General Maintenance Contract Terms (GMCT)
General Terms and Conditions of Maintenance (AWB)
1. Warranty, Duration and Scope of Services
The purpose of a warranty is to minimize the inconvenience and cost to the customer in the event of a qualified repair case on a wine refrigerator or cigar humidor.
Services under the warranty contract include:
- Arrival of a technician
- Working hours of the technician
- Any transport of the device
- Spares
- If necessary, replacement and equivalent replacement of the device
Fault diagnosis: Before a repair call, SWISSCAVE carries out a fault diagnosis (telephone + e-mail). This requires the customer to provide information about the condition of the device and the environmental and operating conditions, such as temperature measurements, display readings over a meaningful period of time, checking and localizing unusual noise sources, etc.
It is quite possible that several questions will have to be asked in order to make a targeted diagnosis before a technician is called in. It is intended to carry out a repair in such a way that the cause of the error can be corrected with a single operation, if possible.
Duration: Maintenance contracts are concluded at the same time as the purchase of the device and begin on the date of device delivery or deployment. Maintenance can be extended up to the 5th year.
The announced maintenance fee refers to one device at a time.
If several similar devices are installed in one place, the warranty extension must cover all devices. It is not possible to cover only some of the devices.
Devices up to 24 months: the described scope of maintenance, including equivalent device replacement, applies in the event that a repair cannot be carried out economically.
Devices from 24 months: Maintenance can be extended beyond the age of 24 months with mutual agreement, whereby in this case the maximum repair effort or the partial entitlement to a replacement device (if repair is not economical) decreases linearly with increasing age, as follows:
Age: Total expenditure in % of the purchase price of the device (net without accessories):
24-36mt: 80%
36-48mt: 60%
48-60mt: 50%
Our service under the maintenance contract consists of supplying replacements for justified complaints about components as a result of material or manufacturing defects or remedying the corresponding defects of the delivered goods by repairing them at our own discretion in our factory or on site. In principle, a repair is carried out, if necessary with multiple repairs. There is no entitlement to replacement, reduction or rescission or only if a repair is not economical in our opinion and is therefore refrained from.
Transports: Equipment pick-ups and deliveries on floors (stairs) in connection with repairs are only included in countries where SWISSCAVE generally offers floor deliveries. In all other countries, any necessary device pick-up/delivery will take place from the curb. For more information on country-specific delivery terms, please see our delivery information.
Unless otherwise agreed by a separate contract signed by both parties, the warranty contract is limited exclusively to the repair or replacement of the damaged delivery items. The customer must ensure that he enables the necessary dates and periods for repairs, collections, deliveries, etc. and that someone is present at the device at the agreed time, that the device is free-standing (removed) and easily accessible at the time of the agreed repair, that there is enough space for the repair and that the device is cleanly cleaned and empty (all contents to be cooled, such as wine bottles, etc. have been cleared out of the device).
If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not meet the original specifications, any claim for repair under the terms of the warranty contract will be void. This also applies if the defect is due to improper use, storage, assembly and handling of the devices, third-party interventions or the opening of devices. Also excluded from the scope of the warranty contract are damages caused by force majeure, excessive stress, unsuitable equipment, extreme environmental influences, epidemics, pandemics, war or other extraordinary circumstances. Insignificant deviations from the assured properties of the goods as well as small scratches or discolorations on side walls, panels, door frames, inaccuracies of the digital displays, temperature values, humidity values, etc. do not trigger any maintenance claims. Costs and damages of any kind beyond the repair and, if necessary, replacement delivery at one's own discretion, in particular reassembly, removal and installation of the device in cabinet combinations, emptying and filling the equipment with wine bottles, cleaning of the device, etc., will not be covered.
Liability for normal wear and tear as well as consumables/accessories/etc. is excluded. Maintenance and other claims against SWISSCAVE are only available to the direct buyer and are not assignable. By replacing parts, assemblies or entire devices, no new maintenance periods come into force. SWISSCAVE is only liable for damage caused intentionally or by gross negligence. Liability for indirect damages, such as lost profits or loss of data, is excluded.
Customs formalities and costs in connection with repair cases are to be organized, managed and paid outside the EU countries, UK, CH and FL under the responsibility of and by the customer. The same applies to customs formalities in connection with spare parts deliveries or tool transports outside the EU countries, UK, CH and FL.
2. Exclusion
If our operating or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not meet the original specifications, any repair claims under the warranty contract are void. This also applies if the defect is due to improper use, storage, and handling of the devices, unauthorized interference, or the opening of devices. Damage caused by force majeure, excessive stress, unsuitable operating materials, or extreme environmental influences is also excluded from the scope of the warranty contract. Insignificant deviations from the guaranteed properties of the goods, such as minor scratches or discolorations on side panels, trims, door frames, inaccuracies in digital displays, temperature values, humidity values, etc., do not trigger any maintenance claims. Costs and damages of any kind that go beyond the repair or, at our discretion, replacement delivery, particularly reassembly, removal and installation of the device in cabinet combinations, emptying and refilling the devices with wine bottles, cleaning the device, etc., are not covered.
Liability for normal wear and tear, as well as consumables/accessories/etc., is excluded. Maintenance and other claims against SWISSCAVE are only available to the direct purchaser and are non-transferable. The replacement of parts, assemblies, or entire devices does not trigger new maintenance periods.
Customs formalities and costs related to repair cases outside the EU, UK, CH, and FL are the responsibility of the customer and must be organized, handled, and paid for by them. The same applies to customs formalities related to spare parts deliveries or tool transport outside the EU, UK, CH, and FL.
3. Duty to provide information
The parties shall draw each other's attention in good time to special technical requirements as well as to the legal, official and other regulations at the place of destination, insofar as they are important for the performance of the contractual service. Furthermore, the parties shall inform themselves in good time about obstacles that may call into question the contractual performance or lead to inappropriate solutions.
4. Applicability
The general terms and conditions (GTC) of SWISSCAVE AG apply to the warranty contract, where nothing else is noted.
5. Final Provisions
The place of jurisdiction is exclusively at the registered office of SWISSCAVE AG or in Freienbach, Switzerland. The parties will endeavour to settle any disputes arising from the performance of this contract amicably.
* This is a translation of the Terms and Conditions of Maintenance (AWB) from German. In case of any discrepancies or questions, the German version will be considered the primary reference.
09.2024 / SWISSCAVE AG, 8808 Freienbach, Switzerland