1. Validity
1.1 These General Terms and Conditions (“GTC”) apply to all deliveries of goods and material (“products”) and services provided by Perren Haustechnik AG, Zermatt, Switzerland (“Perren Haustechnik”).
With each order, the customer agrees to this. 1.2 Deviating or supplementary provisions, in particular the customer's general terms and conditions of purchase or business, only apply if Perren Haustechnik has expressly agreed to them in writing.
1.3.
Written form is equivalent to all forms of transmission that enable verification by text, such as fax or e-mail. 1.4 Should a provision of these General Terms and Conditions prove to be wholly or partially invalid or void, this provision will 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 With the order, the customer submits an offer to conclude a sales contract.

A contract is only valid when Perren Haustechnik declares 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 is dispatched ("conclusion of contract"). If there is an order confirmation, only this is decisive for the content of the contract if the customer does not object to the relevant information within 5 working days. In other cases, the content is determined according to the invoice, delivery note or shipping confirmation. 3. Prices
3.1 The minimum invoice amount is CHF 50 (excluding VAT).
3.2 The prices for deliveries and services are in Swiss francs from the Perren Haustechnik warehouse or from the 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 (without unloading) at an additional cost.
The surcharge is freely determined by Perren Haustechnik, it amounts to at least CHF 19 and usually a maximum of CHF 300 per delivery. Any additional transport costs for express deliveries, special arrival times, special transports/deliveries will be charged to the customer in addition. Perren Haustechnik is free to choose the means of transport (train/post/truck etc.). 3.4 If costs for freight, transport insurance, duties and other ancillary costs are shown separately in the price, Perren Haustechnik reserves the right to adjust the amounts accordingly after the conclusion of the contract if the delivery or service is to be carried out later than 2 months after the conclusion of the contract.

4. Terms of payment
4.1 Unless the parties agree otherwise, the customer must pay invoices to Perren Haustechnik within 30 days of invoicing without any deductions (“payment date”).
4.2 The customer cannot offset payments with counterclaims (condition of exclusion).
4.3 Payments are also to be made if only insignificant parts of the delivery or service are missing or rework proves to be necessary, which only insignificantly affects use or use.
4.4 The customer is in arrears from the payment date, even without a reminder, and owes Perren Haustechnik default interest of 5% pa We reserve the right to assert higher damages.
4.5 The products remain the property of Perren Haustechnik until the customer has paid all of Perren Haustechnik's claims.

5. Changes to the agreed scope of delivery or service 5.1 Perren Haustechnik is entitled to change or improve the ordered delivery or service and may supply suitable replacement materials, in particular in the event of difficulties in procuring materials, provided this does not result in a price increase or a disproportionate extension of the delivery period.
5.2.

Changes made by the customer are only valid with the express written consent of Perren Haustechnik. All resulting costs are 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 to return.
Returns are only accepted in exceptional cases if this has been expressly agreed in advance and confirmed in writing with the regional sales management of Perren Haustechnik. Only products that are in the Perren Haustechnik range at the time of return can be taken back, provided they are in brand new condition and in the original packaging. After six months from delivery, a return is excluded in any case. Under no circumstances will systems or parts thereof that have already been assembled or custom-made or procured be taken back, provided they are not incorrect deliveries or defective products. 6.2 Returns are always at the customer's expense.

They must be notified to Perren Haustechnik in good time and must be accompanied by the original delivery note. In the case of a validly agreed return, Perren Haustechnik will generally deduct at least 20% of the credit (at least 25% for heating plates), but at least an amount of CHF 50 (test and administrative compensation). There are also additional costs such as delivery costs or the like. 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 recognizes these rights and will not reproduce the plans/documents/software or make them available to third parties in whole or in part or use them for purposes other than those for which they were given to him without the prior written authorization of Perren Haustechnik.

8. Information obligations of the customer
8.1 The customer shall inform Perren Haustechnik in good time about the functional conditions of the product (e.g. plant system) if these deviate from the general recommendations of Perren Haustechnik.
8.2 The customer reports changes of address or changes to the agreed destination immediately to Perren Haustechnik.
8.3 If a construction site designated as the place of delivery is not accessible to trucks at the destination, the customer shall notify the exact place of delivery in good time.

