General Terms and Conditions (GTC)

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General Terms and Conditions (GTC)

Version 10.2025

SIBIRGroup AG provides its deliveries and services in Switzerland based on the general terms and conditions. The general terms and conditions of the purchaser do not apply, even if the purchaser refers to them.

Changes and additions to the general terms and conditions require written form.

SIBIRGroup AG accepts orders without obligation. The contract with the purchaser is only concluded upon receipt of the written order confirmation.

The deliveries and services are conclusively listed in the order confirmation. A model change occurring between contract conclusion and delivery is reserved.

Information in brochures and catalogues is not binding. Information in technical documents is only binding insofar as it is expressly guaranteed.

The prices specified in the written order confirmation are fixed prices. The distribution of delivered devices to floors and apartments is the responsibility of the purchaser. Surcharges for small quantity and express shipments will be invoiced separately.

Standardised containers and pallets must be exchanged or returned carriage paid to SIBIRGroup AG upon receipt of the goods; otherwise, their value will be charged to the purchaser. Non-standard packaging for custom-made products will not be accepted for return and will be charged to the purchaser at cost price.

Delivery dates are for information purposes only. The delivery date will be postponed accordingly if obstacles occur that SIBIRGroup AG cannot avert despite due diligence. Failure to meet delivery deadlines and dates does not entitle the purchaser to claim damages.

Invoices from SIBIRGroup AG must be paid no later than 30 days from the invoice date, unless otherwise agreed. If the purchaser does not meet the agreed payment deadlines, they must pay default interest from the due date without reminder.

SIBIRGroup AG remains the owner of the goods delivered by it, especially consignment goods, until they are fully paid. The purchaser authorises SIBIRGroup AG to register ownership in the official register and to complete all related formalities.

Benefit and risk pass to the purchaser upon dispatch of the delivery from the SIBIRGroup AG warehouse.

Returns are only accepted by prior agreement. SIBIRGroup AG reserves the right to deduct at least 10% of the goods value from the purchaser depending on the condition of the returned goods. The purchaser bears the costs of return transport.

The purchaser must inspect the deliveries and services of SIBIRGroup AG within 5 working days and immediately notify any defects in writing. If they fail to do so, the deliveries and services - subject to hidden defects - are deemed approved.

The warranty period is 24 months. It begins with the installation of the device at the end customer, but no later than one year after delivery of the device by SIBIRGroup AG.

If inspected in time and notified immediately, SIBIRGroup AG is only obliged to remedy defects within a reasonable period, excluding claims for rescission and reduction and waiving further claims for damages by the purchaser.

For replaced or repaired parts, the warranty period starts anew and lasts 12 months from replacement or completion of the repair.

If the device to be repaired is located in a place inaccessible to SIBIRGroup AG's service vehicles, the warranty is limited insofar as additional travel costs, such as cable car and helicopter transports, will be invoiced separately.

Excluded from the warranty and liability of SIBIRGroup AG are damages not caused by poor materials or faulty construction, such as natural wear and tear (wear parts), improper installation, inadequate maintenance, disregard of operating instructions or operating regulations, interventions by unauthorised parties, use of parts other than original SIBIRGroup AG spare parts, as well as force majeure or other reasons for which SIBIRGroup AG is not responsible.

The purchaser has only the rights expressly stated in clause 12 for defects in deliveries and services. Further claims by the purchaser, especially claims for damages, reduction or withdrawal from the contract not expressly mentioned, are excluded. The purchaser has no claim for compensation for damages not caused to the delivery item itself, such as production downtime, loss of orders, lost profits, or other indirect or direct damages. The mandatory provisions of the Swiss Product Liability Act remain reserved.

Scope of contract:

SIBIRGroup AG undertakes to remedy operational disruptions to the contract object for a period of one year and against payment of the annual premium, provided it is used as intended.

The annual premium includes the costs for replacement material, labour time, as well as travel to and from the site within the scope of fault rectification. Regular maintenance or inspection work is not part of this agreement.

From the 13th year of operation, the costs for necessary spare parts will be charged additionally.

Excluded from the scope of services are:

• Regular inspections and maintenance work such as descaling the machine, general cleaning, cleaning of drain filters or refreshing accessories (e.g. dish baskets).
• Repairs to external installations or foundations as well as rectification of faults or damages caused by external influences, force majeure or interventions by third parties.
• Damages caused by failure to observe operating, maintenance or care instructions (e.g. foreign objects, foaming, etc.).
• Consequential damages due to improper installation, lightning strike, power failure, frost or water damage.
• Repairs or revisions that become necessary not due to a malfunction but due to misuse or overuse.

If the SIBIRGroup AG service technician cannot detect a fault during a service call, the costs incurred for labour and travel time will be invoiced separately.

Consequential damages resulting from a machine defect – such as damaged laundry, crockery or spoiled food in refrigeration and freezing devices – will not be compensated.

Contract costs:

The annual premium is due in advance after invoicing and must be paid net within 30 days. In the event of rising labour and material costs, SIBIRGroup AG reserves the right to adjust the annual premium accordingly.

For devices located in areas not directly accessible by car, the annual premium will be determined individually.

Contract duration and termination:

The contract is concluded for a term of one year. If not terminated, the contract is automatically extended by another year.

The contract may be terminated by either party in writing with one month's notice before the end of the contract period.

In the event of contract termination, there is no entitlement to a refund of the already paid annual premium.

The stated annual premiums apply to contracts concluded directly after the warranty period.

The rights to all trademarks, logos, photos and texts related to SIBIRGroup AG products in brochures, flyers as well as in exhibition, sales promotion and POS materials and similar documents lie exclusively with SIBIRGroup AG. Delivery of such materials is subject to the dealer recognising these rights.

SIBIRGroup AG reserves the right to change the general terms and conditions at any time.

The contractual relationship is subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 and its amendments.

The place of jurisdiction for both parties is Spreitenbach/AG. SIBIRGroup AG may also sue the purchaser before the courts competent at their registered office/residence. Mandatory legal jurisdictions for consumer contracts remain reserved.

Version: 10.2025

SIBIRGroup AG, Management