1. Scope of Application
1.1 These General Terms and Conditions ("GTC") apply to all deliveries of goods and materials ("Products") and services of Perren Haustechnik AG, Zermatt, Switzerland ("Perren Haustechnik"). The customer agrees to these GTC with each order.
1.2 Deviating or supplementary provisions, in particular the customer's general terms and conditions of purchase or business, shall only apply if Perren Haustechnik has expressly agreed to them in writing.
1.3 All forms of transmission that allow for proof by text, such as fax or email, are equivalent to written form.
1.4 Should any provision of these GTC prove to be wholly or partially invalid or unenforceable, this provision shall be replaced by a new provision that comes as close as possible to its legal content and economic purpose.

2. Order and Order Confirmation
2.1 By placing an order, the customer submits an offer to conclude a purchase agreement. A contract is only validly concluded when Perren Haustechnik declares its acceptance of the contract. This acceptance of the contract is declared when the customer receives an order confirmation, is invoiced, or at the latest when the product is made available for collection or dispatched ("conclusion of contract"). If an order confirmation is issued, this confirmation alone is authoritative for the content of the contract, unless the customer objects to the relevant information within 5 business days. In all other cases, the content is determined by the invoice, delivery note, or shipping confirmation.

3. Prices
3.1 The minimum invoice amount is CHF 50 (excluding VAT).
3.2 Prices for deliveries and services are quoted in Swiss francs ex works Perren Haustechnik or ex manufacturer. Packaging, VAT, and insurance are not included in the prices.
3.3 At the customer's request, Perren Haustechnik will deliver products to a destination in Switzerland (excluding unloading) for an additional charge. The surcharge is determined at Perren Haustechnik's discretion and is at least CHF 19 and generally no more than CHF 300 per delivery. Any additional transport costs incurred for express deliveries, specific arrival times, or special transport/deliveries will be charged to the customer separately. Perren Haustechnik is free to choose the means of transport (rail/post/truck, etc.).
3.4 If costs for freight, transport insurance, duties, and other incidental expenses are itemized separately in the price, Perren Haustechnik reserves the right to adjust these amounts accordingly after the conclusion of the contract if the delivery or service is to take place more than two months after the contract date.

4. Terms of Payment
4.1 Unless the parties agree otherwise, invoices are payable by the customer to Perren Haustechnik within 30 days of the invoice date without any deductions ("payment due date").
4.2 The customer may not offset payments against counterclaims (exclusion clause).
4.3 Payments are also due if only minor parts of the delivery or service are missing or if rework proves necessary that only insignificantly impairs the use or application.
4.4 The customer is in default from the payment due date, even without a reminder, and owes Perren Haustechnik default interest of 5% per annum. Perren Haustechnik reserves the right to claim further damages.
4.5 The products remain the property of Perren Haustechnik until the customer has paid all outstanding amounts owed to Perren Haustechnik.

5. Changes to the Agreed Scope of Delivery or Services 5.1 Perren Haustechnik is entitled to make changes or improvements to the ordered delivery or service and may, in particular, supply suitable substitute materials in the event of difficulties in procuring materials, provided this does not lead to a price increase or a disproportionate extension of the delivery period.
5.2 Changes by the customer are only valid with the express written consent of Perren Haustechnik. All resulting costs shall be borne by the customer. Perren Haustechnik AG Sunneggastrasse 5, 3920 Zermatt info@perrenhaustechnik.ch, perrenhaustechnik.ch

6. Returns
6.1 The customer has no right of return. Returns are only accepted in exceptional cases, provided this has been agreed upon in advance and expressly confirmed in writing with the regional sales management of Perren Haustechnik. Only products that are part of Perren Haustechnik's product range at the time of return can be accepted, and these must be in brand-new condition and in their original packaging. Returns are excluded in any case after six months from the date of delivery. Under no circumstances will already installed or custom-made or procured systems or parts thereof be accepted for return, unless they are incorrect deliveries or defective products.
6.2 Returns are always at the customer's expense. They must be announced to Perren Haustechnik in a timely manner and must include the original delivery note. In the case of a validly agreed return, Perren Haustechnik will generally deduct at least 20% of the credit note (at least 25% for heating panels), but at least CHF 50 (inspection and handling fee). Additional costs such as delivery charges, etc., will also apply.

7. Technical Data
7.1 Perren Haustechnik has the exclusive right to plans, technical documents, or software that it makes available to the customer.
7.2 The customer acknowledges these rights and will not reproduce the plans/documents/software, make them available to third parties in whole or in part, or use them for any purpose other than that for which they were provided, without the prior written authorization of Perren Haustechnik.

