ionair ag
ionair Group Headquarters
Staldenhof 3A
6014 Lucerne
Switzerland

Phone +41 41 261 05 05
Fax+41 41 261 05 07
info@ionair.ch
www.ionair.ch

General Terms and Conditions of ionair ag
Terms of sale, delivery and payment
Scope of application
The following «General Terms and Conditions» are valid for all
services and products of ionair ag. ionair ag explicitly keeps the rightof changing the «General Terms and Conditions» at any time.
Decisive is always the version which was valid at the time of theconclusion of the contract. As long as there is no otherarrangement, the acceptance of the «General Terms andConditions» by the customer takes place if an order is made withionair ag.
Intellectual property
The products which are developed by ionair ag are the intellectual
property of ionair ag. All rights, including design, creation and otherrights of protection are reserved by our company.
The copying and transmission of extracts of the offer with enclosed
mechanical bulletins, data sheets and drawings to persons who are
not in a direct relationship with the company this offer was made to,needs a written approval of ionair ag.
Data ProtectionThe contract partners treat all facts confidentially which are notgenerally accessible or in public domain. The confidentiality is to beobserved before the conclusion of a contract and also remains valid
after the ending of the contractual relationship.
OffersIf not agreed otherwise,
1. the prices of the products, delivery, installation andcommissioning are to be understood as EXW ionair ag.
2. drawings, blueprints, patterns, test prints, samples and otherpreliminary work remain the intellectual property of ionair ag
and must not be used otherwise without our written acceptancein advance.
3. all prices are to be understood as net, exclusive VAT.
OrdersIn case of an order, the customer will automatically receive an orderconfirmation where he can find details of all articles, prices,conditions as well as delivery- and billing address. If nothing else isagreed in advance, the customer accepts our «General Terms andConditions» automatically in case of an order. The order of a client
involves the acceptance of the present contract conditions. Possible
purchase conditions of the customer are explicitly excluded.
Cancellation of an order
The customer has the possibility to cancel the order within 24 hours(from the date of receipt of the order) in written form. Otherwise,
ionair ag assumes that the customer accepts the order, inconnection with ionair ag order confirmation, and ionair ag starts
the production and delivery of the product.
Delivery/installation/commissioning
1. The date and time details for the time of delivery, installationand commissioning are to be understood as approximate data,
if not otherwise stipulated at customer’s risk. The customer
obligates himself to accept the goods and services from theapproximated time of delivery.
2. Material supplied by the customer is stocked at the risk of thecustomer.
3. The delivery time is met, if the consignment is ready for delivery
within the accepted time limit, at the place of production and thecustomer was informed about this. The time of delivery
depends on the place of delivery and the method of delivery.
The delivery is carried out when the consignment leaves theplace of production.
4. If there is no method of transport agreed, the products will besent by the method which appears to suit best.
5. The delivery times will be met by ionair ag in the best possible
way. ionair ag does not award damages for possible violationsof the time limit.
6. If necessary, due to practical reasons (e.g. deliveries of thirdparties which are produced at another time as the products

Version of 08. January 20197.

produced by ionair ag), ionair ag is generally authorized for partdelivery, for example dependent on the construction progress.
If the time limit for the acceptance of the complete consignmentis exceeded or cancelled after the time limit for acceptance,
ionair ag reserves the right of billing 12 % of the complete
value of the order as allowance for special expenditure.

