Marcel Boschung AG General Terms and Conditions

General Terms and Conditions (GTC) for the sale of vehicles, electronic and hydraulic equipment/items, power units, original parts, spare parts, used equipment, as well as services, unless otherwise agreed upon with the buyer in writing.

I. General information
a. The following terms of delivery apply for sales and related services of Marcel Boschung AG (hereinafter: « BAG ») to the buyer to the extent that he is a merchant in the legal sense.
b. A contract between BAG and a buyer must be in a written form. This also applies for agreements conflicting with these GTC. Technical documents are only binding if BAG has declared so. All documents are the property of BAG and must not be made accessible to third parties. This especially applies if documents were transmitted prior to a sale in the sense of an offer or sales documentation. All documents must be returned upon request.
c. BAG is authorized to transfer all rights and obligations from this contract entered into with the buyer to a company affiliated with the buyer. The transfer of the contract of the buyer to a third party requires the consent of BAG.

II. Offers and contract
a. BAG offers are nonbinding. Reservations for delivery items in stock shall be maintained for a maximum of two (2) weeks.
b. Technical data, operating costs, dimensions are only approximate values unless such values are explicitly guaranteed by BAG. This also applies for information related to design, form and material.
c. If not explicitly explained, prices and terms of delivery are ex works including loading, without packaging, without cash discount, without any other discounts and without VAT. A domestic buyer is obligated to pay this tax in addition in the respective statutory amount. Additional services such as packaging, freight (for foreign buyer’s customs duties if applicable in addition) or installation and bringing into service at the buyer’s location are invoiced separately. Standard clauses are applicable according to the Incoterms as amended at the time the contract was entered into.
d. Payments have to be made without a deduction, prior to delivery or via a 100% guarantee via a “letter of credit.” Bank charges shall be borne by the buyer. The buyer may only assert the right of retention of payment if the counterclaim is undisputed, or if a legally binding title is on hand. The right of retention of payment only applies for the portion of the delivery that is disputed.

III. Retention of title
a. The delivery item remains the property of BAG until the purchase price and other receivables are paid in full by the buyer. Goods delivered by BAG cannot be pledged or resold until then. Any processing and further processing by the buyer of a delivery item under retention of title is to be reported to BAG.
b. The buyer is obligated during the period of retention of title to maintain the delivery item in good technical order and condition.
c. If the country, where the item was delivered to, does not allow for a retention of title,BAG is authorized to exercise all comparable rights in this country.
d. The buyer shall bear all costs that have to be spent for the cancelation of the right of access or the reprocurement of the delivery item.
e. The petition for opening insolvency proceedings of the buyer authorizes BAG to withdraw from the contract and to demand the immediate return of the delivery item.

IV. Delivery, delivery time and delay
a. The delivery time can be deduced from the written agreements. It presumes that all commercial and technical issues were addressed, and that all approvals and administrative services are performed.
b. Partial deliveries are permitted. The buyer must also pay partial invoices according to the volume of the partial deliveries.
c. Delivery times are indicated by BAG in a way that they can be met during orderly operating conditions in all likelihood, and they are deemed agreed upon.
d. The delivery time is extended in a reasonable fashion in the event of force majeure or if events arise that are outside of the influence of BAG, this can include, but is not limited to, strikes, pandemic, lockouts, and disruptions in operation but also delivery issues of suppliers. BAG is obligated to inform the buyer accordingly.
e. Compliance with the agreed upon delivery time requires that the buyer shall deliver in due time the information, drawings or the like required to execute the contract. This also applies for any advance payments to be paid by the buyer if required and applicable.
f. BAG reserves the right to temporarily offer the buyer a delivery item of a different design, if applicable, with similar characteristics if necessary.
g. Should the delivery be delayed, BAG shall not pay any contractual penalty. Any possible claim for damages of the buyer is excluded.
h. If not contractually agreed upon otherwise, the acceptance (transfer of perils) of the delivery item by the buyer shall begin with loading at BAG.
i. Delivered items with insignificant defects must be accepted by the buyer.
j. After the notification was received by the buyer, that BAG is ready for the delivery or pick up of goods, the buyer is obligated to confirm the acceptance of the delivery or pick up of the goods within fourteen (14) days.
k. Should BAG initiate shipping on behalf of the buyer, this is carried out without any claim to the cheapest way of shipping.
l. During installation at the buyers facility, or during installation by the buyer on site, the following provisions shall apply:
i. In all cases, BAG Field Technicians are only sent as quickly as possible to the agreed installation location upon the request of the buyer and upon the notification by the buyer that the delivery item has arrived on site and that everything is ready for installation.
ii. For an installation, BAG shall invoice the installation rates applicable at the time the installation was carried out, in addition to all agreed on expenses.
iii. Nonworking days such as Sundays and holidays are invoiced as well. Waiting time of the installers that was caused by various causes and through no fault of BAG as well as their execution of work other than work taken over by BAG is invoiced to the buyer as standard installation work.
iv. If the buyer installs the delivered product, the respective start-up operations, adjustment work and service work have to be executed professionally.
v. All installation instructions of BAG are to be complied with. If necessary, the installation has to be carried out by a certified company.

