Discover our General Terms and Conditions of Sale and Delivery
Preamble
Below you will find our general conditions, which are an integral part of our offer or our order confirmation. These conditions are important, and we strongly encourage you to review them. Furthermore, in the case of an order confirmation, these conditions are deemed to have been read and accepted.
1. Offers and Prices
1.1 The prices mentioned in our catalogs and price lists are selling prices exclusive of tax.
1.2 Price changes are reserved.
1.3 The validity period of our offers is 3 months; beyond this period, our offers are non-binding in terms of price and availability.
1.4 The prices mentioned in our written order confirmations are fixed prices. Unless otherwise agreed, the confirmed total prices are net prices, without any additional discounts granted.
2. Product Modifications
2.1 We reserve the right to make formal and technical modifications to the execution of all products presented and described in our sales documents at any time.
3. Order and Contract Conclusion
3.1 The customer acknowledges these sales and delivery conditions by placing their order.
3.2 An oral or written order is considered accepted when we have confirmed it in writing. Only the written confirmation of the order is valid regarding the scope and execution of the order.
3.3 Any cancellation and/or modification of the order requires our prior written consent and results in the invoicing of incurred costs.
3.4 In case of excluded delivery, the customer must take delivery of the ordered goods upon request within the specified timeframe. If the material is not collected within the timeframe, we reserve the right to invoice it and charge storage fees.
4. Delivery Times
4.1 We make every effort to meet the agreed delivery times. In the event of delivery delays, the customer cannot claim damages for any harm.
4.2 The delivery period begins from the date on which all technical and qualitative details have been provided and we have acknowledged receipt of this information.
4.3 Shortages of raw materials, breakdowns, and cases of force majeure release us from the obligation to deliver for the duration of such impediments, without the customer being entitled to claim damages.
5. Shipping
5.1 Packaging and shipping costs are charged for deliveries in Switzerland of goods with a net value of less than or equal to CHF 1,000.-.
5.2 Goods with a net value exceeding CHF 1,000.- are delivered in Switzerland packaged and freight prepaid by post, by conventional (standard) shipping, or by truck, with the choice of shipping method being at our discretion, unless otherwise stated in the offer or order confirmation.
5.3 Deliveries of goods outside Switzerland are always billed as an additional charge to the customer, unless otherwise specified in the offer or order confirmation.
5.4 Additional costs resulting from special shipping methods such as air freight, expedited service, or express delivery are charged in all cases as a supplement to the sales contract or directly by the carrier.
5.5 For deliveries by truck, the goods are deemed complete and in perfect condition upon the recipient’s or their representative’s signature.
5.6 The goods are unloaded on the ground or on a ramp according to the directives and under the responsibility of the customer, who provides the necessary personnel at their own expense.
5.7 Incomplete or incorrect deliveries and any defects must be reported in writing within 8 working days from the date of receipt of the goods.
6. Transfer of Use and Risk
6.1 The transport of goods carried out by a third-party company is at the risk and peril of the recipient.
6.2 Any damages or losses must be reported immediately to the transport company upon receipt of the goods to establish a damage report.
7. Payment
7.1 Orders for goods with a net value exceeding CHF 10,000.- are invoiced as follows:
- 40% upon order
- 20% upon notice of availability of the goods
- 30% upon delivery or no later than 30 days after the notice of availability of the goods
- 10% upon final invoice or no later than 30 days after the notice of availability of delivery
7.2 Goods already delivered that are not covered by a deposit invoice, situational invoice, partial invoice, or final invoice will be offset at the end of the calendar year with a partial invoice.
7.3 Our invoices are payable net within 30 days. Unjustified discounts will be charged.
7.4 In case of non-compliance with the payment deadline, we reserve the right to charge late payment interest.
7.5 Payment deadlines must also be adhered to in the following cases:
7.5.1 If the carrier, delivery, assembly, commissioning, or receipt of delivery are delayed or impeded for reasons not attributable to our company.
7.5.2 If certain non-essential parts are missing.
7.5.3 If adjustments are necessary but their absence does not hinder the normal use of the goods.
8. Samples
8.1 Exceptionally, and only after agreement, it is possible to obtain most of our products as samples with a right of return for a maximum period of 3 weeks.
8.2 For administrative reasons, samples are delivered against an invoice with an extended payment term, which includes the three-week period. Goods returned in their entirety, in new condition and in their original packaging within the deadline will be credited as follows:
- 100% for stock items.
- 90% for non-stock or custom-made items.
8.3 For samples that are not returned within the specified time or in the prescribed condition, the restrictive provisions regarding the return and credit of goods apply (see point 9.3).
9. Returns of Goods
9.1 Except for products explicitly delivered as samples according to point 8, there is no obligation to take back goods.
9.2 Purchased goods will only be taken back with our prior written consent. They must therefore be sent prepaid, with a return slip and a copy of the corresponding delivery note.
9.3 Goods will be credited at a maximum rate of:
- 80% for stock items
- 50% for non-stock items
- CHF 60.- will be deducted in all cases for inspections and administrative processing
- Packaging and shipping costs will also be deducted.
9.4 Costs for missing items, such as the original packaging, fixing materials, and other small accessories, as well as any restoration costs, will in all cases be deducted from the credited amount for returned goods.
