TERMS & CONDITIONS
General Terms and Conditions (GTC) of Suspension Center GmbH (hereinafter SC) regarding repair and service work and thus for work carried out by SC or its employees on bicycles of any kind, assemblies, their parts, as well as regarding the preparation of cost estimates.
1. VALIDITY OF THE GTC
These GTC govern the contractual relationship between SC and the customer within the framework of workshop visits and service orders recorded via the service portal https://service.scenter.ch, and thus in particular the legal relationship with regard to repair and service work carried out in the aforementioned operation. The GTC are applicable without reservation and take precedence over any other terms and conditions. Agreements that modify or supplement the following provisions require SC's written consent to be valid. The version of the GTC in force at the time of conclusion of the contract shall apply.
2. PLACING ORDERS
The customer must describe the defects to be repaired or the services to be provided on the bicycle, assemblies, or their parts as precisely as possible to the responsible SC and agree on the desired completion date. The services to be provided and the agreed date will be recorded in the portal. If, in the course of performing service or repair work, it becomes apparent that additional work or services are required by SC that were not expected during the workshop's acceptance of the bicycle or component or were not declared by the customer and exceed 10% of the total order cost, SC will obtain the customer's consent by telephone for this work in advance.
The customer must then ensure that SC has a telephone number where the customer can be reached during normal business hours. If SC cannot reach the customer even after three attempts (with time intervals of at least 15 minutes), SC will only perform this work if it is necessary for the safety of the bicycle or component. If the additional work does not exceed 10% of the total order cost, SC may assume the customer's consent and does not need to obtain their prior approval. SC is authorized to subcontract to third-party companies.
3. COST ESTIMATE
SC notes in the workshop order the prices and rates plus VAT that are likely to apply when carrying out the commissioned work. If the customer wishes to have a binding price quotation, a written cost estimate is required; in this, the work and spare parts are listed and provided with their respective prices. SC is bound to this cost estimate for ten days after delivery and may not exceed it by more than 10% without the customer's prior consent.
4. DELIVERY AND ACCEPTANCE OF THE BICYCLE AND/OR ITS COMPONENTS
If the customer wishes their bicycle and/or its components to be collected or delivered, this shall be at their own expense and risk. The acceptance of the bicycle and/or its components by the customer takes place through return shipment to the customer unless otherwise agreed. Benefits and risks concerning the bicycle and/or its components pass to the customer upon handover to the supplier.
5. CALCULATION OF THE ORDER
The invoice to the customer shows prices or price factors separately for each technically complete work performance as well as for spare parts and materials used. If the order is executed based on a cost estimate, a reference to the cost estimate is sufficient, with only additional work listed separately. Any correction of the invoice must be requested by the customer by email (info@suspensioncenter.ch) no later than two weeks after receipt of the invoice, otherwise SC may assume its correctness.
6. PAYMENT
Payment must generally be made net within 30 days after invoicing. In principle, all amounts can be paid by invoice. In special cases, SC reserves the right to execute orders only by cash on delivery or advance payment. In case of late payment, SC is entitled to charge a reminder fee of CHF 10 per reminder and default interest. If the outstanding amount must be collected through legal channels, SC is entitled to charge a processing fee of CHF 150 in addition to the official fees.
7. MATERIAL DEFECTS/WARRANTY
The customer must inspect the bicycle and/or its components immediately after acceptance for any defects. Claims for material defects must be made in writing to SC within 10 working days after delivery. For hidden defects, within 10 working days after the first occurrence of the defect in question. If the customer fails to give notice within the time limit, SC's work shall be deemed approved, and all rights to claim defects shall be forfeited. The customer bears the full burden of proof for all claim requirements, in particular for the material defect itself, for the time of detection of the defect, and for the timeliness of the notice of defect.
If the customer accepts the object of the order despite knowledge of a defect, they shall only be entitled to claims for material defects if they expressly reserve these rights upon acceptance. Customer claims for material defects expire two years after delivery of the bicycle and/or its components. If there is a timely reported material defect that is attributable to SC's work or services, SC has the right to rectify. If rectification fails three times, the customer may withdraw from the contract. If the customer has any rectification work carried out by a third party, the warranty claim shall lapse completely; SC is accordingly not obliged to reimburse rectification work by a third party. If the customer chooses to withdraw from the contract after failed subsequent performance, they shall not be entitled to any additional claim for damages due to the defect. Replaced parts become the property of SC.
8. LIABILITY
SC assumes no liability (neither contractual nor non-contractual) except in cases of intent or gross negligence; liability for slight and medium negligence is thus excluded - to the extent legally permissible. This also excludes the personal liability of legal representatives, agents, and employees of SC for damages caused by them through slight or medium negligence. The burden of proof for intent or gross negligence of SC or its legal representatives, agents, and employees, etc. lies with the customer.
Regardless of SC's fault, any liability of SC remains unaffected in case of fraudulent concealment of the defect, from the assumption of a guarantee or according to the Product Liability Act and in case of personal injury. If the customer provides SC with spare parts or consumables with the request to use them in the context of service or repair work, their use shall be at the customer's risk, and SC shall therefore not be liable for defects in these spare parts or consumables or for damage caused by these spare parts/consumables - to the extent legally permissible, the respective liability and warranty are excluded.
9. DATA PROTECTION
The provisions on data protection apply. Available under Privacy Policy
10. FINAL PROVISIONS
Swiss law applies to these GTC, namely the provisions of the OR. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of jurisdiction is Belp.
Last updated: 10.12.2024