General terms and conditions

1. General
Unless otherwise agreed, the present general terms and conditions (hereinafter referred as terms) shall apply to all business transactions of Sound M. Keller. By placing an order, the customer declares that he is aware of the terms and that he agrees with them.
The online offers are only valid as long as they are visible on the website and as long as stocks last. The illustrations of the goods, which are offered, serve only the illustration and are not binding. Sound M. Keller declines any responsibility for any errors or inaccuracies in the illustrations, descriptions, explanations, and the like.

 

2. Liabilities
The price and scope of services of an order are defined by the corresponding contract and the terms. Special agreements are only valid if they have been confirmed in writing. All additional or subsequent services or deliveries requested by the customer shall be invoiced separately.
Contractually agreed prices shall remain binding for 12 months after signing. After that the services will be charged according to the current rates. Unless otherwise agreed, quotations are valid for 2 months.

 

3. Services of the customer
The customer shall provide Sound M. Keller with all information and documents required for the performance of the contract. Masonry work, painting and carpentry work, heavy current installation, cable pull-ins, etc. and special constructions are organised by the customer at his own expense and responsibility. The coordination of the processes is the responsibility of the customer. For work interruptions and obstructions through no fault of the customer, the activities will be invoiced separately.

 

4. Deadlines
Delivery and assembly times are agreed with the customer personally. These deadlines are extended if the customer changes the scope of the order or does not fulfil his obligations on time.

 

5. Payments
The following terms of payment apply: 50% on order and 50% on delivery, or according to special agreement.

 

6. Retention of title
All deliveries remain in the possession of Sound M. Keller until full payment has been received.

 

7. Benefit and risk
In the case of deliveries of goods, benefit and risk shall pass to the customer upon dispatch.

 

8. Commissioning
During commissioning, Sound M. Keller carries out a functional check of the delivered system and instructs the customer.

 

9. Guarantee

The general device warranty according to the manufacturer applies.

 

10. Defects
Defects must be reported in writing immediately after their discovery. Sound M. Keller accepts no liability after the warranty period has expired.

 

11. Exclusion of guarantee
This warranty does not cover the repair of damage caused by higher force, extraordinary stress or wear, harmful environmental influences, incorrect handling of the system, non-observance of the assembly, operating and maintenance instructions or unauthorized intervention. Wear parts are also not covered by this warranty.

 

12. Software
Sound M. Keller cannot guarantee that a delivered software can be used without minor interruptions and errors and under any operating conditions.

 

13 Liability
With the exception of liability for warranty services, any further liability of Sound M. Keller for direct and indirect damage is expressly excluded. Possible damage caused by malfunctions or failures of the systems and any operational failures are excluded from the liability of Sound M. Keller. The liability for unlawful intent or gross negligence in the sense of OR Art. 100 para. 1 as well as the liability for defective products remains reserved, provided that the requirements of the (PrHG) product liability law are fulfilled.

 

14 Liability for installation damage
If existing systems and devices etc. have been damaged during installation work, Sound M. Keller shall only be liable for the costs of proper repair. Liability for further damage, in particular consequential damage (interruption of operations, etc.), is expressly excluded.
If the installation work is carried out by Sound M. Keller and, in the absence of precise planning documents from the customer, damage occurs during wall breakthroughs or other construction and installation work as a result of existing cable ducts etc., the repair shall be at the expense of the customer.

 

15. Renting
15.1 The objects according to the rental contract are only rented and remain the property of Sound M. Keller.
15.2 The rental price list contains net daily rental prices per unit, excluding transport, set-up and dismantling and commissioning.
15.3 After the conclusion of the contract, the rental objects remain reserved for the agreed period. If the tenant withdraws from the contract, the cancellation costs are as follows: up to 60 days before the start of the rental 30%, up to 30 days 60%, up to 10 days 80%, up to 3 days 90% and then after 100% of the order amount. If preparations or cancellations have already taken place in advance, which exceed the cancellation costs, Sound M. Keller will charge the actual costs to the tenant.
15.4 Upon delivery, the tenant must present proof of identity and be entitled to do so. The rented objects are operated properly and with the greatest care. They are to be cleaned and returned in perfect condition within the stipulated period.
15.5 Liability: The rental equipment and all accessories remain the property of Sound M. Keller. The customer assumes liability for the rental equipment from the time of acceptance until the time of return. The renter is fully liable for any damage (damage to the equipment due to improper handling, by third parties, etc.). Rental equipment that has not been returned or damaged, as well as expenses for replacement, will be charged to the renter accordingly. Any necessary repairs during the rental period must be handed over to Sound M. Keller. Insofar as these repairs are not the fault of the customer, they will be carried out by Sound M. Keller at its own expense in its own workshops.
15.6 In the event of theft or loss, a police report must always be drawn up. In the event of transport damage, the hirer must arrange for the carrier to take stock.
15.7 By signing the rental contract, the renter confirms that he has inspected the goods and found them to be faultless. Defects reported subsequently will not be acknowledged by the Lessor.
15.8 The lessor strictly forbids any kind of alteration to the rented objects. The corresponding costs for the restoration will be charged to the tenant.
15.9 The tenant is responsible for the infrastructure, all permits, fees, etc. Grid connection standards must be complied with. The systems are to be connected behind a residual current circuit breaker (RCD). Provisional power installations must be carried out by a qualified electrician.
15.10 Unless otherwise stipulated in the rental agreement, the tenant is responsible for loading, unloading and transport. Suitable and locked vehicles are to be used.
15.11 All amendments to the rental agreement must be made in writing.
15.12 If the agreed assistants of the tenant/organizer are not on site, additional costs will be charged. Additional work to the contract will be charged at CHF 90 per hour.
15.13 Subletting: The tenant is prohibited from subletting the rental object to a third party without the consent of the lessor.

 

16. Law
All business relations are subject to Swiss law. The place of jurisdiction shall be determined by us.

 

April 2019
Sound M. Keller