General terms and conditions
A. General Terms and Conditions of Business of SUTER INOX AG
1. Validity
The “General Terms and Conditions” (hereinafter referred to as GTC) under Section A regulate all rights and obligations in the relationship between Suter Inox AG (“SUTER”) and its customers.
For orders placed by our customers via the online shop (www.suter.ch), the General Terms and Conditions for the online shop apply, see: www.suter.ch
2. General
Exceptions, additional agreements, modifications, etc., must be in written form. Should individual provisions of these GTC be or become ineffective or invalid, the validity and effectiveness of the remaining provisions shall remain unaffected. In such a case, the invalid provision must be reinterpreted or supplemented in such a way that the intended purpose of the regulation is achieved as far as possible. New versions of the GTC are published online (www.suter.ch) in the available languages and shall come into effect within one month, unless there is a written objection from the customer.
3. Order confirmation
The content of the order confirmation from SUTER to the customer is deemed to have been accepted if the customer does not provide immediate notification of any objections.
3.1 Catalogues / price lists / quotations
Information documents, catalogues, drawings, price lists and quotations are non-binding and are only intended to provide more detailed guidance. The right is reserved to modify the range and prices at any time without prior notice. The content of the information documents (catalogues, brochures, drawings and website) is protected by copyright. All rights, including those with regard to the printing of extracts and photomechanical and electronic reproduction, are subject to express, written confirmation in advance by SUTER.
3.2 Technical feasibility
We reserve the right to conclusively check the technical feasibility when an order is placed. In the event of obvious program malfunctions on the part of SUTER, the quotation is not binding. The acceptance of such offers by the customer does not lead to the conclusion of a contract with SUTER.
4. Prices
All prices listed in the sales documents are recommended retail prices (RRP) in Swiss francs. The dealer is free to set their own pricing. Unless otherwise agreed, all prices are exclusive of VAT, delivered in the standard packaging, not including transport or insurance.
5. Delivery terms
The written purchase contract or the order confirmation is decisive for the scope and execution of the delivery. Services that are not included in this shall be charged additionally. Partial deliveries are permitted and shall be invoiced. In the case of deliveries by lorry, it is assumed that the customer’s staff shall assist with unloading. Order modifications or cancellations requested by the customer require a written agreement with SUTER. The cost of changes and services already rendered in the event of cancellation shall be borne by the customer.
5.1 Delivery deadline
Delivery dates serve as guidelines and as such are not binding for SUTER unless they are expressly guaranteed in writing by SUTER as binding. SUTER endeavours to meet delivery dates even if unforeseeable difficulties occur. Failure to meet delivery deadlines does not entitle the customer to withdraw from the contract, nor to claim damages or contractual penalties.
5.2 Deliveries in Switzerland
Deliveries are made carriage paid to the customer’s premises (kerbside delivery). Excluded from this are express deliveries, construction site deliveries, scheduled deliveries, deliveries to a location other than the customer’s premises and deliveries where no access is available. SUTER is entitled to choose the means of transport.
5.3 Deliveries abroad
For deliveries abroad, the prices are in line with ex works (EXW) Schinznach-Bad and Dulliken in accordance with the currently valid Incoterms.
5.4 Minimum order value
We charge a shipping fee up to a net goods value of CHF 60.
5.5 Services
The contractually agreed prices for the delivery of goods only include the price of the goods. Services provided by SUTER in connection with the delivery, modification, installation, etc., of the goods are not included. Unless otherwise agreed, such services shall be invoiced separately.
6. Payments
In principle, all payments are to be made to SUTER's head office, within 30 days net or according to the order confirmation or invoice. Any right of ownership of the customer in relation to SUTER goods is excluded in its entirety. The customer undertakes to waive the assertion of ownership rights against SUTER.
7. Reservation of ownership
The products delivered by SUTER remain the property of SUTER until SUTER has received the purchase price in full and in accordance with the contract. Up to this time, SUTER is entitled to enter the reservation of ownership in accordance with Art. 715 of the Swiss Civil Code (ZGB) or other legal provisions applicable at the location of the customer’s premises in the reservation of ownership register at the customer’s head office. With the effective placement of an order, the customer also declares their consent to the entry of a legally effective reservation of ownership or to submit all necessary declarations (in particular, form 48al of the Federal Office of Justice) that are necessary for entry in the register of reservation of ownership. Provided the purchase price has not been paid in full, the customer is obliged to maintain the products delivered by SUTER, to treat them with care and to protect and insure them appropriately against all the usual risks.
8. Specific customer obligations
The customer undertakes to carry out the installation and commissioning of the delivered goods themselves in accordance with the SUTER guidelines.