8. Customer's Duty to Inform
8.1 The customer shall inform Perren Haustechnik in a timely manner about the functional conditions of the product (e.g., system), insofar as these deviate from the general recommendations of Perren Haustechnik.
8.2 The customer shall notify Perren Haustechnik immediately of any changes of address or changes to the agreed delivery location. 8.3
If a construction site designated as the delivery location is not accessible by truck at the destination, the customer shall provide the exact delivery location in a timely manner.

9. Delivery and Delivery Period
9.1 The delivery date is the date of dispatch from Perren Haustechnik. Perren Haustechnik strives to meet agreed delivery deadlines (delivery dates or times), however, these cannot be guaranteed. The only exceptions are delivery deadlines for which adherence has been expressly agreed in writing. The delivery deadline will be extended appropriately in any case: a) if Perren Haustechnik does not receive information required for order processing in a timely manner; b) if the customer subsequently modifies this information, thereby causing a delay in delivery; c) if Perren Haustechnik is prevented from delivering due to force majeure or other events beyond its control, such as natural disasters, sabotage, fire, labor disputes, riots, war, government actions, power outages, or delayed or defective deliveries from subcontractors or suppliers; d) if the customer is in default of fulfilling their contractual obligations, in particular if they fail to comply with the payment terms or the obligation to provide documents.
9.2 Failure to meet a delivery deadline does not entitle the customer to withdraw from the contract or claim damages, subject to the following provisions: – If none of the reasons according to clause 9.1 a) to d) apply and the customer sets a reasonable deadline for performance in the event of a delay of more than one month, and Perren Haustechnik fails to meet this deadline, the customer is entitled to withdraw from the contract in accordance with statutory regulations. – The customer may also withdraw from the contract without setting a deadline if the delivery delay in the case of clause 9.1 c) lasts more than 6 months.

10. Transfer of Benefit and Risk
10.1 Benefit and risk pass to the customer upon handover or dispatch from the Perren Haustechnik factory or warehouse. If the product is not accepted on the agreed date, Perren Haustechnik is entitled to invoice the customer for the product and to store it at the customer's expense and risk.
10.2 For truck deliveries to construction sites, transport is only owed to the extent that the customer's construction site is normally accessible by a Perren Haustechnik truck.
10.3 Unloading products is the responsibility of the customer. The customer is liable for any transport damage.
10.4 For system components installed by Perren Haustechnik, the benefits and risks transfer to the customer upon completion of installation or, if agreed upon, upon acceptance.
10.5 Crates, boxes, or similar items (with the exception of disposable packaging) remain the property of Perren Haustechnik and must be returned by the customer within one month at their own expense and in good condition. Upon return, Perren Haustechnik will reimburse the customer for the packaging deposit. Disposable packaging will be charged to the customer at cost.
10.6 Call-off orders must include details of the desired delivery date. Call-off orders serve only to simplify logistics; product availability on the call-off date cannot be guaranteed.
11. Inspection and Notification of Defects
11.1 The customer must carefully inspect the products immediately upon delivery or handover.
11.2 Defects, missing parts, or deviations from the order confirmation must be reported in writing by the customer within 5 business days of delivery or handover; otherwise, the delivery is considered approved. 11.3 In the case of claims due to transport damage or loss by rail, postal service, trucking companies, etc., the customer must note a corresponding reservation on the delivery documents and immediately arrange for a report to be filed with the carrier. In such cases, Perren Haustechnik accepts no liability.
11.4 The customer must report hidden defects in writing within 5 business days of their discovery, but in any case within the warranty period (see section 12.1).
11.5 Defective parts must be stored until the warranty or damage claims have been definitively resolved and made available to Perren Haustechnik upon request.
11.6 Upon request, Perren Haustechnik must be given the opportunity to inspect the defect or damage, either itself or through a third party, before commencing any repairs or remediation work.

