terms and conditions

version 24 dt. 2024-07-15

Prices mentioned are to be understood strictly net, exclusive of VAT.

Delivery will be FCA Schyns GmbH, Pfingstwiese 1, 56130 Bad Ems, including customary packing (bubble wrap). No return of packing. If a lump sum for delivery has been agreed, it applies to each curbside delivery. Special agreements shall be in writing only.

Installation as well as electrical and gas connection services are not included in the performance scope, unless especially mentioned.

In principle, lamps are not included in the delivery scope (risk of breakage) and therefore are not part of the offer, except for LEDs, which are included in prices of LED lighting units.

Special tools (e.g., suction gripper) for opening the covers are included. Their quantity depends on the project’s volume. Fixing material for mounting the bed head units is not included.

The calculation of the included electric installation material such as electric sockets and socket frames is based on using standard series in color electro-white (Gira standard cream-white), unless there are any special requirements in the tender specifications. It is, however, possible to use other series at extra costs. With the Schyns Q100 product series, Schyns free, Schyns plano, Schyns pure und Schyns S700 and their flush fitting installation design, only the Gira System 55 installation series is possible.

In principle, the bed head units can be manufactured at any requested length, provided that only one specific length applies to each position offered (serial production) and the built-in components can be installed without any problems. The offer is based on the length mentioned in the tender specifications. However, the length can be increased at additional costs. As all requested built-in components shall be installed, the overall length must be appropriate. In case the requested length is smaller than the length actually needed, extra costs will be charged for the deviation. The exact dimension of the overall length as offered cannot be claimed. The final dimension of the overall length will be fixed after receipt of order and needs to be released by the customer in accordance with the detailed technical drawings. A preliminary check and determination is not possible for technical reasons. By default, all aluminum profiles are supplied in anodized surface E6EV1, unless otherwise agreed in writing. When assembling materials with different thermal characteristics (e.g., aluminum / wood / plastic), small cracks may subsequently occur in the product or in the cover; this does not represent a defect. HPL decor elements can be bonded up to a length of 3,000 mm per element.

All materials and products to be provided by the purchaser/customer must be placed at our disposal free of charge and arrive at our factory latest 25 working days before the agreed delivery date. If those items need to be pre-coded or programmed, this must be done in advance. Provided goods are checked for quantity and transport damages only, no quality check. For defects / damages which are caused from the goods provided, we do not assume any liability. If we must make a claim due to damage /defects which are caused by the goods provided, the customer shall indemnify us from these claims.

Regarding type and scope of delivery, orders become binding only after receipt of our order confirmation. Verbal agreements, especially side agreements and promises made by staff, need to be confirmed in writing.

Delivery will be affected within 8-12 weeks after technical approval, on condition that technical drawings and corresponding circuit diagrams were approved by the customer and free-issue parts are provided in time. If these two requirements are met, we will check the current production capacity and confirm the delivery date in writing. The dates and deadlines acknowledged by us are non-binding unless otherwise agreed upon expressly in writing. Deviations in delivery time may occur rarely.

Partial deliveries are permitted to the extent that they are reasonable for the customer. Any partial shipment is considered to be a separate order within the meaning of these terms and conditions. We are only liable for damage caused by delay in the event of intent or gross negligence.

The prices quoted are binding for orders placed within 3 months from the date of quotation and delivery within 6 months from the date of order. In the case of installation or service, a binding period of 3 months applies. All previous quotations for this project lose their validity with this quotation.

Payment terms:
- 30 days after delivery, strictly net (subject to confirmation by our commercial credit insurance). Payments on account for service rendered are due within 8 days after date of invoice.
- or: in advance: 30 % at order, 70 % before dispatch
- or: against irrevocable and confirmed L/C in our favour, at sight, plus 1.75% for export handling costs – at least 750.00 € per L/C, all fees outside Germany at customer’s expense.

All orders from new and existing customers are checked and insured by Allianz Trade. Any difference between the sum insured and the order amount must be secured by advance payment, an unlimited bank guarantee or other individual payment security accepted by us.

Any change in equipment or design made by the customer after receipt of our order confirmation, will be clearly mentioned in the invoice and charged separately/additionally. If an addendum is desired prior to the start of production, this must be coordinated with our project manager.

Production is based on the technical drawings and circuit diagrams approved by the customer. The circuit diagrams are made according to the documents provided to us. We do not assume any liability for the functional correctness of the wiring, e.g., light call components.

Warranty liabilities are limited to 24 months for Medical Supply Units, lighting units, luminaires and lighting accessories, 6 months for illuminants, but to the maximum of the usage time given by the manufacturer.

