Be-Fix AG is entitled to make partial deliveries if the partial delivery can be used by the customer within the contractual purpose.

If Be-Fix AG is unable to meet binding delivery deadlines for reasons beyond its control (e.g. operational, traffic, global market, or shipping disruptions, supply disruptions, war, acts of terrorism, epidemics, fire damage, unforeseeable shortages of labor, energy, raw materials or auxiliary materials, strikes, lockouts, official orders), it shall inform the customer accordingly and at the same time communicate the expected new delivery date. If the service is also unavailable within the new delivery period, Be-Fix AG shall be entitled to withdraw from the contract in whole or in part; any consideration already provided by the customer shall be refunded without delay.

In particular, late self-supply by a supplier of Be-Fix AG shall be deemed a case of non-availability without fault within this meaning.

Claims for damages by the customer due to non-delivery or delayed delivery (e.g. waiting times, scaffold rental, standby times, contractual penalties, etc.) are excluded.

If delivery becomes impossible or unreasonable due to circumstances within the customer’s sphere of risk, the delivery period shall be extended by the duration of the impediment plus a reasonable start-up period. The same applies insofar as Be-Fix AG is entitled to a right of retention.



1.9 Order Modifications

Order modifications are any deviations from the contractually agreed service of Be-Fix AG.

Order modifications must be agreed in writing in advance. There is no entitlement of the customer to order modifications.

Goods that were produced for the customer prior to an order modification shall be charged to the customer in any case.





1.10 Returns

The customer has no entitlement to return unused goods.

Current catalog goods in resalable, flawless condition may be returned within 15 days after delivery, subject to prior approval by Be-Fix AG, carriage paid, free works or branch.

Reimbursement shall be made after deduction of administrative and sales costs as well as any costs required for rework and repackaging. Cable clamps and other small parts will only be accepted back in unopened packaging units.

Custom-made materials are excluded from return.

Confirmed orders that are not called off or not fully called off, as well as call-off orders, shall be invoiced. Order cancellation is not possible.



1.11 Inspection, Warranty

The customer shall inspect the goods immediately upon receipt.

Obvious defects must be reported to Be-Fix AG in writing within 7 days after receipt of the goods – with immediate cessation of processing/use – or, if the defect becomes apparent later, within 7 days after discovery.

If notice of defects is not given within the specified periods, the goods shall be deemed approved and warranty claims forfeited.

In the event of defective services/products, Be-Fix AG shall initially provide warranty at its discretion by repair or replacement. The customer may only invoke failure of repair if two attempts at repair have failed or if a reasonable period has elapsed since the notice of defect without successful subsequent performance. A reasonable period shall correspond to the contractual delivery period, but at least 4 weeks.

No warranty claims exist in the case of only insignificant deviation from the agreed or expected quality and/or usability, normal wear and tear, or damage arising after transfer of risk due to improper or negligent handling, excessive use, unsuitable operating equipment, defective construction work, unsuitable building ground, or special external influences that are not normally to be expected.

Color deviations or discolorations do not constitute grounds for complaints.

Warranty for frost and de-icing salt resistance shall only be assumed if this property has been expressly warranted in the written order confirmation.

The limitation period for warranty claims is 1 year. This does not apply to goods that have been used for a structure in accordance with their usual purpose (5 years).

The limitation period shall commence, depending on the agreement, with collection, delivery, or handover of the work by Be-Fix AG

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1.12 Liability

The liability of Be-Fix AG is limited to defects in the goods (warranty).

Beyond this, Be-Fix AG excludes any contractual and non-contractual liability, in particular for consequential damages and indirect damages suffered by the customer or third parties (delay, scaffold rental, administrative expenses, contractual penalties, etc.), subject to mandatory statutory provisions.

In particular, any contractual and non-contractual liability of Be-Fix AG is excluded in cases of improper use or handling, faulty processing or installation, normal wear and tear, excessive use, non-compliance with regulations or instructions for use, defective construction work, unsuitable building ground, incorrect or improper maintenance, improper storage, or modifications or interventions to the goods.

Subject to mandatory statutory provisions, Be-Fix AG assumes no liability for manufacturing or material defects of goods sourced from its suppliers.

To the extent that Be-Fix AG provides technical information or advisory services and such information or advice does not form part of the contractually agreed scope of services owed by Be-Fix AG, this shall be done free of charge and under exclusion of any liability.

To the extent that Be-Fix AG is liable for damages in principle under this paragraph, such liability shall be limited to damages that Be-Fix AG foresaw as a possible consequence of a breach of contract at the time of contract conclusion or that it should have foreseen when exercising customary care. Indirect damages and consequential damages resulting from defects of the delivered item shall only be compensable insofar as such damages are typically to be expected when the delivered item is used as intended.



1.13 Intellectual Property Rights

Be-Fix AG retains the copyright to all documents created by it, in particular quotations, bills of quantities, illustrations, drawings, plans, calculations, and samples. It is not permitted to reproduce, use, and/or make these available to third parties without the express consent of Be-Fix AG.

The liability of Be-Fix AG is limited to defects in the goods (warranty).



1.14 Severability Clause

If provisions of the contract between the parties or these General Terms and Conditions are incomplete, legally invalid, or unenforceable for other reasons, the validity of the remaining contract shall not be affected. To fill such gaps, those legally effective provisions shall be deemed agreed which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions had they been aware of the gap.



1.15 Place of Jurisdiction; Governing Law

The place of jurisdiction for disputes arising from the business relationship between the parties shall be the registered office of Be-Fix AG (Nidfurn). However, Be-Fix AG shall also be entitled to bring an action at the customer’s place of business. Swiss law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).



Subject to change – Version 12.2025