12. Warranty and Remedying Defects
12.1 The warranty period for products from Perren Haustechnik is 24 months from delivery or acceptance (provided commissioning was carried out by Perren Haustechnik), regardless of whether the products are integrated into a permanent structure as intended after purchase.
12.2 For systems or parts thereof that Perren Haustechnik neither installed nor commissioned, Perren Haustechnik undertakes, upon written request from the customer, to repair or replace, at Perren Haustechnik's discretion, all products defective upon delivery as quickly as possible and free of charge. The same applies to products that become defective due to demonstrably inadequate instructions from Perren Haustechnik for installation, operation, or maintenance. The right to rescission or price reduction is excluded, subject to clause 12.3.
12.3 The customer has the right to withdraw from the contract (rescission) only if Perren Haustechnik allows a reasonable period of time set for it to remedy a defect to expire without remedy. If the defect is only minor, the buyer is only entitled to a price reduction in such a case. 12.4 If technically feasible, the repair will be carried out at the customer's location.
12.5 The customer shall bear the costs of removal and installation, as well as the transport costs associated with replacing the defective product, and the travel expenses of Perren Haustechnik's technicians in the event of repairs being carried out at the customer's location. 12.6
The warranty period for replaced parts is 24 months, and the warranty period for used parts is 12 months, in each case from the date of delivery of these parts.
12.7 Replaced parts become the property of Perren Haustechnik upon request.
12.8 If products that Perren Haustechnik has neither installed nor commissioned are part of a system, Perren Haustechnik assumes no functional warranty for the overall system of that system.
12.9 For systems or parts thereof that have been commissioned by Perren Haustechnik, Perren Haustechnik additionally assumes the following obligations: a) for a period of 12 months from acceptance, the warranty for the proper functioning of the components it supplied within the overall system ("functional warranty"); b) the costs of removal and installation as well as the transport costs in connection with the replacement of the defective product, and the travel expenses of Perren Haustechnik's technicians in the event of on-site repairs.
12.10 The following are specifically excluded from the warranty (as well as in the case of a contractually agreed guarantee): – Wear parts such as oil burner nozzles, seals, nozzles, filters, electrical parts, refrigerants, and fireclay linings, etc. (see the list at www.gebaeudeklima-schweiz.ch); – Steel radiators, if they have been periodically or for extended periods emptied; steel radiators in which steam or wastewater has been used as the heating medium; steel radiators in which chemical substances of any kind have been added to the heating water; – Brass parts (e.g., screw fittings) that are installed without suitable protection in an aggressive environment or come into contact with aggressive materials (e.g., concrete and chemical additives); – Enameled goods, provided the complaint relates only to minor, cosmetic defects;
12.11 Insofar as the product was manufactured according to information, drawings, specifications, or with material provided by the customer, Perren Haustechnik assumes no warranty or liability for defects attributable to such information or materials.
12.12 The customer has the right, exclusively in urgent cases where operational safety is at risk or to prevent disproportionately large damages (in which case Perren Haustechnik must be notified immediately), to have the defect remedied by themselves or by a third party and to demand reimbursement of the necessary expenses from Perren Haustechnik.

13. Limitation of Liability
13.1 Perren Haustechnik shall not be liable for slight or ordinary negligence in either deliveries or services. Under no circumstances shall claims exist for compensation for: – damage resulting from the connection to or modification of the control system by remote control and optimization systems other than those equipped by Perren Haustechnik, as well as from any other modifications to the product by the customer (without the prior express consent of Perren Haustechnik); – damage caused by improper installation, commissioning, maintenance, or incorrect operation by the customer or third parties, or by overloading, limescale deposits, dew point drops, and corrosion (especially if water treatment systems, descalers, or similar devices are connected, or aggressive antifreeze is added to the heating water), or by unsuitable operating materials, defective construction work, unsuitable building ground, or by chemical, electrochemical, or electrical influences, provided that these are not the responsibility of Perren Haustechnik; – damage occurring during shipping and unloading; – damage caused by natural disasters; – Damages not caused to the product itself, such as property damage, damages resulting from production downtime, loss of use, loss of orders, lost profits, soot damage, chimney sooting, water, fire, and environmental damage not directly related to the product, as well as – all other indirect or direct damages.
13.2 This limitation of liability also applies to the extent that Perren Haustechnik is liable for the conduct of its vicarious agents or assistants. It does not apply, however, if and to the extent that it conflicts with mandatory law (e.g., for claims based on personal injury or damage to property primarily used for private purposes under the Product Liability Act).
13.3 The customer is responsible for obtaining adequate insurance coverage.

14. Additional provisions in connection with remote monitoring For heat pumps equipped with a remote monitoring system according to the type list at www.meiertobler.com/smart-guard, the following also applies:
14.1 Perren Haustechnik views the technical data and settings of the heat pumps, modifies them if there is potential for improvement, and intervenes in the control system. All changes to the heat pump settings are logged and archived for at least 24 months. The remote monitoring system (including devices and tools) is provided free of charge during the warranty period.
14.2 Perren Haustechnik may (but is not obligated to) use remote monitoring to detect and resolve malfunctions at an early stage. During the warranty period, the customer is obligated to report malfunctions and defects immediately.
14.3 The heat pump may only be operated in accordance with the installation and operating instructions and may not be connected to other remote control or optimization systems. Any modifications to or interference with the system control will void all claims against Perren Haustechnik.
14.4 All devices and tools installed for remote monitoring purposes remain the property of Perren Haustechnik. If no service contract is concluded with Perren Haustechnik after the warranty period expires, Perren Haustechnik may remove and dismantle these devices and tools.

15. Applicable Law, Jurisdiction
15.1 Swiss substantive law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) and the conflict-of-laws rules of the Federal Act on Private International Law.
15.2 The exclusive place of jurisdiction is Brig (Canton of Valais), Switzerland. Perren Haustechnik is also entitled to bring an action before any other competent court.

Valid from July 1, 2020