9.5 The amounts credited for returned goods will not be paid but offset by a credit for other goods (credit note).
9.6 Special productions, modified products, spare parts, and light sources, as well as special items provided upon request, cannot be returned under any circumstances.
10. Retention of Title
10.1 The delivered goods remain the property of LUCE-ms SA until full payment is received. The customer is obliged to participate in any necessary measures to protect our goods during the entire period of ownership transfer.
10.2 During the entire duration of the retention of title, the customer shall ensure at their own expense the maintenance of the delivered items and shall, if necessary, take out the necessary liability insurance to cover themselves against theft, breakage, fire, water damage, and other risks. They shall also take all necessary measures to prevent any injury or annulment of our ownership rights.
11. Plans and Technical Documents
11.1 Catalogs, electronic documents, brochures, and, in particular, lighting designs provided free of charge by our company do not have, in the absence of a contrary agreement, a contractual nature. The information contained in the technical documents binds us only when expressly guaranteed by the sales contract.
11.2 Each party reserves all rights to the plans and technical documents it has provided to the other party. The party receiving such documents acknowledges its rights, shall not disclose these documents, in whole or in part, to third parties without the prior written consent of the other party, and shall not use them for purposes other than those for which they received these documents.
12. On-Site Assembly
12.1 If our company performs assembly on-site (in situ) and there is an intermediary between our company and the Client (C), the Project Manager (PM) and the Client (C) must be informed in advance of our intervention by the customer.
12.2 The Client is required to possess all necessary administrative, cantonal, municipal, or other authorizations before the start of work and to provide a copy to our company if needed.
12.3 In the case of an intermediary, the general terms and conditions of sale must be communicated by the customer to the Client before the commencement of work.
12.4 Claims made by the Client more than 6 months after the evacuation of the site by our company are considered late in any case, even if the claim was discovered later. The irrebuttable presumption that our company’s work has been carried out without any defects is established after 6 months. (After the acceptance of the work, a claim is still possible for five years from the date of acceptance, if it is a hidden defect, and ten years for a defect that has been intentionally concealed).
12.5 If the installation and assembly must be interrupted due to reasons related to a third party, and this results in waiting time for our technicians, these hours will be billed at the applicable rates.
12.6 Rates for waiting time and delays not caused by our company:
Technician: CHF 120.- / h
Travel: Additional
12.7 The acceptance of the work takes place at the end of the work upon invitation or at the latest within 7 days after the completion of the work. The acceptance of the work occurs in the presence of the contractor; if the Client or their representative does not respond immediately to the invitation, the work is considered accepted.
13. Warranty
13.1 Obligation to Inspect and Claim Regarding Defects
13.1.1 The orderer is required to inspect the goods immediately upon receipt and to notify us without delay and in writing of any defects, this notification must occur in any case before the transformation or processing of the goods or their connection to other elements. If we do not receive any justified notification within seven working days from the date of receipt of the goods, the delivery will be deemed approved regarding any apparent defects.
13.1.2 No repairs or modifications to the delivered goods may be made at our expense without our written consent.
13.2 Warranty Periods
13.2.1 Our warranty periods are 5 years for hidden defects for all our goods.
13.2.2 The delivery note serves as a warranty. If the delivered goods are invoiced later (final invoice/request for deposit), the warranty takes effect from the delivery date in any case.
13.3 Scope of the Warranty
13.3.1 Our warranty covers the specific characteristics assigned to the purchased item and the absence of defects in this item.
13.3.2 We provide free removal of defects covered by the warranty. If a repair is possible, the right to terminate the contract and to reduce the price is excluded. We reserve the right to take any other action that fairly considers the interests of both parties. Any other claims from the customer for a defective delivery, particularly claims for damages due to costs and consequential damages, are excluded.
13.4 Exclusion of Warranty
13.4.1 The warranty is excluded for the following points:
13.4.1.1 Minor differences in dimensions, color, or design of the goods compared to illustrations, samples, and our sales documents or due to normal wear and tear of the product in its environment.
13.4.1.2 Goods that have been inadequately processed, damaged, modified, repaired, or installed contrary to our specifications.
13.4.1.3 Damages resulting from the use of force, stress, pressure, chemical compatibility, and that violate our technical specifications.
13.4.1.4 Damage caused during transportation.
13.4.2 The customer cannot claim a repair for damages not caused to the delivery item itself, particularly for damages to objects or works of which our products have become integral parts, for mounting or dismounting costs of our products, and for costs of on-site interventions, for any transformations of the products, for any production interruptions, for loss of income, or for any other direct or indirect damages.
13.4.3 It is the responsibility of the customer to take all necessary measures to ensure access to the elements supplied or installed by LUCE-ms SA. Our company will not bear additional costs arising from a lack of accessibility, for example, in cases where it is necessary to use a lift or scaffolding.
13.4.4 The amount of Luce-ms’s liability is limited, to the extent permitted by law, to the sales price of the defective goods.
14. Jurisdiction
14.1 For all disputes arising from the contractual relationships between our company and the customer, including all preliminary issues, the jurisdiction is Yverdon-les-Bains in Switzerland (District Court of Broye and North Vaudois). However, we reserve the right to initiate action against the customer at their place of business in the event of disputes.
15. Applicable Law
15.1 These terms are governed by Swiss substantive law.
15.2 The application of the United Nations Convention “Vienna Convention” on contracts for the international sale of goods is excluded.