SWISSCAVE General Maintenance Contract Terms (GMCT)

1. Maintenance, Duration and Scope of Service

The purpose of the maintenance contract is to minimize the circumstances and costs for the customer in case of a qualified repair on a wine cooler or cigar humidifier.

Services provided under the maintenance contract include:

  • Access of a technician
  • Working time of the technician
  • Every possible transportation of the equipment
  • Spare Parts
  • Exchange and equivalent replacement of the equipment if necessary

Error diagnosis: SWISSCAVE carries out an error diagnosis (telephone + email) before a repair operation. This requires customer information about the condition of the equipment and the environment and operating conditions, such as temperature measurements, display readings over a meaningful time period, checking and localization of unusual noise sources etc.
It is quite possible that you have to ask several times to make a meaningful diagnosis before a technician is called up. It is intended to carry out a repair in such a way that the cause of the fault can be remedied as far as possible with a single insert.

Duration: Maintenance contracts are concluded at the same time as the purchase of the equipment and begin with the date of the delivery or deployment of the equipment. If maintenance contracts are subsequently concluded, an independent service technician must ensure in writing that the equipment is defect-free at the time of conclusion of the maintenance contract. In addition, a waiting period of 3 months applies. The equipment must not be more than 24 months old at the time of maintenance. An extension of the maintenance is possible until the 3rd year.
The maintenance fee is for one year and for one equipment.
If several similar equipment are installed in one location, the maintenance contract shall cover all equipment. It is not possible to cover only part of the equipment.

The maintenance contract can be renewed annually (no automatic renewal).
Equipment up to 36 months: the described maintenance scope including equivalent equipment replacement applies in the event that a repair is not economically feasible.
Equipment from 36 months: End of contract period.
The maintenance can be extended beyond the age of 36 months by mutual consent, in which case the maximum repair effort or partial entitlement to an exchange equipment (if repair is not economical) decreases linearly with an increasing age as follows:
Age:                                             Total expenditure in% of the purchase price of the unit (net without accessories):
36-48m:                                       60%
48-60m:                                       50%
60-72m:                                      40%
Etc.

Our performance within the scope of the maintenance contract is that we provide replacement for justified complaints of components due to material or manufacturing defects or the corresponding defects of the goods to be delivered by repairs in our factory or site at our own choice. In general, a repair is carried out, if necessary with multiple rework. There is no claim for compensation, reduction or repackaging unless a repair in our opinion is not economic and therefore is not taken into account.

Transports: Equipment collection and deliveries on floor (stairs) in connection with repairs is only included in countries where SWISSCAVE supplies are generally offered. Currently, these are: DE, AT, CH, UK, IE, BE, LU, CZ, PL (mountain and peripheral regions on request).
In all other countries, there is a necessary equipment pick-up/delivery from the curb.

The scope of maintenance is limited to the repair or replacement of the damaged delivery items, unless otherwise agreed with a separately signed two-sided contract. The customer has to ensure that the necessary dates and periods for repairs, pickups, deliveries, etc. are made available and that someone is present at the agreed time, so that the equipment is freestanding (expanded) and easily accessible, that there is sufficient space for the repair and that the appliance is clean and empty (all contents which need to be cooled, such as wine bottles, etc. are removed from the equipment).

2. Exclusion

If our operating or maintenance instructions are not followed, changes are not made, parts are not replaced or consumables which do not correspond to the original specifications are used, any claims for repair shall be omitted under the terms of the maintenance contract. This also applies to the case that the defect occurred as a result of improper use, storage and handling of the equipment, or foreign intervention and opening of the equipment. The scope of maintenance contract also excludes damage caused by force majeure, excessive stress, unsuitable operating equipment or extreme environmental influences. Insignificant deviations from the assured properties of the goods as well as small scratches or discolorations on the side walls, screens, door frames, inaccuracies of the digital displays, temperature values, moisture values, etc. do not cause any maintenance claims. Costs and damages of any kind, in particular re-assembly, removal and installation of the equipment in cabinet combinations, emptying and filling of the equipment with wine bottles, cleaning of the appliance, etc., will not be incurred as a result of the repair.
A liability for normal wear, as well as consumables / accessories / etc. Is excluded. Maintenance and other claims against SWISSCAVE are only granted to the immediate purchaser and cannot be separated. No new maintenance periods will take effect due to the exchange of parts, building groups or entire appliances.
Customs formalities and costs related to repairs shall be the responsibility of customers outside the EU, UK, CH and FL and must be arranged, managed and settled by the customer. The same applies to customs formalities in connection with spare parts deliveries or tool transports outside EU countries, UK, CH and FL.

3. Obligation to provide Information

The parties shall inform each other in good time and in a timely manner on special technical conditions, as well as on the legal, official and other regulations at the place of the destination insofar as they are for the execution of the contractual performance of the declaration. Furthermore, the parties are informed in good time about obstacles which may jeopardize the fulfillment of the contractual obligations or lead to unsuitable solutions.

4. Applicability

The General Terms and Conditions (GTC) of SWISSCAVE AG apply to the maintenance contract, unless otherwise noted.

5. Final Provisions

The court of jurisdiction is exclusively at the seat of SWISSCAVE AG or in Freienbach, Switzerland. The parties will endeavor to settle any disputes arising from the implementation of this agreement in an amicable manner.

7.2017 / SWISSCAVE AG, 8808 Freienbach, Switzerland