Terms and Conditions

About the job

1. General

These general terms and conditions of sale form an integral part of our offers and order confirmations, as well as the contracts concluded with us. Our deliveries and sales are exclusively subject to the following sales, delivery, and payment conditions. Deviating purchasing conditions only apply if they have been expressly confirmed in writing by Embru. Please check whether we agree in all parts to avoid any misunderstandings. Without your contrary report within 3 days, we consider our conditions accepted and binding. The client waives making their own general terms and conditions part of the contract content.

2. Drawings/Models/Intellectual Property

Sketches, illustrations, models, samples, drawings, and printed materials created by us and delivered to customers are our property and protected by copyright. These are entrusted personally to the interested parties and may not be made accessible to third parties or copied without our written consent. They must be returned upon our request. Violation of this provision makes one liable for damages.

3. Order Acceptance

Order acceptance will be confirmed by us in writing. Please check the order confirmation carefully. In case of uncertainties, please contact us within 3 working days. Afterwards, we will begin production of the order and changes to the order will no longer be possible.

4. Prices

All quotations and price lists are non-binding. Our prices are calculated in Swiss francs. Any assembly costs incurred are not included. Deliveries from a net order value of CHF 1,800.– are made, unless otherwise agreed, free domicile within Switzerland, not distributed. Otherwise, a transport and packaging cost share will be charged.

5. Deviations of the Delivery Item

Changes in construction and/or execution necessary to adapt to the state of the art and which do not impair the functionality or value of the delivery item are reserved. Commercially customary or minor, technically unavoidable deviations in quality, colour, dimensions, and weight are also reserved by Embru within the scope reasonable for the purchaser.

For wood tones, stain colours according to our in-house collection or colour samples are decisive. Small colour deviations caused by the diversity of woods, veneers, and laminates in colour and structure must be reserved. Deviations in colour tones, especially in reorders, do not entitle to complaints unless compliance with colour tones has been expressly agreed.

6. Payment

Our invoices are payable net within 30 days from the invoice date unless other agreements have been made in writing. In case of late payment, usual default interest and fees will be charged. Unjustified deductions will be charged afterwards.

7. Retention of Title

We reserve ownership of the goods delivered by us until full payment has been made. They may neither be sold nor pledged, nor may the client otherwise dispose of them. We reserve the right to register in the retention of title register.

8. Benefit and Risk

These pass to the purchaser upon dispatch of the goods. For free delivery, the transfer of benefit and risk occurs upon delivery of the goods to the purchaser. For credits for returned and already invoiced goods, postage will not be credited unless it is an error by Embru. Shipments with possible transport damage must be accepted with reservation and reported to the respective transport company for investigation within the legal period.

9. Delivery Times

The agreed delivery times apply ex works, calculated from the date of receipt of the order. We endeavour to execute every order within the specified delivery time but without any liability for any delays or their consequences. All cases of force majeure and circumstances beyond our control release us from all delivery obligations and exclude any liability on our part.

10. Complaints

Complaints about weight, quantity, or quality of the goods must be made in writing within 8 days of receipt of the shipment to be considered. Goods proven to be unusable due to manufacturing defects will be replaced or repaired free of charge at our discretion upon return. We reject any further liability for direct or indirect damage.

11. Warranty Services

Unless otherwise agreed, we provide a 24-month warranty from the delivery date for the proper functioning of the delivered items and undertake to promptly repair or replace all parts that are demonstrably unusable or defective due to poor materials, faulty construction, or defective manufacturing at our discretion. Excluded from the warranty are damages due to improper use, negligent or intentional damage, and force majeure. Consequential damages are also excluded. If we repair a defective item for which we have granted a warranty, the warranty period does not start anew.

12. Acceptance Obligation

The return of already delivered products can only take place based on a written agreement between Embru and the buyer, whereby Embru is under no obligation to accept returns. Only brand-new products in undamaged original packaging can be exchanged. Custom-made products and special colours made at the buyer's special request will under no circumstances be taken back or exchanged. Any transport costs will be charged separately.

13. Data Protection

The customer is hereby informed that we store and process personal data obtained in the course of the business relationship in accordance with the provisions of the Data Protection Act. Further information on our data protection regulations can be found at www.embru.ch

14. Validity

These general terms and conditions of sale are binding in every case. Divergent conditions of the purchaser are only valid if expressly and in writing confirmed by us.

15. Place of Jurisdiction and Performance

Place of performance for deliveries and payments is 8630 Rüti ZH.

Place of jurisdiction and applicable law:

For the settlement of disputes, the courts at the domicile of Embru-Werke AG, 8630 Rüti ZH, are recognised as competent. Swiss law applies.

Rüti ZH, January 2023