For electronic components such as ballasts, LED drivers and relays, the warranty period is 12 months.

Notification of defects must be made in writing without any delay, not later than 5 working days after receipt of goods at the latest.

§377 HGB remains unaffected. In the case of defects that are not obvious, the deadline shall be extended to one week after detection, but at the longest to 24 months after transfer of risk.

In the event of a justified and timely notice of defect, we shall first be given the opportunity to remedy the defect at our discretion within a reasonable period of time. We are entitled to refuse to remedy a defect, if the costs of eliminating the defect exceed the purchase price of the defective goods by more than double. In this case the purchaser can only claim the delivery of a flawless item.

In the event of justified liability for material defects, we shall reimburse the purchaser's or reseller's proven removal/installation costs to a reasonable amount. As far as an individual product is defective, reimbursable removal/installation costs shall be limited to 3 times the net product price of the component. In case of serial defects, the reimbursement of costs shall be limited to 20% of the product’s net price out of the respective delivery.

If warranty obligations are not fulfilled in accordance with the above-mentioned points or if supplementary performance fails, the customer shall be entitled to reduce the price or to withdraw from the contract - only with regard to the defective performance. Further claims, in particular for compensation for consequential damage and loss of profit, are excluded, insofar as they were not caused by us intentionally or through gross negligence.

We are not liable for damage caused by the influence of third parties, improper installation, overloading, overvoltage, disturbances in the electrical supply network ("network impurities") or chemical influences, insofar as these are not attributable to any fault on our part.

The aforementioned causes of defects shall result in the loss of all warranty claims. The same applies to unauthorized repairs or manipulation of the delivery item by the customer or third parties.

Place of performance for all obligations arising from the contract or the contract negotiations, including cheques, bills payable and those related with the securities to which the supplier is entitled or granted revealed, is Bad Ems.

Events of force majeure in our factory, during production/delivery or at our subcontractors extend the delivery time accordingly. This also applies to official interventions epidemics / pandemics, energy, and raw material supply difficulties, strikes, lockouts and unforeseen delivery problems, provided the supplier is not responsible for them. In these cases, we are entitled to withdraw from the contract in whole or in part. Claims for damages by the customer due to such a cancellation do not exist.

Will the delivery, execution, shipping, or delivery be postponed at the request of the customer beyond the time specified in the contract, the supplier reserves the right to charge storage fees. The supplier can do this no earlier than ten working days after notification that the goods are ready for dispatch and can charge 1% of the invoice amount for each week started, plus costs for rearrangement € 429.- net. The contract parties remain free to give evidence of higher or lower storage charges. Full payment for the goods manufactured by the agreed delivery date is due upon completion, even if the customer requests a later delivery.

We explicitly reserve the right to make changes to the design and equipment of the delivery items in accordance with technical progress.

The goods remain property of Schyns GmbH until the final bill has been paid. Extended and expanded retention of title applies.

These sales conditions shall take precedence over, and be subject to, any different customer conditions of purchase §306 section 1 of the German Civil Code.

The following general terms and conditions apply if no project-related special agreements are specified in the offer, this includes assembly and maintenance work.

Pricing: The calculation is based on a one-off material delivery and continuous assembly. Waiting times, delays and additional work not included in the offer, that are not caused by Schyns GmbH, will be invoiced based on proof and based on the applicable hourly rate:

fitter / workshop employees: € 77.00 / hour
senior fitter: € 85.00 / hour
service technician: € 94.00 / hour
test engineer: € 156.00 / hour
vehicle costs plus travel time: € 1.00 / km
Surcharge for work after 8 p.m. on weekdays and on Saturday: 50 %.
Surcharge for work on Sundays and public holidays: 100 %.
Materials not included in the offer will be billed at the currently valid list prices. Decisive is the current list price or hourly rate valid at the time the service is provided.

The offered prices are prices according to VOPR 30/53. The calculation of the copper pipe is based on the MK listing on the date of the offer/100 kgs raw copper. The invoice amount is based on the MK offer valid on the 10th day after the order was placed.

Not included in the offer price are all the construction work, masonry, caulking, plastering, and painting work, delivery and assembly of the suction and exhaust air pipes, supply, and waste water pipes, grouting of worktops as well as delivery and connection of electrical lines or lifting devices for bringing in goods by crane or stage.

Delivery time: the delivery time for the fittings and devices offered is currently approx. 8 weeks after technical clarification; partial shipments for the initial assembly can be made in advance by prior arrangement.

Material storage: a lockable room must be provided for on-site storage until installation.

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