Products

• house and garden
• sight- and noise protection
• industry and safety
• animal breeding
• installation engineering
• fencing for rent
• service
• fence catalogue

 

Locations

• Zaunteam Germany
• Zaunteam Switzerland
• Zaunteam Austria

 

0800 84 86 888 Free-Hotline

 

 
 
 
 
 
 
 

General Business Terms

We pay attention even to the lower case writing, nevertheless, be sure, if any difficulties occur at some point, we will make an effort to find together with you a non-bureaucratic solution of the situation.

General Terms applicable to Switzerland

General Terms applicable to Switzerland PDF>>>

1. Agreement Conclusion
a) These general terms of purchase and installation (General Business Terms) are a part of the agreement between a purchaser and our Company, the Zaunteam. Any and all services are realized exclusively upon the General Business Terms. Different measures shall not be accepted.
b) Our offers are open and not binding unless confirmed by us in writing. Delivery and submitted invoice are of the same meaning as a written receipt.
2. Prices and Payments
a) Our receivables are due and payable 30 (thirty) days from the issue of the invoice, unless set forth otherwise. In case of an overdue payment by the purchaser, we charge an annual interest of 10%. Should the purchaser fail to pay a given amount within the set term, we are entitled, inter alia, to withdraw from the agreement without granting any additional term for payment.
b) The installation, transport, insurance and other secondary services are included in the price only as agreed upon the agreement.
c) Forwarding the goods is based on our feasibility. The transport costs, insurance incl. are covered by the purchaser. If the purchase price exceeds Swiss Francs 1,500.00 (one thousand five hundred Swiss francs), the transport is paid by us.
d) The agreed upon price for installation assumes such soil quality permitting easy excavation of holes for posts or post driving. If no such soil quality is given (e.g. rock, concrete, tiles, frozen soil), the purchaser must pay in addition for the time spent in the amount of Swiss Francs 73.00 (seventy three Swiss francs) per hour plus an applicable VAT, costs for extra material and expenses. The same applies if the area is exceptionally elevated (hillside, hilly terrain), and/or if the place of installation is not immediately accessible by a freight truck.
e) The compensation is possible only along with the admitted or legally given counter-receivable. This also applies to a claim of a lien.
3. Delivery; Transport; Retention of Title
a) Conditions and terms of delivery may be agreed upon in a binding manner only in the written form. We, however, always make an effort to comply with delivery terms promised even in an unbinding manner.
b) If the binding term is impossible to be complied with, we shall negotiate another term. Should such term ineffectively expire, the purchaser has the right to withdraw from the agreement due to a missing delivery. Other rights of the purchaser, e.g. to indemnification, are excluded unless a damage is caused as a result of our intention or negligence.
c) The purchaser assumes liability for the purchased goods devaluation or damage as from the time of handover to a transport carrier.d) We do not take any liability for default of the delivery due to Acts of God (Force Majeure) (e.g. a lack of raw materials, commotion, strikes, lack of staff and lack of transport options or traffic limits. The right of the purchaser to indemnification in such cases is excluded.
e) Should the agreement set out prior partial deliveries, each of them is deemed a performance of the agreement. The purchaser is not entitled to reject such partial deliveries.
f) The delivered goods remain our property until its payment in full. In case of any further sale of the goods with the retention of title, the purchaser shall assign hereby to us any and all claims towards the other purchaser due to performance whereas the purchaser remains liable for the payment to the fullest extent. We have to be notified without any delay of any execution or confiscation by a third person (e.g. landlord’s pledge right).
4. Installation
a) If the assembly is agreed upon, it shall be commenced only when visibly determining milestones and landmarks are available and prerequisites established as in the section 4b) of General Business Terms. Any costs incurred as a result of such preconditions default shall be settled by the purchaser.
b) The purchaser is responsible for the goods to be installed at the right place and under submission of all necessary permits. It shall provide that any and all supply mains in the fence area are marked on the plot and communicated to the Installation Manager in writing. The purchaser assumes the liability in the internal relationship for damage caused by the unmarked and/or unnotified supply mains and it shall exclude us from any liability whatsoever.
c) Any disposal and removal of the extracted material, removal, disposal and liquidation of obstacles (e.g. shrubs) are not a part of the agreement. Such activities shall be paid separately, if such activities are required by the purchaser or deemed necessary by us. The purchaser shall pay, inter alia, the rest of costs incurred (e.g. disposal site charges).
5. Warranty; Damage Reimbursement
a) The goods properties are guaranteed if so agreed thereupon in writing.
b) Any minor deviations from the description are permitted and do not concern the agreement performance, unless such deviations are unacceptable to the purchaser. This applies, including, without limitation, in case of changes and improvements subject to technical advancement and naturally preconditioned properties of processed wood. Any minor changes as to the colour, extent and/or quality indicators as well as changes initiated by the environment do not precondition the right to warranty.
c) The purchaser is required to inspect the goods delivered without any delay and notify of defects, if any, in writing and without any delay. In other case, the goods are deemed approved. The same applies also to deviations in the delivered quantity and/or delivered content.
d) In case of any defects, we proceed in compliance with our feasibility either by means of defect remedy or return of the goods and a replacement delivery.
e) The right to warranty performance is granted only to the purchaser and it is nontransferable.
f) The right of the purchaser to damages is excluded unless it constitutes an intent or negligence of our Company or our colleagues in breach of a major contractual duty imposed on us or a lacking characteristic guaranteed by us. In any case, the warranty is limited to predictable damages.
g) Should any defect occur exclusively as a result of a failure to comply with instructions, the right of warranty does not apply. This applies particularly when our goods are installed on a frozen soil.

