RIBAG Collection 2020 EN-INT

195 delays in transportation and customs clearance, damage caused during transit, shortages of energy and raw materials, industrial disputes and non-delivery by an essential supplier of the seller that is difficult to replace. 6.6. Any official or third party licences that are necessary for the completion of facilities shall be procured by the buyer. 7. Transfer of risk and place of performance 7.1. The place of performance for the delivery of goods shall always be the factory or warehouse of RIBAG Licht AG. The use and risk shall pass to the buyer with the segregation or departure of the delivery ex works or ex warehouse, irrespective of the pricing agreed for the delivery (such as postage paid, CIF, etc.). This shall also apply if the delivery is made as part of an assembly or if the transport is carried out or organised by RIBAG Licht AG. 7.2. In the event of loss or damage during transportation, it shall be for the buyer to raise a claim with the carrier, and it is recommended that the buyer ensure that the relevant facts are officially recorded immediately. 7.3. The place of performance for contract work and services shall be the location at which the service is carried out, or in the event of doubt the factory of RIBAG Licht AG. Risk pertaining to performance or partial performance shall transfer to the buyer at the time it is rendered. 8. Dispatch of samples 8.1. Lamps may be made available for lighting trials on an exceptional basis for a maximum of 60 days. Any ma- terial that is not returned within this period shall be invoiced. Any lamps that have been altered by the buyer or damaged shall be invoiced under all circumstances. 9. Return shipments 9.1. Only products from the catalogue in their original packaging will be accepted. Any material that has been damaged will not be credited. Any reinstatement work shall be charged for at cost. Any missing parts such as fluorescent tubes, fixing material, original packaging etc. shall be charged for. 9.2. Goods that were sold more than 6 months previously (invoice of RIBAG Licht AG) may no longer be taken back. 9.3. Special orders, modified standard models (colour or finish) and light fixtures will not be taken back. 9.4. If any return shipment is incorrectly made at the cost of RIBAG Licht AG, RIBAG Licht AG may invoice the costs of such a return shipment to the buyer or add them to the purchase price in the event that a further order is placed. 10. Guarantee and warranty 10.1. RIBAG Licht AG provides a five-year manufacturer guarantee to the buyer for products produced and marketed under the RIBAG brand in respect of products acquired after 1 September 2012. The guarantee period starts from the date of purchase. Otherwise, the warranty period for new goods shall extend for a maximum of 12 months following delivery. It shall commence upon the transfer of ben- efit and risk. 10.2. RIBAG Licht AG warrants exclusively that the goods delivered by it are free from production defects and/or faulty material. Electronic consumable parts and used goods are excluded from any warranty. The assured char- acteristics shall be exclusively those expressly designated as such in prod- uct information. Any assurance shall apply until at the latest the expiry of the guarantee period. 10.3. If goods are produced by the seller on the basis of design details, diagrams, models or other specifications of the buyer, the seller’s warranty shall be limited to a duty of diligent execution. 10.4. In the event that proof is furnished by the buyer of a production defect and/or faulty material, RIBAG Licht AG may at its choosing either provide a replacement free of charge or rectify the defect. 10.5. All ancillary costs arising in relation to the rectification of the defect (such as e.g. installation and dismantling, transportation, disposal, travel costs and travelling time, lifting devices or scaffolding) shall be borne by the buyer. 10.6. Invoices for maintenance work carried out by the buyer or by a third party shall only be accepted if the seller has been given advance written notice of these costs and the seller has confirmed in writing that it will cover the costs. Otherwise, the warranty shall lapse immediately in the event that the buyer or a third party makes any changes or carries out any repair work without the written approval of the seller. 10.7. The buyer must object promptly to any defects affecting the goods delivered. The buyer must be able to furnish proof of the defect objected to. The decision concerning the form of rectification of the defect shall be made exclusively by RIBAG Licht AG. RIBAG Licht AG may replace the defective product by new fault-free goods (supply of a replacement). There shall be no right to rescission or to reduce the price in the event that it is possible to supply a replacement or if repeated rectification or exchange is unsuccessful due to reasons beyond the control of RIBAG Licht AG. 10.8. In addition, rights under guarantee may only be exercised if the defective product is packaged and returned to the following address: RIBAG Licht AG Kanalstrasse 18 5745 Safenwil Switzerland All other countries outside Switzer- land and Liechtenstein: RIBAG Licht AG c/o Badenlogistik Rheinfelden GmbH Bahnhofstrasse 102 DE-79618 Rheinfelden Germany 10.9. No guarantee or warranty shall be provided in the event that improper changes have been made to the products or if damage results from incorrect handling or mechanical damage. Consumable parts shall not be included under the guarantee and shall not be covered by a reduced guarantee period. 11. Reservation of title 11.1. The goods supplied shall remain the property of RIBAG Licht AG until they have been paid for in full. It shall be entitled to make an entry to that effect at any time (including retrospectively) in the Swiss Registry of Retention of Title. The buyer hereby states its consent to the entry in the Swiss Registry of Retention of Title at its place of business. In the same way, the purchaser undertakes to immedi- ately notify RIBAG Licht AG’s retention of title to third parties in the event of enforcement proceedings. 11.2. Until this time, the goods supplied shall be safely stored by the buyer in a resellable condition. The buyer shall inform RIBAG Licht AG promptly in writing of any third party interference, including in particular measures of enforcement and any other circum- stances that adversely affect the products. The buyer shall compensate