulting from improper maintenance shall be borne by the Customer. The Customer is aware of the average maintenance costs; if not, the Customer must inform JANSEN AG before conclusion of the Contract, failing which such knowledge shall be presumed.

41. Assembly and Return

The Rental Item shall be assembled in accordance with JANSEN AG’s instructions. Damage resulting from improper assembly shall be borne by the Customer.

At the end of the rental period, the Customer shall return the Rental Item clean and in perfect condition. Cleaning must be carried out professionally using a non-damaging cleaning agent. Damage resulting from improper cleaning shall be borne by the Customer. Any liability of JANSEN AG is excluded to the extent permitted by law.

42. Rent and Costs

In addition to the agreed rent, the Customer shall be invoiced for transport costs incurred by JANSEN AG, the costs of replacing missing or defective material and cleaning costs. Costs associated with use, in particular electricity and fuel, shall be borne by the Customer.

43. Schüco Products

For a shipping weight of 250 kg or more, Delivery shall be free domicile (ramp), plus HGVC. Postal, express and courier Deliveries shall be charged in full. Additional costs for special transport (e.g. crane truck, overlength items, difficult Delivery, truck with tail lift) and special transport outside the route plan shall be invoiced according to the costs incurred. For express profile orders, JANSEN AG shall charge a handling surcharge of CHF 100.– per order item (order and loading onto the truck on the same Working Day).

The minimum order value is CHF 100.– per order.

Deliveries shall be made without packaging or in customary commercial packaging. Reusable packaging shall be invoiced and credited at 100% after return carriage paid and in perfect condition. For wooden crates, the credit shall be limited to two thirds of the amount invoiced.

44. Schüco Machines

For machines, the warranty period shall be two thousand (2,000) operating hours or one (1) year from the Delivery date, whichever occurs first. The Customer shall document the operating hours and provide evidence thereof to JANSEN AG upon request. The Delivery date shall determine the commencement of the warranty period.