Terms and conditions of sale

I. The seller's general terms and conditions apply exclusively. Deviating, contradictory or supplementary general terms and conditions of the buyer shall only form part of the contract if and insofar as the seller has expressly accepted their validity. This consent requirement applies in all cases, for example even if the seller makes delivery to the buyer without reservation despite being aware of the buyer's general terms and conditions.

II. Individual agreements made with the purchaser in individual cases (including supplementary agreements, additions and amendments) always take precedence over these General Terms and Conditions. In the absence of proof to the contrary, a written contract or written confirmation from the seller is decisive for the content of these agreements.

III. These general conditions also apply to contractors with regard to
future similar legal transactions concerning the purchase or planning of play and sports equipment and other services.

Supply of goods and other services
The seller offers play and sports equipment and other services as specific, standardised products for the customer.
Conclusion of the contract

1. The following provisions apply to contracts for the purchase of customer-specific and standardised products:

2. The seller's offers are a non-binding invitation to the customer to make an offer to purchase the goods. The customer offers to purchase goods from the seller. By placing the order, the buyer declares in a binding manner that he/she wishes to purchase the goods and/or other services.
ordered. Once the order has been received, unilateral modifications, additions or cancellations of the order are no longer possible. The consumer's right of withdrawal in accordance with the provisions of Section S. remains unaffected. The purchase contract is concluded when the seller's order confirmation is received by the buyer. If a contractual offer is not accepted
by the seller within 20 working days by means of written confirmation, it shall be deemed to have been rejected and the customer shall no longer be bound by it.

E. Price/Payment

I. All prices indicated in the seller's offers are net prices in euros (€) and do not include
applicable taxes and duties. Shipping and transport costs are indicated separately in the quotation. Unloading and delivery of the goods to their destination must be agreed separately when the order is placed.

II. Unless otherwise agreed, the purchase price is due on delivery. The seller reserves the right to demand advance payment in individual cases. If advance payments have been agreed, they must be made by the customer without deduction no later than one week after confirmation of the order, failing which delivery or handover will be postponed to a later date to be determined by the seller on the basis of actual receipt of payment. Furthermore, the seller's invoices are payable net within 14 days without any deductions. The buyer is in default without further explanation from the seller 14 days after delivery and receipt of the invoice if he has not paid. In the event of defects, the buyer is not entitled to any right of retention, unless the retention is reasonably proportionate to the defects and the expected repair costs (in particular the elimination of defects). A right to a discount exists only if a discount has been expressly agreed and if the invoice amount is received in full on time and the customer is not in arrears with any other claims.

III. The statutory provisions apply to the amount and accrual of default interest. The right
The right to claim higher damages due to delay remains reserved, as does the right to claim additional damages.

IV. If, after the conclusion of the contract, circumstances arise in the economic situation of the purchaser or only subsequently become known to the seller which, on the basis of good commercial judgement, call into question the solvency of the purchaser, the seller is entitled to suspend delivery of the goods until the goods have been delivered have been paid for in full in advance or a guarantee for an appropriate amount has been provided to the seller for the payment claim.

V. The purchaser is only entitled to rights of set-off or retention to the extent that his claim is legally established or undisputed. In the event of defects in delivery, the purchaser's claims remain unaffected.

F. Delivery/collection of goods

I. The delivery period is agreed individually or specified by the seller when the order is accepted. If this is not the case, the delivery period is approximately 20 weeks from the conclusion of the contract if the purchase price is paid on time.

II. If the seller is unable to meet the binding delivery dates for reasons for which it is not responsible (unavailability of the service), the purchaser will be informed immediately and at the same time informed of the new delivery date. If the service is not available within the new delivery period, the seller will
is entitled to cancel the contract in whole or in part; any consideration already provided by the purchaser will be reimbursed immediately. A case of unavailability of service in this sense applies in particular in the event of non-delivery on time by the seller's supplier if the seller has entered into a congruent hedging transaction, neither the seller nor his supplier are at fault or if we are not obliged to procure in the individual case.

III. This does not affect the Buyer's rights in accordance with section G. of these General Terms and Conditions or the Seller's statutory rights, in particular in the event of exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of the performance and/or additional performance).