9. Transfer of benefit and risk
If the goods are delivered by SUTER, the benefit and risk are transferred to the customer upon handover at the agreed place of delivery. Any visible transport damage must be reported in writing to SUTER and the carrier by the customer directly upon acceptance. If such an immediate notification is not made, SUTER shall not be liable for any transport damage. If the products are picked up by the customer, the benefit and risk are transferred to the customer as soon as SUTER makes the goods available for collection at their registered office (ex works according to the current Incoterms).
10. Acceptance
The customer must notify SUTER in writing of any damage, defects and complaints immediately after discovering these, and within 5 working days of delivery or collection, stating the defect.
An extension of the notification period requires the written agreement of both parties, which is why, in particular, objections declared unilaterally by the customer or different GTCs do not result in an extension or interruption of the notification period.
11. Guarantee / warranty
Unless specifically agreed otherwise in writing, SUTER provides a material and functionality guarantee for all SUTER products and their accessories for a period of two years from the date of delivery. The warranty covers the replacement of the product, but not its installation or removal / dismantling, nor services provided by a third party. Claims that exceed the invoice amount cannot be authorised. SUTER cannot be held liable for consequential damage, except in cases of intent and gross negligence.
Errors and malfunctions caused in particular by natural wear and tear, force majeure, improper handling, intervention by the customer or third parties, excessive stress or unusual environmental influences are not covered by the warranty.
Improper treatment within the meaning of this section includes, in particular, non-compliance with the care instructions from Suter Inox AG according to the care instructions.
11.1 Guarantee / warranty for commercial products
Insofar as the manufacturer's warranty for commercial products goes beyond the SUTER guarantee, we refer to the manufacturer's warranty conditions at: https://www.suter.ch/en/warrantyservice/
12. Right of return in case of defects
Return of defective products by the customer must be accompanied by a complaint made punctually in accordance with Section 12.1, a detailed description of the error / defect and proof of purchase.
12.1 Right of return for incorrect orders
If the customer places an incorrect order and wants to return the goods to SUTER, the following conditions apply:
Standard products
If SUTER accepts the return of a product, the customer is not entitled to a refund of the purchase price, but SUTER shall issue a credit note for the customer for 80% of the net value of the returned product, which shall be credited to the customer against the purchase price for the next order placed within one year. SUTER reserves the right to make further deductions. The return delivery takes place at the expense and risk of the customer. The returned goods must be in their original packaging and free from any defects.
Custom-made products and “non-catalogue items”
Custom-made products and “non-catalogue items” are excluded from return to SUTER. These are products that have been specially manufactured or procured at the request of the customer, such as customised products, sinks with individual configurations (hole drillings for fittings, customer logo embossing and coloured sinks), fittings, extractor hoods, etc.
13. Compensation for damages
13.1 Due to intent
SUTER is liable in cases of intent or gross negligence or for a representative or agent, according to the statutory provisions. Otherwise, SUTER's liability is limited to the mandatory provisions of the Product Liability Act (PrHG) and, for customers with residence / headquarters outside Switzerland, EU Directive 85/374 EEC of 25/07/1985 due to injury or death of a person or as a result of damage to or destruction of an item.
In addition, any further liability on the part of SUTER is excluded, in particular, for direct or indirect damage.
SUTER's liability is also limited in cases of gross negligence to typical, foreseeable damage associated with this type of contract, if none of the exceptional cases listed above apply.
Apart from liability under the Product Liability Act and in cases of intent and gross negligence, liability is completely excluded for damage by the delivered item to the legal interests of the customer or third parties, e.g. damage to other items.
13.2 Due to error
The provisions of Section 13.1 above extend to compensation for damages in addition to performance and also in lieu of performance, regardless of the legal reason. In particular, due to defects, the breach of obligations arising from the contractual relationship or unauthorised handling. They also apply to claims for reimbursement of wasted expenditure.
Claims for compensatory damages due to errors in illustrations, prices and texts, or as a result of delayed delivery or failure to deliver are strictly ruled out.
14. Data protection
The personal data required for business transactions are treated as strictly confidential on the basis of the relevant data protection regulations. Details about the protection of personal data can be found in SUTER’s data protection declaration, available at www.suter/.ch/en/data-privacy/. The separate data protection declaration forms an integral part of these GTC.
15. Miscellaneous / place of jurisdiction
SUTER may offset its claims against the customer's counterclaims. The customer is not entitled to offset any counterclaims against claims by SUTER. Unless agreed otherwise in writing, the contractual rights and obligations can neither be transferred nor assigned to third parties.
Swiss law applies exclusively for any disputes between SUTER and the customer, with the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). The place of jurisdiction is Schinznach-Bad, as far as this is compatible. SUTER is also entitled to initiate a claim against the customer at their place of business or residence. Except in cases of intent and gross negligence and in product liability cases (PrHG), SUTER's liability is limited to a maximum of CHF 50,000 per claim.
Suter Inox AG, Schinznach-Bad (Switzerland)
Valid from 02 :ay 2025
Replaces the version from 31 January 2025