9. Delivery and delivery period
9.1 The delivery day is the day of dispatch at Perren Haustechnik.
Perren Haustechnik will ensure that agreed delivery times (delivery dates or times) are met, but these cannot be guaranteed. The only exceptions to this are delivery periods for which compliance has been expressly agreed in writing. In any case, the delivery period will be appropriately extended without further ado: a) if Perren Haustechnik does not receive information required for the execution of the order in good time; b) if the customer subsequently changes this information and thus causes 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, unrest, war, official measures, interruptions in the energy supply or late or defective deliveries Deliveries by subcontractors or suppliers; d) if the customer is in arrears with the fulfillment of his contractual obligations, in particular if he does not comply with the payment terms or the obligation to obtain documents. 9.2 Failure to meet a delivery deadline does not entitle the customer to withdraw from the contract or to claim damages, subject only to the following provisions: - If none of the reasons according to Section 9.1 a) to d) are present and the customer sets a reasonable deadline in the event of a delay of more than one month Deadline for fulfillment and if the deadline is not met by Perren Haustechnik, the customer is entitled to withdraw within the framework of the statutory provisions.

- The customer can also withdraw from the contract without setting a deadline if the delay in delivery in the case of Section 9.1 c) lasts more than 6 months. 10. Transfer of benefit and risk
10.1 Benefit and risk are transferred to the customer upon handover or dispatch from the Perren Haustechnik works or warehouse.
If the product is not accepted by the agreed date, Perren Haustechnik is entitled to charge the customer for the product and to store it at the customer's expense and risk. 10.2 In the case of truck deliveries to construction sites, transport is only owed as far as the customer's construction site is normally accessible with a Perren Haustechnik truck.
10.3 The unloading of products is the responsibility of the customer.
Transport damage is at the expense of the customer. 10.4 In the case of system parts that are installed by Perren Haustechnik, the benefit and risk are transferred to the customer upon completion of assembly or, if such has been agreed, upon acceptance.
10.5 Crates and crates or the like (with the exception of disposable packaging) remain the property of Perren Haustechnik and must be returned by the customer within a month at his expense and in good condition.
After the return, Perren Haustechnik replaces the depot for the packaging for the customer. Disposable packaging will be charged to the customer at cost price. 10.6 Call-off orders must contain information about the desired delivery date.
Orders on call only serve to simplify logistics, the availability of the products on the call day cannot be guaranteed. 11. Inspection and notification of defects
11.1 The customer must carefully inspect the products immediately after delivery or handover.
11.2 Defects, missing parts or deviations from the order confirmation must be reported in writing by the customer within 5 working days of delivery or handover at the latest, otherwise the delivery is deemed to have been approved.
11.3 In the event of complaints about transport damage or loss by rail, post, truck transport companies, etc., the customer must make a corresponding reservation on the receipt documents and a statement of facts must be arranged for with the carrier without delay. In such cases, Perren Haustechnik accepts no liability. 11.4 The customer must report hidden defects in writing within 5 working days of their discovery at the latest, but in any case within the warranty period (see Section 12.1).
11.5 Defective parts are to be kept until the final clarification of the warranty or claims for damages and made available to Perren Haustechnik on request.
11.6 Upon request, Perren Haustechnik is to be given the opportunity to have the defect or the damage assessed itself or by a third party before the start of the repair of the defect or damage.