IV. The following applies to sales to contractors: The seller's delivery terms generally apply ex works.

G. Guarantee

I. The rights of the purchaser in the event of material and legal defects (including incorrect and incomplete delivery as well as inappropriate assembly or inadequate assembly instructions) apply in accordance with the statutory regulations, unless otherwise stated below. In all cases, the specific legal provisions remain unaffected by the final delivery of the goods to the consumer.

II. The basis of the seller's liability for defects is primarily the agreement reached on the quality of the goods. All product descriptions which are the subject of the individual contract or which are communicated by the seller are considered to be an agreement on the quality of the goods. Minor deviations which do not significantly affect the quality and function of the products, e.g. due to safety reasons or technical requirements, do not constitute defects.

III. If the quality has not been agreed, an assessment must be made in accordance with the legal provisions as to whether or not there is a defect.

IV. When selling to contractors: Claims for defects by the buyer, who is a contractor, require that he has complied with his legal obligations to inspect and report defects. If a defect appears at the time of delivery, inspection or at any time thereafter, the seller must be informed immediately in writing.

Damage caused by packaging to the goods delivered must be reported to the carrier immediately after delivery. In all cases, obvious defects must be reported in writing immediately after delivery and upon inspection; unrecognisable defects must be reported in writing within the same period of time from their discovery, but no later than 7 days after delivery. If the purchaser fails to inspect properly and/or report defects, the seller's liability for the defect not reported or not reported in time or in an inappropriate manner is excluded in accordance with the statutory provisions.

V. If the item delivered is defective, the seller has the right to choose from the buyer, who is an entrepreneur, whether to provide additional performance by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). The seller's right to refuse subsequent performance within the scope of statutory requirements remains unaffected.

The customer, who is a consumer, has the right to choose the type of additional service required in accordance with the legal provisions.

VI. The seller is entitled to make subsequent performance conditional on payment by the buyer of the purchase price due. However, the purchaser is entitled to retain part of the purchase price corresponding to the defect.

VII. Even in the case of defects, the purchaser's claims for damages or reimbursement of unnecessary expenditure shall only exist in accordance with Article J.

H. Delay in acceptance, transfer of risk, extension of delivery deadlines

I. In the case of sales to contractors, the following applies: If the goods are sent to a customer, the risk of accidental loss and accidental deterioration of the goods is transferred to that customer when the goods leave the seller's premises. This also applies if the seller undertakes or orders transport or shipment.

II. The customer is obliged to accept the goods purchased from the seller. The legal right to refuse performance remains unaffected. If the customer fails to fulfil his obligation to accept, he shall be liable for such failure.
to reimburse the seller for any additional expenses incurred (including the working time of the seller's employees, travel, storage and material costs) and to release the seller from legitimate claims by third parties.

III. Partial deliveries and partial services by the seller are permitted.

IV. In the case of sales to contractors, the following provisions apply: It is generally not possible to postpone the delivery date at the customer's request. If the seller grants the customer a postponement as a sign of
goodwill, the seller shall bear the following additional costs, which shall be borne by the buyer:

• 1% of the order value also as a one-off flat-rate processing fee
• 2% of the order value per calendar week for expenses.

The customer has the right to prove that no damage or only minor damage has occurred.
The seller reserves the right to invoice additional costs, such as assembly and travel time, upon presentation of proof.

V. Subsequent requests for changes by the customer up to 10 working days after the date of confirmation of the order are only binding on the seller if they have been expressly accepted by the seller in writing. The customer shall bear the costs incurred by the change. These generally amount to at least 1 % of the gross order value. If the customer subsequently requests changes, the seller is exempt from
meet the delivery date or deadline initially agreed.

VI. Any delay caused by the purchaser will nevertheless entail an obligation to pay within the payment deadlines agreed in the order confirmation or when the seller is ready to deliver.

I. Retention of title

I. The seller reserves ownership of the goods sold until all current and future claims of the seller arising from the purchase contract and from an ongoing business relationship (secured claims) have been paid in full.

II. Goods subject to retention of title may not be pledged to third parties or transferred.
by way of security until the secured claims have been paid in full. The buyer must inform the seller immediately in writing if an application for the opening of insolvency proceedings has been filed or if third parties gain access (e.g. by seizure) to the goods belonging to the seller.