 

 

General Terms applicable to Germany

General Terms applicable to Germany PDF>>>

1. Agreement Conclusion

a) These general terms of purchase and installation (General Business Terms) are a part of the agreement between a purchaser and our Company, the Zaunteam. Any and all services are realized exclusively upon the General Business Terms. Different measures shall not be accepted.
b) Our offers are open and not binding unless confirmed by us in writing. Delivery and an invoice submitted are of the same meaning as a written receipt.
2. Prices and Payments
a) Our receivables are due and payable upon the issue of a receipt, and if not set forth otherwise, within 14 (fourteen) days. Should the purchaser fail to pay a given amount within the set term, we are entitled, inter alia, to withdraw from the agreement without granting any additional term for payment and charge a 10% interest.
b) The installation, transport, insurance and other secondary services are included in the price as agreed upon the agreement.
c) Forwarding the goods is based on our feasibility. The transport costs, insurance incl. are borne by the purchaser. If the purchase price exceeds EURO 1,200.00 (one thousand two hundred Euros), the transport is paid by us.
d) The agreed upon price for installation assumes such soil quality permitting easy excavation of holes for posts or posts driving. If no such soil quality is given (e.g. rock, concrete, tiles, frozen soil), the purchaser must pay in addition for the time spent in the amount of EURO 37.00 (thirty seven Euros) per hour plus an applicable VAT, costs of extra material and expenses. The same applies if the area is exceptionally elevated (hillside, hilly terrain), and/or if the place of installation is not immediately accessible by freight truck.
e) The compensation is possible only along with the admitted or legally given counter-receivable. This also applies to a claim of a lien.
3. Delivery; Transport; Retention of Title
a) Conditions and terms of delivery may be agreed upon in a binding manner only in the written form. We, however, always make an effort to comply with delivery terms promised even in an unbinding manner.
b) If the binding term is impossible to be complied with, we shall negotiate another term. Should such term ineffectively expire, the purchaser has the right to withdraw from the agreement due to a missing delivery. Other rights of the purchaser, e.g. to indemnification, are excluded unless a damage is caused as a result of our negligence or intention.
c) The purchaser assumes liability for the purchased goods devaluation or damage as from the time of handover to a transport carrier.
d) We do not take any liability for default of the delivery due to Acts of God (Force Majeure) (e.g. a lack of raw materials, commotion, strikes, lack of staff and lack of transport options or traffic limits. The right of the purchaser to indemnification in such cases is excluded.
e) Should the agreement set out prior partial deliveries, each of them is deemed a performance of the agreement. The purchaser is not entitled to reject such partial deliveries.
f) The delivered goods remain our property until its payment in full. In case of any further sale of the goods with the retention of title, the purchaser shall assign hereby to us any and all claims towards the other purchaser due to performance provided whereas the purchaser remains liable for the payment to the fullest extent. We have to be notified without any delay of any execution or confiscation by a third person (e.g. landlord’s pledge right).
4. Installation
a) If the assembly is agreed upon, it shall be commenced only when visibly determining milestones and landmarks are available and prerequisites established as in the section 4b) of General Business Terms. Any costs incurred as a result of such preconditions default shall be settled by the purchaser.
b) The purchaser is responsible for the goods to be installed at the right place and under submission of all necessary permits. It shall provide that any and all supply mains in the fence area are marked on the plot and communicated to the Installation Manager in writing. The purchaser assumes the liability in the internal relationship for damage caused by the unmarked and/or unnotified supply mains, and it shall exclude us from any liability whatsoever.
c) Any disposal and removal of the extracted material, removal, disposal and liquidation of obstacles (e.g. shrubs) are not a part of the agreement. Such activities shall be paid separately, if such activities are required by the purchaser or deemed necessary by us. The purchaser shall pay, inter alia, the rest of costs incurred (e.g. disposal site charges).
5. Warranty; Damage Reimbursement
a) The goods properties are guaranteed if so agreed thereupon in writing.
b) Any minor deviations from the description are permitted and do not concern the agreement performance, unless such deviations are unacceptable to the purchaser. This applies, including, without limitation, in case of changes and improvements subject to technical advancement and naturally preconditioned properties of processed wood. Any minor changes as to the colour, extent and/or quality indicators as well as changes initiated by the environment do not precondition the right to warranty.
c) The purchaser is required to inspect the goods delivered without any delay and notify of defects, if any, in writing and without any delay. In other case, the goods are deemed approved. The same applies also to deviations in the delivered quantity and/or delivered content.
d) In case of any defects, we proceed at our discretion either by means of defect remedy or return of the goods and a replacement delivery.
e) The right to warranty performance is granted only to the purchaser and it is nontransferable.
f) The right of the purchaser to damages is excluded unless it constitutes an intent or negligence of our Company or our colleagues in breach of a major contractual duty imposed on us or a lacking characteristic guaranteed by us. In any case, the warranty is limited to predictable damages.
g) Should any defect occur exclusively as a result of a failure to comply with instructions, the right of warranty does not apply. This applies particularly when our goods are installed on a frozen soil.
6. Data Protection; Place of Performance; Jurisdiction
a) We have the right to keep, process and deliver to partnership firms any and all data concerning the purchaser in connection to the business relationship by virtue of Act on Personal Data Protection. We guarantee that no customer data whatsoever are passed by us to any companies which are not the Zaunteam Partners or for any advertising or marketing purposes.
b) Place of performance is the registered office of the seller.
c) Jurisdiction is the registered office of the seller.
d) The laws of the Federal Republic of Germany prevail, except for the purchase right of the United Nations. Should the seller have its registered office in Switzerland, the Swiss laws prevail with the exception of the purchase right of the United Nations.

 

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