1. Introduction
These General Terms and Conditions (hereinafter “GTC”) of GIMP Sàrl (hereinafter “GIMP”) apply to all services and all products (hereinafter “products”) offered by GIMP. The term “customer” refers to any individual or legal entity having a business relationship with GIMP.
2. Field of application
These Terms and Conditions apply to all products and services offered by GIMP. All sales and deliveries are made exclusively according to GIMP's general terms and conditions. Customer's general terms and conditions, which contradict or deviate from these terms and conditions, shall only be recognized if GIMP expressly accepts them in writing.
The current version of the Terms and Conditions is published on the website www.garagepro.ch. A printed copy may be obtained on request from GIMP.
3. GIMP features
These General Terms and Conditions (hereinafter “GTC”) of GIMP Sàrl (hereinafter “GIMP”) apply to all services and all products (hereinafter “products”) offered by GIMP. The term “customer” refers to any individual or legal entity having a business relationship with GIMP.
4. Exclusion of warranty for product information and information concerning availability and warranties
GIMP endeavors to provide information on the products and services it offers that is as accurate as possible. However, some of this information is supplied directly by the manufacturers and is relayed in a clear and appropriate manner by GIMP. This information is provided for information purposes only and in no way constitutes an express warranty as to the accuracy, completeness or currency of information relating to products, services, warranties or warranty periods.
GIMP attaches great importance to the accuracy of availability indications, but due to external factors, such as production, delivery problems or stock errors, delays may occur. Consequently, delivery times are indicative only and do not constitute a contractual obligation. They may be modified at any time without notice.
GIMP reserves the right to terminate the contract if delivery becomes totally impossible, in particular due to a manufacturing stoppage or the unavailability of the product from the manufacturer. In this case, GIMP's liability is limited to the reimbursement of amounts already paid by the customer, without any additional compensation being claimed.
5. Price indications
Unless otherwise stated, all prices displayed on our Garagepro.ch website are exclusive of tax (HT), i.e. without VAT, and do not include shipping or assembly costs. Prices quoted by telephone for telephone orders are also quoted excluding VAT, and the applicable VAT is always added.
Prices don't include shipping, assembly or any other additional services, unless otherwise stated. Any additional services requested by the customer, such as delivery, assembly, calibration of machines or disposal of specific waste, may be invoiced additionally, in accordance with current rates.
6. Conclusion of contract
Products, services and prices published on www.garagepro.ch are to be regarded as non-binding offers. However, these offers are subject to resolving conditions, such as impossibility of delivery or incorrect price indication (on the part of the manufacturer or GIMP).
The contract is concluded as soon as the customer places an order via the online site, in-store, by telephone or by e-mail. In the case of online orders, receipt of the order is confirmed by the sending of an automatically generated confirmation e-mail. This e-mail does not guarantee that the product is available or can be delivered. It simply indicates that GIMP has received the order and that the contract is concluded subject to the impossibility of delivery.
If one of the resolutive conditions mentioned occurs (such as impossibility of delivery), the contract is automatically terminated without any action by the parties being necessary. The customer will be informed of this termination. If the product has already been delivered, ownership reverts to GIMP and the customer is obliged to return the product (GIMP undertakes to refund the price paid). If the product has not yet been delivered, the customer is not obliged to pay for or accept the product. In such cases, GIMP is not obliged to provide a replacement delivery.
7. Installation
Prior to any assembly operation, the electrical installation of the panel connected to the machine must be prepared in advance, in accordance with the electrical specifications of the machine to be installed. If the customer has any questions or doubts concerning these specifications, GIMP will be happy to provide all the necessary information.
To facilitate installation, the customer must ensure that a clean and easily accessible work area is prepared. The dimensions of the space required vary according to the machine, but they must be at least 1x the size of a crane truck + 1x the size of the machine + 2 meters around the assembly area. If these conditions cannot be met, the customer must inform GIMP SARL before assembly.
