1. Scope
The following terms and conditions apply to all contracts for the delivery of playground equipment and general goods agreed between Bürli, Spiel- und Sportgeräte AG and the client. They also apply to all future business relations, even if they are not again explicitly agreed upon. Deviating conditions of the client, which we do not explicitly acknowledge, are not binding to us, even if we do not explicitly contradict them.

2. Specifications and changes
The technical information contained in our catalogue and on our website, such as units of measurement, etc., are to be understood as "approximate".
For binding information please contact us to ask for the applicable installation and maintenance instructions.
We reserve the right to make any required design and model changes, provided that the delivery item is not significantly changed and the changes are reasonable for the client. This concerns in particular amendments which are required due to revised standards or regulations.

3. Offer and conclusion of contract
We can assume an order of the customer, which is to qualify as an offer to conclude a sales contract within two weeks by sending a confirmation of order or by sending the ordered products within the same period.
We adhere to the written offers 3 months after the exposition, unless otherwise explicitly agreed. We reserve our ownership, copyright and other industrial property rights to all illustrations, drawings, and other documents. The customer may disclose it only with our written consent to third parties, regardless of whether we have flagged them as confidential.

4. Delivery and shipment of goods
Delivery dates or deadlines that have not explicitly been agreed as binding are exclusively non-binding information. The client receives a message about the delivery no later than one working day before the delivery of the goods. The customer is obligated to accept the goods on this date. The delivery time indicated by us does not begin until all required questions for order processing have been clarified. Likewise, the client has to fulfil all his obligations properly and on time.
We are entitled to partial deliveries and partial performances at any time, as far as this is reasonable for the client.
If the client is in default of acceptance, we are entitled to demand compensation for the resulting damages and any additional expenses. The same applies if the client culpably violates obligations to cooperate. With admission of acceptance or debtor default, the risk of accidental deterioration and accidental loss passes to the buyer.
Loading and shipment are insured, except EX WORKS supplies. We will endeavour to take account of needs and interests of the customer in terms of shipping method.
We do not take back transport or any other packages. The client has to ensure the disposal of the packages at his own expense.
If the shipment is delayed at the request or fault of the client, we store the goods at the expense and risk of the client.
In this case, the notification of the readiness for dispatch is equal to the shipment.

5. Warranty/guarantee
Obvious defects and the precise indication of the defect must be reported immediately in written form, no later than eight days after receipt of the goods. This applies also in the case the delivery item is to be mounted at a later date.
The guarantee is limited to Bürli products. Renewed parts are supplied free of charge to the address of the customer. Interference without our consent during the warranty period shall release us from the warranty. Except for the supply of spare parts are no further obligations applied, in particular any replacement costs, compensation of defects, etc.
The warranty is only valid if the products have been properly installed and maintained. The warranty requires the installation according to the manufacturer's instructions (BÜRLI installation instructions), the standard-compliant operating according to SN EN 1176-1: 2018 and compliance with the manufacturer's instructions for operation (BÜRLI maintenance instructions).
Defects due to normal abrasion, normal and nature-related cracks in wooden structures, improper application, vandalism, improper storage and commissioning, corrosion defect due to aggressive water and aggressive atmosphere are excluded from the warranty.
The warranty period for the different products is as following:
10 years on corrosion of stainless steel that affects the stability. Apart from incalculable environmental influences and defect caused by chemical reactions that are caused by other metals and minerals.
5 years on material and production defects of hot galvanized and unpainted steel and metal parts, polyester plastics, pressure-impregnated wood parts and polyethylene panels. Despite of the maximum UV stabilisation a certain lessening of the colour intensity after several years is to be expected.
2 years on material and manufacturing defects on springs, painted metal parts, moulded plastic parts (tube slides), bearings, phenol resin-coated wooden plates, climbing net constructions and polypropylene ropes.
2 years on failures due to material or production defects on moving plastic or metal parts.
2 years on solid-rubber tiles, lawn grid tiles and other rubberised moulded parts.
2 years on products not specifically named.

6. Liability
Fullest extent permitted by law, our obligation to payment of defects, regardless of the legal reason, is limited to the invoice value of our goods quantities that are directly involved in the defect-causing incident. This does not apply, as far as we fully adhere according to the mandatory provisions due to intention or gross negligence.
Defect claims of the clients, in particular claims for compensation for defects that are not caused to the delivery item itself, but that occurred either directly or indirectly through this, do not exist.
The above limitation of liability shall not apply in cases of intent or gross negligence on our part or one of our agents.

7. Prices
The agreed prices or the current list prices are applied. We reserve the right to conform products and the prices on the current situation. Our prices do not include: installation work, value added tax (VAT), 1.50% LSVA surcharge on the gross amount, Franco delivery (truck carriage road) under the net value of CHF 1' 500.00 and/or postal charges.
Other provisions apply to export deliveries.

8. Due date and delay
Unless there is no other agreement, payment shall be made within 30 days net since invoicing. With the expiry of the agreed terms of payment, the client is in default. The default interest rate is 5%.

9. Retention of title
The delivered goods remain our property until to the full payment of all claims, arising from the business relationship with the purchaser. Until full payment of the purchase price, the buyer is not entitled to pledge, to sell or rent the purchased item.

10. Duty to accept the goods
The client is obliged to check and accept the ordered goods, as far as the legal statements for this purpose are given. In case of non-acceptance, we are entitled to claim damages. The compensation is 10 % of the agreed purchase price. The client is entitled to prove that we have lower or even no damage at all. We are also permitted to prove and to claim higher loss than 10 %.

11. Place of Performance, Place of Jurisdiction, Applicable Law
The place of fulfilment and Court of jurisdiction for deliveries and payments, as well as all disputes arising from the contracts between us and the client, is Sursee (Switzerland).
The relationship between the contract parties shall be governed solely according to the laws effective in Switzerland.
In case of the invalidity of individual provisions, the other provisions shall remain legally binding. Such invalid terms should be replaced by conditions, which come closest to the economic purpose of the contract under appropriate mutual interests.

Version: March 2020
© by Bürli Spiel- und Sportgeräte AG

 
Additional Terms and Conditions in use of our Website:

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Bürli, Spiel- und Sportgeräte AG’s relationship with you in relation to this website.

The term ”Bürli, Spiel- und Sportgeräte AG”, ”Bürli” or ”us” or ”we” refers to the owner of the website whose registered office is Bürli, Spiel- und Sportgeräte AG, Kantonsstrasse, 6212 St. Erhard, Switzerland. The term ”you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Bürli, Spiel- und Sportgeräte AG’s prior written consent.
  
  Your use of this website and any dispute arising out of such use of the website is subject to the laws of Switzerland.

The information contained in this website is for general information purposes only. The information is provided by Bürli, Spiel- und Sportgeräte AG and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of Bürli, Spiel- und Sportgeräte AG. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Bürli, Spiel- und Sportgeräte AG takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.