III. If the purchaser acts in breach of the contract, in particular if the purchase price due is not paid, the seller is entitled to terminate the contract in accordance with the statutory provisions and/or to demand the return of the purchase price.
goods on the basis of retention of title. title. The request for release does not also include a declaration of withdrawal; rather, the seller is entitled simply to demand the return of the goods and reserves the right of withdrawal. If the purchaser fails to pay the purchase price due, the seller may only assert these rights if he has previously set the purchaser a reasonable deadline for payment without success or if such a deadline is not required by law.

IV. Until revocation, the purchaser is entitled to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions also apply.

V. The retention of title extends to products created by processing, mixing or combining the seller's goods at their full value, with the seller being deemed to be the manufacturer. If third-party goods remain subject to ownership rights when they are processed, mixed or combined with goods, the seller acquires co-ownership in proportion to the invoiced value of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.

VI. The buyer hereby assigns to the seller, as security, the claims against third parties arising from the resale of the goods or product in full or in the amount of the seller's share of co-ownership, if any, in accordance with the preceding paragraph. The seller accepts the assignment. The buyer's declared obligations also apply to the assigned claims.

VII. The buyer remains authorised to collect the debt alongside the seller. The seller undertakes not to collect the debt as long as the buyer fulfils his payment obligations towards the seller, there is no default
and that the seller is not violating the retention of title by exercising a right under the contract.

III. However, if this is the case, the seller may require the buyer to inform him of the assigned claims and their debtors, to provide all information necessary for collection, to hand over the associated documents and to inform the debtors (third parties) of the assignment. In this case, they also have the right to revoke the buyer's right to continue selling and processing the goods subject to retention of title.

VIII. If the realisable value of the collateral exceeds the seller's claims by more than 10 %, the seller shall, at the buyer's request, release the collateral at the seller's option.

J. Limitation of liability

I. Unless otherwise specified in these General Terms and Conditions, which include the following provisions, the seller is liable for breach of contractual and non-contractual obligations in accordance with legal provisions.

II. The seller is liable for damages irrespective of the legal basis in the case of intent and gross negligence. In the case of simple negligence, the seller is only liable according to a more lenient level of liability in accordance with the statutory provisions (e.g. for the care of his own affairs).

1. for damage resulting from injury to life, limb or health,

2. for loss or damage resulting from a significant breach of an essential contractual obligation (an obligation the performance of which primarily enables the proper performance of the contract and on the observance of which the contractual partner is liable).
In this case, however, the seller's liability is limited to compensation for foreseeable and typical damage.

III. The limitations of liability resulting from paragraph 2 shall also apply in the event of breaches of obligations by or on behalf of persons for whose fault the seller is responsible in accordance with
legal provisions. They do not apply if the seller fraudulently claims a defect.
has concealed or assumed a guarantee for the quality of the goods and for the purchaser's claims under the Product Liability Act.

IV. In the event of a breach of an obligation which does not consist of a defect, the purchaser may not cancel
or rescind the contract only if the seller is responsible for the breach of an obligation. The buyer's free right of withdrawal (in particular in accordance with the Swiss Civil Code) is excluded. Otherwise, the statutory requirements and legal consequences apply.

K. Limitation period

The following applies to contractors:

I. The general limitation period for claims based on material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance, otherwise with the transfer of risk.

II. However, if the goods are a building or an object which has been used for a building in accordance with its normal use and which has caused its defects (building material), the limitation period is 5 years from delivery in accordance with the statutory provisions. The other specific statutory provisions concerning the limitation period remain unchanged.

III. The aforementioned limitation periods under purchasing law also apply to contractual and non-contractual claims for damages by the purchaser based on a defect in the goods, unless the application of the usual statutory limitation period leads to a shorter limitation period in individual cases. However, the buyer's claims for damages expire exclusively in accordance with the statutory limitation periods.

L. Scope of the Seller's Products

The products are designed for use within the European Union. The seller therefore accepts no responsibility for the compliance of the seller's products with the legal regulations or standards of countries outside the EU. This applies in particular to imports into the United States and Canada.

M. Choice of law

I. The law of the Swiss Confederation shall apply to these General Terms and Conditions and to the contractual relationship between the seller and the buyer, to the exclusion of uniform international law, in particular the United Nations Convention on Contracts for the International Sale of Goods.

II. The choice of law shall apply to consumers only in so far as it does not deprive them of the protection afforded by the mandatory provisions of the country in which the consumer has his habitual residence.