The customer is responsible for the conformity and quality of the slab on which the machine will be installed. It must comply with the manufacturer's specifications. If the customer does not have this information, it is the customer's responsibility to refer to an engineer or architect. GIMP declines all responsibility for damage resulting from defects in the slab. Similarly, GIMP SARL assumes no responsibility for damage caused during drilling, particularly to pipes, ducts, pipes or other technical elements cast into the slab, or in the event of drilling through a lower floor.
GIMP SARL is not responsible for the exact positioning of the machine in the room. It is the customer's responsibility to check the dimensions and foundation plans to ensure that the machine will be installed in the desired location. The customer must therefore define the location in advance. The signed delivery note confirms acceptance of the installation, including the choice of location. If the customer cannot be present at the time of installation, he must mark the ground to indicate the desired location. GIMP declines all responsibility for incorrect positioning of the machine once it has been fixed.
8. Terms of payment
The customer undertakes to pay for the products and services ordered by one of the methods of payment made available by GIMP. The available methods of payment and the corresponding terms and conditions are published on www.garagepro.ch. Products and services must be paid no later than the day of delivery or commissioning, unless otherwise agreed. GIMP SARL reserves the right to request advance payment, in full or in part, in particular to validate an order or for orders of specific products.
Products delivered to the customer remain the property of GIMP until full payment of the sale price. The customer grants GIMP the right to register a reservation of title in the register of reservations of title, in accordance with Article 715 of the Swiss Civil Code. In the event of non-payment, GIMP is entitled to take back the products delivered, without further procedure, within the limits of the legal framework.
9. Late payment
If the customer fails to meet its payment obligations, either partially or in full, all unpaid amounts become immediately due and payable, regardless of their origin, and all deliveries in progress are suspended. GIMP reserves the right to terminate the contract. Such termination shall take effect automatically and without notice eight days after sending a reminder to pay which has gone unanswered by the customer.
From the th reminder, GIMP may charge administrative fees of 50 CHF to cover the manual processing of reminders. GIMP also reserves the right to assign unpaid receivables to a debt collection or commercial information company, in accordance with legal practice.
In the event of delayed payment or breach of contractual obligations, or if GIMP becomes aware of circumstances affecting the solvency of the customer, GIMP reserves the right to suspend the status of invoices and adjust the credit terms granted to the customer, including the requirement of advance payment for future orders.
10. Contract cancellation and termination
In accordance with figure 6 of these terms and conditions, all orders placed with GIMP are firm, and the customer is obliged to receive the service or product ordered. Subsequent modifications or cancellations are generally not possible or incur administrative costs. These costs include administrative compensation equivalent to 20% of the order amount or a minimum of 75 CHF, as well as consideration for loss of product value. GIMP reserves the right, at its discretion, to decide whether a cancellation is possible after the order, and if so, the customer must pay the corresponding administrative fee. The customer may not claim the right to cancellation without GIMP's prior consent.
If the customer, despite his obligation to accept, does not accept the products within two weeks after notification of availability, GIMP is entitled to rescind from the contract and to charge the administrative costs in accordance with figure 9 of the General Terms and Conditions.
In the event of impossibility of delivery on the part of GIMP, in accordance with figure 6 of the general terms and conditions, the customer has the right to cancel the contract at the earliest five weeks after the agreed delivery date. In the event of cancellation due to non-delivery, GIMP undertakes to reimburse in full the amounts paid in advance by the customer, without any further compensation being claimed.
11. Exchange and return
As a general rule, exchange and return of products are not possible. An exchange or return may be accepted exceptionally and only with the prior agreement of GIMP. If an exchange or return is granted, the base for calculating prices is always limited to the current price of the product on the day of return or exchange, and not the initial purchase price.
Products ordered especially for the customer as well as systems configured to measure are excluded from any possibility of exchange or return, except in the case of defects covered by the legal warranty.
12. Delivery
The products delivered or collected must be immediately checked by the customer as to their accuracy, completeness and intactness. Any errors or damage, whether visible or hidden, must be reported in writing to GIMP as soon as they are discovered, but no later than 5 calendar days after receipt of the shipment. To enable the claim to be processed, the product must be kept in the condition delivered and not put into service.
In the case of delivery by a transport company, the customer confirms, by signature, that the delivery is visually intact, unless a reservation is indicated at the time of delivery. In the event that no reservation has been made, GIMP cannot be held responsible for visible transport damage. This provision does not apply to hidden defects, which remain covered under certain conditions.
