Terms and Conditions WR-Service AG (CH)

General Terms and Conditions of WR-Service AG (CH)

1. Scope

1.1 The following General Terms and Conditions (GTC) apply to WR-Service AG (WR-Service) and form an integral part of every contract concluded between our company and a customer. We do not recognize any customer terms and conditions that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing.

1.2 In business transactions, our General Terms and Conditions apply to all current and future business relationships. 

1.3 Our General Terms and Conditions apply to the sale of parts, accessories and spare parts (sales contracts) as well as to installation and repair orders (work contracts).

1.4 The Company reserves the right to change these General Terms and Conditions at any time. All changes will become effective upon publication of the new Terms and Conditions on the Website. The relevant date for the applicability of the current Terms and Conditions is the date on which the binding order is submitted to us when purchasing a product.

2. Prices, delivery, transfer of risk, place of performance

2.1 Unless otherwise agreed, our prices for business transactions do not include statutory VAT and packaging costs.
2.2 In business transactions, delivery shall be ex works unless otherwise agreed. At the request and expense of the entrepreneur, we will insure the goods to be shipped against damage and loss by taking out transport insurance.
2.3 The Company reserves the right to change the stated prices at any time prior to the conclusion of the contract and without prior notice. Products will be invoiced based on the prices offered at the time of the conclusion of the contract.
2.4 All prices are quoted in CHF (Swiss francs).
2.5 If the customer receives goods other than those ordered, he is obliged to notify us immediately and to return the goods received to us at our expense.
2.6 In commercial transactions, our registered office shall be the place of performance for all contractual obligations in the case of purchase contracts, unless otherwise agreed.

3. Payment, late payment, debt collection

3.1 Our invoices are due for payment immediately without deduction after receipt of the goods or provision of the contractual services. Default occurs 10 days after receipt of the invoice.
3.2 Any payment reminder, account statement or debt statement sent by the Company to the Customer by registered mail and not contested by the Customer within 15 days of receipt of the shipment shall be deemed accepted and constitute an acknowledgment of debt in accordance with Art. 82 of the German Debt Collection Act (SchKG).
3.3 Deductions without credit notes are not permitted. Any unauthorized cash discounts will be debited subsequently. If a cash discount has been agreed upon, it may only be calculated after the credit note has been deducted. Payment by credit/debit card or in cash does not entitle to a cash discount.
3.4 The service partners working on our behalf are not authorized to collect payments.

4. Retention of title

4.1 The Company and the Customer hereby expressly agree to a retention of title, valid for all purchase contracts concluded between the parties. The Customer therefore does not become the owner of the sold goods upon taking possession, but only upon payment of the full agreed purchase price.
4.2 The Company is therefore authorized to register this retention of title in accordance with Art. 715 f of the Swiss Civil Code with the competent authority at the Customer's domicile. Upon full payment of the purchase price and all incidental costs, the Company will delete the registered retention of title.

5. Warranty due to Defects of the item and liability

5.1 Warranty
WR-Service warrants that the goods are free from defects that impair their value or suitability for the intended use.
5.2 Liability
WR-Service's liability is limited to defects in the goods that can be proven to have been caused intentionally or through gross negligence on its part. WR-Service further excludes any contractual or non-contractual liability or warranty, subject to intent and gross negligence, as well as liability under mandatory statutory provisions. Subject to any mandatory statutory provisions, WR-Service assumes no liability for manufacturing or material defects in goods purchased from third-party manufacturers.
Minor deviations in dimensions, surface finish, weight, size, and color that are customary in the trade or due to manufacturing processes, and generally all differences that do not deviate from applicable standards, are not considered defects, provided the delivered goods are suitable for their intended use. This also means that information and images in catalogs, lists, sketches, offers, and order confirmations are to be understood as approximate representations and are not binding on either the supplier or WR-Service, as long as the difference in the product is minor deviations that are customary in the trade or due to manufacturing processes. Any contractual and non-contractual liability is also excluded in the following cases: disregard of recognized rules of the construction industry; defective construction work; unsuitable building ground; improper handling or use; improper installation or storage; incorrect or improper maintenance; careless transport; non-compliance with technical instructions or assembly and maintenance instructions, or faulty processing or assembly by the customer or third parties; violations of design or other specifications of our suppliers or manufacturers; Natural wear and tear or excessive use. Subject to mandatory statutory provisions, WR-Service excludes any contractual or non-contractual liability for consequential and indirect damages.
In commercial transactions, we will initially provide subsequent performance for defects in sales contracts, at our discretion, either by repair or replacement. We do not have a right of choice if the business owner can assert recourse claims against us within a supply chain in the sale of consumer goods.
5.3 Notice of defects
The condition of the goods must be inspected immediately upon receipt. Complaints regarding defects in the goods, as well as complaints regarding incomplete or incorrect deliveries, will only be considered by the company if they are submitted in writing to the delivering point of sale within seven working days of receipt of the goods, along with the delivery documents or invoice. Defects that are not apparent upon immediate inspection must be reported in writing within seven working days of their discovery. The defects must be precisely described. If the customer fails to submit this complaint within the specified time frame, the goods are deemed to have been approved. Defective goods may not be installed or reused under any circumstances; otherwise, they are deemed to have been approved. The company will forward the complaint to the relevant supplier or manufacturer.
5.4 Warranty services
In the event of justified complaints and warranty claims, the company is entitled, at its discretion, to replace or repair the defective goods at its own expense, to grant a price reduction, or to cancel the purchase. Replaced or returned parts become the property of the company. In special cases, the company may cover the installation and removal costs, as well as the transport and service charges, in whole or in part, provided they are proportionate to the value of the defective goods. Further claims, in particular for compensation for damages that did not arise in any way from the delivered goods themselves (direct and indirect damages), are excluded.
The warranty services provided directly to the customer by the supplier or manufacturer are reserved.
Complaints about defects and warranty claims do not release the customer from the obligation to pay on time.
The company's warranty obligation is excluded if and to the extent that it assumes the function of an invoicing and payment office.

6. Further liability

6.1 Any liability beyond that provided for in Section 5 is excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence in the conclusion of the contract, other breaches of duty, or tortious property.
The entrepreneur is entitled to resell the goods in the normal course of business or to install them in buildings. He hereby assigns to us all claims arising from the resale or the combination of the purchased item with a property, together with security in the amount of the final invoice amount. We accept the assignment. Even after the assignment, the entrepreneur remains authorized to collect the claim.
6.2 To the extent that liability towards us is excluded or limited, this shall also apply to the liability of our employees, workers, staff, representatives or vicarious agents.

7. Execution date, additional costs

7.1 For work contracts, the customer must ensure unhindered access to the work site on the agreed completion date. Otherwise, the customer must reimburse any additional costs incurred.

8. Offsetting, right of retention

8.1 The customer may only offset claims that have been legally established or are undisputed.
8.2 The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. In commercial transactions, the right of retention may only be exercised if it is based on a legally established or undisputed counterclaim.

9. Applicable law and jurisdiction

9.1 This contract is governed by Swiss law. Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the contract.

9.2 For all disputes arising in connection with agreements or other legal relationships between the parties subject to these General Terms and Conditions, the place of jurisdiction shall be the registered office of WR-Service.

Frauenfeld, August 2025

WR-Service AG (CH)