N. Jurisdiction agreement

I. If the contractual partner is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the seller in CH-2000 Neuchâtel (Switzerland) for all claims arising from or based on this contract. This also applies to persons who do not have a general place of jurisdiction in Switzerland or to persons who have moved their domicile or habitual place of residence outside Switzerland after the conclusion of the contract or whose domicile or habitual place of residence is unknown at the time the action is brought.

II. This does not apply if the customer is a consumer and has his permanent residence in a Member State of the European Union. In this case, the action must be brought before the competent court of the Member State in which the consumer is resident.
of residence.

O. Reservation of rights

The seller reserves ownership and copyright of illustrations, drawings, calculations and other documents. This also applies to written documents designated as "confidential". Before passing them on to third parties, the buyer requires the seller's express written consent.

P. Infringement of intellectual property rights

The customer indemnifies the seller against claims due to infringements of intellectual property rights (e.g. copyrights, trademark rights, design rights, patents, utility models, additional protection under competition law, etc.) if the infringements of intellectual property rights are based on the customer's specifications or requirements.

R. Documentation

The seller and/or the photographer commissioned by him shall be entitled, once within three months of receipt of the work, to enter the property on which the work has been erected or, if the work has been erected inside a building located on the property, to enter the building in order to take photographs of the work and photographs orUse modifications of the photographs for publicity purposes. The seller must inform the buyer of his intention in good time before the visit. The customer may object to entry if there are legitimate interests against it.

S. Playground equipment warranty

In addition to the warranty described in section G., the seller grants a manufacturer's warranty on the play equipment under the following conditions. Your warranty rights exist independently of the seller's manufacturer's warranty.

T. Guarantee promise for leisure and sports equipment

I. The warranty periods mentioned below refer to recreational and sports equipment sold by the seller and used in the temperate climate zone. The temperate climate zone lies between the respective tropics
at 23° 27′ north and south latitude and the Arctic Circle at 66.5° N/S. Switzerland is in the temperate climate zone. For play equipment used in subtropical or tropical climatic zones, please note the shortened warranty period mentioned below.

• 15-year guarantee on the rust resistance of stainless steel components*.
• 10-year guarantee on the stability and rust resistance of galvanised and powder-coated surfaces
  • Components
• 5-year guarantee against breakage, malfunctions due to design, manufacture and installation.
  • Selection of materials
• 2-year guarantee against malfunction and breakage of moving parts.

II. Exceptions to the guarantee promise The following are excluded from the guarantee

• Corrosion damage to leisure and sports facilities that are temporarily or permanently under the influence of salt or chlorinated water, as well as to leisure and sports facilities built less than 1,000 m from the coast.
• Properties of natural materials
• Wear and tear due to use (e.g. joints, cords, bearings, springs, threads, etc.)
• Vandalism, malicious destruction and force majeure
• Play equipment that has been modified using non-original parts, colours or varnishes
• Damage, in particular changes in material or colour as well as corrosion, caused by removing the packaging too late or by inappropriate storage.
• Leisure and sports facilities which have not been installed in accordance with the seller's installation instructions or which have not been maintained in accordance with the seller's maintenance instructions.
• Damage caused by incorrect storage
• Rust caused by scratches or damage
• Any modifications made by the customer

III. Start of the period

The period begins on the day of delivery. Outside Switzerland, the period begins at the latest 3 months after the seller's disposal.

Requirements

The prerequisite for the guarantee to be effective is proper use and maintenance, if necessary professional repairs using original Buck spare parts and servicing by qualified personnel in accordance with the manufacturer's instructions. The purchaser must provide proof of correct maintenance (submission of complete inspection and maintenance reports in accordance with the requirements of DIN EN 1176, Part 7).

V. The guarantee includes the delivery of spare parts free of charge, taking into account the service life, the customer bears the costs of dismantling/assembly. In the event of justified warranty claims, the seller is entitled to
to carry out additional performance at its discretion. Cancellation of the contract or claims for price reduction on the basis of this guarantee promise are excluded.

However, legal claims based on liability for material defects remain unaffected.

Asserting warranty claims

You can assert your warranty rights in writing (registered post or email) to Lactell Sàrl Rue du Signal 6 - 2300 La Chaux-de-Fonds Switzerland - Email: info@lactell.ch

U. Right of withdrawal for consumers

Right of withdrawal for consumers for contracts concluded away from business premises or for distance selling transactions. A consumer is any natural person who concludes a legal act for purposes which cannot be attributed principally to his or her commercial or independent professional activity.