Acceptance of delivery
1. It is the duty of the customer to control the contractual products
directly after receiving the consignment (verification period).
Any defect which occurs has to be reported in written form toionair ag within 8 days (from the date of the postmark, bill oflading, bill of delivery) after the receipt of the consignment(period allowed for examination and sending notice of a defector deficiency), so that ionair ag have the possibility to transfer
the defect goods, if applicable, to a supplier. If nothing isreported, the contractual products are to be understood asapproved. Hidden defects have to be reported to ionair ag
directly after occurrence.
2. Defects on one part can not lead to a claim on the wholeconsignment.
3. All risk and costs of the delivery are borne by the customer (ifnothing else was agreed upon). Claims of transport damages orloss are to be reported to the carrier. Transport damages haveto be reported to the carrier directly after the arrival of theconsignment.
4. With the method of delivery «free domicile» or «FCA»(Incoterms 2010), ionair ag delivery duty is fulfilled completely.
Use and risks are then to be borne by the customer. On thewish of the customer, ionair ag will arrange for a transport
insurance.
5. If the delivery is held up, on the wish of the customer, the riskgoes over to the customer on the date of delivery which wasagreed upon in the first place. From this point of time on theconsignment is stored at the risk and costs of the customer.
6. The deposit by truck only takes place on a ramp or any central,well accessible place. The costs for any additional service
during the deposit as well as for fast time delivery have to beborne by the customer (if nothing else is agreed upon).
Return consignment
Ordered contractual products are to be held as bindingly sold.
Without a written confirmation, no contractual products are takenback.
Prices and terms of payment
1. In all cases ionair ag reserves the right to deliver all orders
against payment in advance, cash on delivery or letter of credit.
2. The price which has to be paid by the customer refers to theorder confirmation and the invoice. Differences have to bereported after receipt of the order confirmation, at the latest
after 5 days.
3. The invoice is sent double with account information and by mail.
4. Our invoices are to be understood 30 days net (if nothing else isagreed and in written form).
5. In case that discounts are granted, payment has to be madewithin 10 days. Discounts are granted on the value of theproduct. If the invoice is not paid within 10 days after the date of
the invoice, we reserve the right to invoice the amount of thediscount.
6. After the time limit for payment runs off (date of expiration) thecustomer is in default and ionair ag reserves the right to holdback the delivery.
7. ionair ag remains the owner of the contractual products until thecomplete amount of the invoice has been paid (reservation ofproprietary rights). The customer empowers ionair ag, on thecosts of the customer, to list the reservation of proprietary rights
in a legal register. If the customer sells the products to a third
party without having paid the invoice completely, the proprietary
right is also reserved by ionair ag.
8. Invoices in Switzerland and for deliveries to Germany need tobe issued with VAT included. If the service is an installation orPage 1 of 2

maintenance service with material consumption in Germany,the §13b UstG (German Value Added Tax Act) is valid and theinvoices have to be issued VAT excluded. Invoices to othercountries are issued VAT excluded. Import turnover tax has tobe paid by the customer and can be claimed and proved by
prepaid tax.
9. ionair ag reserves the right, in case of an official currencychange of > 5 %, to adjust the prices.
10. In case of a delay of payment ionair ag reserves the right toinvoice an amount of CHF 50.00 for each reminder.
11. ionair ag reserves the right of gathering information about
credit-worthiness and payment experiences and to pass themon to the association Creditreform.
Guarantee
1. The guarantee service extends to the repairing of the goods inthe factory of Lucerne.
2. The buyer obliges himself to observe the instruction andinstallation manuals which are delivered together with thegoods, before he uses the goods. For defects, material orprocessing defects, which occur in case of correct usage after
the delivery, ionair ag grants replacement or repairing, at its
sole discretion. Other claims for damages are not accepted.
3. For defects that occur due to incorrect usage, natural disasters,
loss of production and due to resulting from usage beyond thenormal, ionair ag will not grant any replacements.
4. ionair ag grants a 2 year guarantee for the entire ionair®
systems. ionair ag grants a 1 year guarantee for ionair®
ionization tubes. The guarantee expires if the system is not be
maintained by our employees. The guarantee certificate forsystems is the acceptance report. For goods it is the date of theissued invoice. For repairing services it is the date of the issued
repair report.
Maintenance1. Services will be carried out and invoiced, if nothing else isagreed, with reference to the written maintenance contract
signed by both parties. The amount written down in themaintenance contract for the way to the customer includes thejourney there and the return journey for one time. ionair ag
reserves the right to invoice the customer for additional ways
and consumed materials.
2. ionair ag reserves the right, in case of an official currencychange of > 5%, to adjust the prices in the maintenancecontract.
3. ionair ag grants a 1 year guarantee on replacement-material
from the date of the installation on. The guarantee-certificate is
the maintenance report.
4. The customer is liable for malfunctions as well as material
damages and personal injuries which might occur due toincorrect maintenance work.
5. As a specialist and with the knowledge of the correct
maintenance, ionair ag guarantees for a professional service.
6. The customer agrees to give all necessary information and toprovide all required support ionair ag.
Applicable law and place of jurisdiction
1. As long as no other contracts exist, the issuing of an order
includes the acceptance of the «General Terms andConditions» by the customer.
2. Swiss Substantive Law is valid. The validity of the UN
Convention on Contracts for the International Sale of Goods of11 April 1980 (CISG, „Vienna Sales Convention”) is excluded.
3. Place of jurisdiction is Lucerne.

Version of 08. January 2019

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