12. Warranty and rectification
12.1 The warranty period for products from Perren Haustechnik is 24 months from delivery or acceptance (if the commissioning was carried out by Perren Haustechnik), regardless of whether they are integrated into an immovable work as intended after purchase or not.
12.2 For systems or parts thereof that Perren Haustechnik has neither installed nor commissioned itself, Perren Haustechnik undertakes, upon written request from the customer, to repair or replace all defective products as quickly as possible at the discretion of Perren Haustechnik substitute.
The same applies to products that become defective due to demonstrably inadequate instructions from Perren Haustechnik for installation, operation or maintenance. A right to conversion or reduction is excluded subject to Section 12.3. 12.3 The customer only has a right to withdraw from the contract (rescission) within the framework of the statutory provisions if Perren Haustechnik allows a reasonably long period set for the rectification of a material defect to elapse uselessly.
If there is only an insignificant defect, the buyer is only entitled to a price reduction in such a case. 12.4 If technically possible, the repair will be carried out at the destination. 12.5 The customer bears the costs of removal and installation as well as the transport costs in connection with the replacement of the defective product as well as the travel costs of the fitters from Perren Haustechnik in the event of a repair at the destination.
12.6 The warranty period for replaced parts is again 24 months, the warranty period for used parts is 12 months, in each case from delivery of these parts.
12.7 Replaced parts shall in turn become the property of Perren Haustechnik at your request.
12.8 If products that Perren Haustechnik has neither installed nor commissioned itself are part of a system, Perren Haustechnik does not assume any functional guarantee for the entire system of this system.
12.9 Perren Haustechnik also assumes the following obligations for systems or parts thereof that have been put into operation by Perren Haustechnik: a) for a period of 12 months from acceptance, the guarantee for the perfect functioning of the components supplied by it within the framework of the overall system (« functional guarantee»);
b) the costs of removal and installation as well as the transport costs in connection with the exchange of the defective product as well as the travel costs of the fitters from Perren Haustechnik in the event of a repair at the destination. 12.10 The following are excluded from the warranty (as well as in the case of a contractually agreed guarantee): – Wearing parts such as oil burner nozzles, seals, nozzles, filters, electrical parts, refrigerants and fireclays etc. (see the list at www.gebaeudeklima-schweiz.ch);
– steel radiators, if they were emptied periodically or for a longer period of time / steel bodies in which steam or waste water was used as the heating medium / steel bodies in which chemical substances of any kind were mixed with the heating water); – Brass parts (e.g. screw connections) that are installed in an aggressive environment without suitable protection or come into contact with aggressive materials (e.g. concrete and chemical additives); – Enamelled goods, provided that the complaint only relates to minor, visual 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 that can be traced back to such information or materials.
12.12 Only in urgent cases of endangering operational safety or to prevent disproportionately large damage (whereby Perren Haustechnik must be informed immediately) does the customer have the right to have the defect remedied himself or by a third party and to have Perren Haustechnik provide compensation for the costs required for this to demand expenses.

13. Limitation of Liability
13.1 Perren Haustechnik is not liable for slight or moderate negligence, either in the case of deliveries or services.
In no event shall there be any claims for compensation for - damage that can be traced back to the connection and interventions in the control by remote control and optimization systems other than those equipped by Perren Haustechnik, as well as other interventions by the customer on the product (without the prior express consent of Perren Haustechnik ); – Damage caused by improper assembly, commissioning, maintenance or incorrect operation by the customer or third parties or by overloading, limescale deposits, falling below the dew point and corrosion (in particular if water treatment systems, decalcifiers or similar have been connected or aggressive antifreeze has been added to the heating water ) or in the case of unsuitable equipment, defective construction work, unsuitable building ground as well as chemical, electrochemical or electrical influences, provided that Perren Haustechnik is not responsible for them; – Damage caused during shipping and unloading; – elemental damage; - Damage that did not occur on the product itself, such as property damage, damage from production downtime, loss of use, loss of orders, lost profit, sooting, chimney fouling, water, fire and environmental damage that does not directly affect the product, and - all other indirect damage or direct damage. 13.2 This limitation of liability also applies insofar as Perren Haustechnik is liable for the behavior of its vicarious agents or assistants.
It does not apply if and to the extent that it conflicts with mandatory law (e.g. for claims due to personal injury or damage to mainly privately used items under the Product Liability Act). 13.3 The customer is responsible for providing adequate insurance coverage.

14. Additional provisions in connection with remote monitoring For heat pumps which, according to the type list on www.meiertobler.
com/smart-guard are equipped with a remote monitoring system, the following also applies: 14.1 Perren Haustechnik sees the technical data and settings of the heat pumps, changes them if there is potential for improvement and intervenes in the control.
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 can (without being obliged to do so) detect and rectify faults at an early stage by means of remote monitoring.
Irrespective of this, during the warranty period the customer is obliged to report faults 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 changes or influence on the system control lead to the expiry of all claims against Perren Haustechnik. 14.4 All devices and tools that are installed for the purpose of remote monitoring are the property of Perren Haustechnik.

If no service contract is concluded with Perren Haustechnik after the warranty period has expired, Perren Haustechnik can dismantle and remove these devices and aids. 15. Applicable law, place of jurisdiction
15.1 Swiss substantive law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) and the conflict of laws provisions of the Federal Act on International Private Law.
15.2 The exclusive place of jurisdiction is Brig (Canton of Valais), Switzerland.

Perren Haustechnik is entitled to appeal to any other competent court. Valid from July 1, 2020