V. Right of withdrawal, returns, testing costs and minimum quantity surcharge for original parts, spare parts and accessories
a. Prior to any return or exchange Boschung has to be notified by phone or in writing. A return by the customer always has to be carried out with the return form available on Boschung’s website and with the consent of Boschung.
b. Upon receipt of the returned goods, Boschung shall reimburse the value of the goods to the customer, minus restocking costs. Goods are to be returned at the expense and the risk of the customer. Shipping charges shall be borne by the customer.
c. Costs incurred already with the signing of the contract, such as shipping costs, etc., will not be reimbursed to the customer.
d. Per item, 10% of the gross sales price, however, at the very minimum CHF 20.00 are charged as restocking costs.
e. Possible testing costs prior to restocking are charged to the customer.
f. Spare parts must not be disassembled or opened. Unless otherwise agreed upon, no delivery items shall be lent as a sample or for tests.
g. If the value of the goods of a contract is less than CHF 60.00 Boschung reserves the right to charge a minimum quantity surcharge of CHF 25.00.

VI. Warranty
a. General Warranty Conditions
i. For BAG vehicles/attachments, the standard warranty period is twenty-four (24) months or a thousand (1000) hours whichever comes first.
ii. For all original BAG replacement parts, the standard warranty period is six (6) months.
iii. For propulsion batteries (EV), the standard warranty is twenty-four (24) months or a thousand (1000) hours whichever comes first, guaranteed with a capacity of at least seventy-five percent (75%).
iv. The warranty starts with the date of shipment from BAG. BAG may offer a warranty extension according to the official BAG price list.
v. Wear parts such as rubber pads / buffers, wear plates, cutting edges, wiper blades, clutch and brake pads / linings, V-belts, hoses, tooth belts, brush cassettes or wafers, fuel and lubricants etc. are not covered under the warranty programme.
vi. All warranty work need to be performed by BAG or a certified BAG partner and are to be carried out after approval by BAG only.
b. Warranty Claim
i. If an error on a BAG product was detected, or, in case of spare parts, a faulty BAG product was received, each buyer has fourteen (14) days to file a claim. The claim application must include all relevant details, a brief description of the damage or defect and a cost estimate in order to facilitate the examination and the approval of the claim within reasonable time by BAG.
ii. Europe: BAG will use EU buyers clearing guidelines for expedition. Outside Europe: BAG will ship all warranty parts under DAP Incoterms.
iii. Compensation can be made in connection with repair or replacement of defective parts. Conditions for the acceptance and reimbursement of labour costs are based on individual partner contracts. Trouble shooting is excluded.
iv. A maximum of four (4) hours of travelling per claim will be refunded. The same hourly rate as for labour applies. All travel expenses (tickets, hotels and rental cars) will be refunded as per receipt only. A maximum of three hundred (300) kilometres per incident will be refunded.
v. Defective parts must only be returned if BAG issues instructions to do so. Each part(s) must be marked with a tag bearing claim number, machine type and serial number. If the part(s) is not returned to BAG the distributor or end user must retain the part(s) for six (6) months pending a possible recall by BAG. All freight charges involved will be reimbursed as per receipt(s) if BAG requests part(s) to be returned.
vi. If the repair of a damaged vehicle involves a third party company, BAG must receive a cost estimate for approval first. The repair work must be performed by a certified company.
c. Warranty exclusion BAG reserves the right to refuse all warranty claims if the product was not used, maintained or stored as per BAG guidelines, damages are caused by force majeure.

VII. Liability
a. If BAG has to answer for damage due to statutory regulations according to these GTC that was caused through slight negligence, BAG is liable in a limited fashion. In such a case the personal liability of the legal representatives, vicarious agents and employees of BAG is also excluded.
b. The buyer can only declare slight negligence for contractual obligations - i.e. such obligations that enable the correct execution of the contract and on which the buyer relies on a regular basis and may rely. Liability here is limited to foreseeable typical damage. To the extent that such damage is covered by an insurance of the buyer, BAG is only liable for potential disadvantages connected to this, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company.
c. The buyer is obligated to immediately report damage and losses that contain a liability risk. BAG is authorized to record the damage personally or via a third party upon request by BAG.

VIII. Law and jurisdiction
Swiss law is applicable for all contracts entered into with BAG. Place of fulfilment and exclusive place of jurisdiction is Payerne / Switzerland