GIMP reserves the right to charge additional delivery costs for destinations that cannot be directly connected by the carrier.
Deliveries by a deliverer are made on the doorstep, outside the customer's private plot. At the customer's request, GIMP can deliver inside the plot, in which case the customer assumes all risk in the event of damage to property during delivery.
For excessively heavy machines, the customer is required to organize at its own expense a forklift or any other lifting means necessary for unloading and, where applicable, assembly.
If access to the delivery site is difficult, particularly if the ceiling is less than 3.5 meters high and 3.5 meters wide, or in the event of an access slope, or any other obstacle preventing access by a crane truck, the customer must inform GIMP in advance. In cases of complex access, additional charges may apply. The customer may also be asked to arrange a suitable means of unloading at his own expense.
13. Return of goods
If the customer wishes to return goods to GIMP, the return is made at the customer's expense and risk to the return location indicated by GIMP. Returned products must be sent with all accessories, in their original packaging, and packed appropriately to prevent damage during transport. The customer is responsible for insuring the shipment. The return must be accompanied by a detailed description of the defects as well as a copy of the invoice.
In the event of the return of a product including a data carrier or a product containing a data recorder, it is possible that all data may be lost. It is the responsibility of the customer to make the correct backup of the data prior to shipment. GIMP accepts no responsibility for data loss during returns processing.
Returns without a sender clearly identified on the package will be kept for 6 months. If no contact is made by the sender during this period, returns will be destroyed or eliminated.
14. Service and warranty
As GIMP does not manufacture the products it sells itself, it has no direct influence on the solidity or performance of the products, nor on the warranty benefits provided by the manufacturers.
The conditions and warranty periods of the manufacturers always apply. In general, the warranty period is two years for private customers and one year for professional customers.
The warranty covers defective parts, but excludes shipping costs, travel costs, labor, or any other indirect costs. The warranty does not cover wearing parts, such as rubber components, protective plastics, PVC components, seals for cylinders, or any other component subject to normal aging.
Also excluded from the warranty are parts whose wear is due to lack of maintenance, such as failure to replace hydraulic oil, insufficient lubrication, use at too high pneumatic pressure, or deliberate spraying of water onto unprotected elements.
The assembly performed by GIMP is covered by the warranty, except for wearing parts. If assembly is carried out by the customer, the warranty only applies if defects cannot be attributed to assembly.
If the warranty applies, the manufacturer may opt for repair, exchange for a product of the same value, or compensation up to the current value of the product, not exceeding its original purchase price. The choice of remedy always rests with the manufacturer, and the customer cannot demand any other solution.
The warranty does not cover damage due to mishandling or mechanical damage, such as drops, knocks, or excessive wear, nor defects resulting from unauthorized modifications.
If additional charges (e.g. for out-of-warranty repairs) are invoiced by the manufacturer or a service partner, these are to be borne by the customer. In addition, for devices with no defect or where the defect is not covered by the warranty, GIMP or the manufacturer may charge checking and return costs.
An exchange or repair under warranty does not extend the original warranty period.
GIMP may, at its discretion, grant a prior exchange of product under warranty. This exchange is conditional upon validation of the warranty by the manufacturer. The customer acquires ownership of the exchanged product only after this validation.
Finally, the legal warranties provided for in Article 197 of the Swiss Code of Obligations also apply. The seller guarantees that the product meets the qualities promised and is free from defects that would affect its intended use or diminish its value.
15. Liability
Claims for damages against GIMP, whether for impossibility of performance, breach of contract, fault in entering into the contract or for illegal act, are excluded to the extent permitted by law, except in cases of intentional act or gross negligence on the part of GIMP or its auxiliaries.
Furthermore, GIMP excludes all liability for indirect damages and consequential damages that may arise from improper use of the services or loss thereof, except in cases of gross negligence or wilful intent.
16. Place of jurisdiction and applicable law
The legal forum for all litigations with GIMP, subject to the mandatory fora provided by federal law, is set at Martigny. This contract is governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
January 2014.