Offers, services and deliveries by Roser AG, of Sternenfeldstrasse 30, CH-4127 Birsfelden ("Roser") shall be made exclusively on the following terms and conditions, unless a mandatory legal requirement or express written agreement between the Parties provide otherwise.
1. Offers shall always be non-binding and subject to confirmation. All customer orders shall require Roser's written confirmation in order to be legally effective.
2. The present Terms & Conditions shall be deemed accepted at the latest when the customer accepts the goods or service. The customer's terms of business and purchase shall not apply.
3. Drawings, illustrations, dimensions and other data in catalogues and other depictions of the goods shall only be binding if expressly confirmed in writing. The transfer of electronic product data or image data to third parties without the consent of Roser AG management is prohibited.
4. Information given by Roser about delivery dates shall always be non-binding. In exceptional individual cases, where delivery dates are designated as binding, the Parties shall allow a reasonable period of grace before refusing later performance.
5. All price and cost information shall refer to net prices, exclusive of value-added tax. Price information shall refer to goods ready for delivery at Roser's store, exclusive of transport costs.
6. Roser shall pick and measure the goods in the customary commercial way, unless goods are specifically designated by arrangement with the customer. In the case of burl, pyramid-grain or figured veneers and other types of wood grown in movement, leaves trimmed up to 5% below size shall not constitute defective goods.
7. Roser shall give no warranty or assurance in relation to specific properties of the goods or their usability. The same shall apply to employees of Roser, who are not authorised to make declarations to this effect to the customer.
8. If the goods are processed on behalf of the customer:
- Roser shall assume, without further checking, that the information given by the customer about such processing is complete and factually binding, and that its content is correct;
- the residues and waste pieces generated during processing shall belong to the customer; unless the customer gives express instructions to hold these ready or deliver them, Roser shall dispose of them at the customer's expense.
9. The product data listed in the webshop, associated pictures, detailed drawings, further documents etc. may not be passed on to third parties without the written consent of the Roser AG management. The party responsible may be held liable for any damage resulting from this. Roser shall have the right of part-performance.
Bonus system webshop: Roser leads in the webshop a STAR POINT SYSTEM from which every customer can benefit. Roser is entitled to change the points system at any time and without notice. In case of non-compliance with the payment conditions Roser is entitled to reduce the star credit.
10. The risk of deterioration and destruction of the goods shall pass to the customer on selection thereof or on processing ready for delivery. This provision shall also apply if Roser handles delivery of the goods by special agreement.
11. The storage of the goods from the selling date as well as the shipment shall take place on customer's account and risk even on a free delivered base consignment. We are entitled, but not obliged to cover insurance. The prosecution of any shipment damage is the duty of the consignee. Carriage of the goods within Switzerland shall take place for the customer's account and at its expense. If Roser confirms in writing that it will deliver the goods itself, the following arrangements shall apply:
- A transport cost supplement that includes heavy vehicle duty (currently 4.2% of the value of the goods) shall be charged for delivery;
- A small quantity surcharge of CHF 20 shall be payable on deliveries of goods worth less than CHF 250.
12. The goods shall remain Roser's property until full payment of all claims arising from the entire business association between the customer and Roser. If the goods are processed, Roser shall acquire proportionate co-ownership of the customer's related products. In case of third-party attachments, the customer shall draw attention to Roser's co-ownership. The customer hereby assigns claims against third parties, arising from the onward sale of the customer's products, up to the level of the payment claims existing in Roser’s favour. The customer shall transfer payments made to it by third parties to Roser until all existing payment claims have been satisfied.
13. The customer shall present complaints about the quality or processing of the goods in writing within eight days of receipt and, in all cases, before the goods are further processed. Defects that invisible before processing shall form an exception to this: the customer shall report them to Roser immediately on discovery. The same shall apply accordingly to the provision of individual services by Roser.
14. If the defects in the goods are more than minor, Roser shall, at its discretion, supply replacements or grant a reasonable price reduction. The customer shall have no further claims, especially for refund of costs and losses incurred by it through the further processing of the goods.
15. If a defect, in the terms of the law on the sale of goods, exists and was demonstrably present at the time the risk was passed, and if the buyer fulfilled its obligation to check the goods and notify defects, Roser AG may, at its discretion, repair the faulty component/item, supply a replacement or, if the buyer forgoes repair or a replacement, grant the buyer a reduction in the purchase price. This obligation shall be statute-barred and lapse 12 months after supply. After this point, the buyer shall have no claims whatsoever, irrespective of whether the defect is visible or hidden.
The buyer shall not have the above rights in relation to the following defects:
- natural wear;
- condition of the goods or damage occurring after the risk has been passed;
- condition of the goods or damage due to force majeure.
All further claims on the part of the buyer, such as rescission of sale, reduction of purchase price, compensation (including liability for consequential losses) etc. are hereby expressly excluded.
16. Roser may request a down-payment and require payment of reasonable instalments at any time. Until down-payments and instalments have been made, Roser shall not be bound to complete (further) services. If a payment deadline is missed, or circumstances become known which call the customer's creditworthiness into question, all Roser’s payment claims against the customer shall immediately fall due for payment.
17. Invoices shall be payable within 30 days net unless other terms are agreed. In case of default of payment, 5% default interest shall be payable plus a reminder fee of CHF 200. In case of collection, the costs incurred shall be charged.
18. The customer may only offset its payment obligation against claims arising from other contractual relations with Roser, or withhold money accordingly, if such claims are undisputed or established as res judicata.
19. The place of performance for both Parties shall be Birsfelden. The legal relations between the customer and Roser shall be governed by Swiss law, to the exclusion of all conflict of laws provisions. The place of jurisdiction shall be Birsfelden.
Roser AG, Birsfelden
Deviations from these terms and conditions, in particular also general terms and conditions of purchase of the Buyer, shall only become part of the contract if they are expressly accepted by the Seller in writing.
LSVA / Transport costs
min. CHF 15.— to max. CHF 290.— / truck
|Packing||Packaging costs charged to us by producers or suppliers will be passed on. Packaging plates are not taken back.|
|Pallets||If Roser AG has charged an amount for a pallet, this will be reimbursed with CHF 15.- for a pallet return.|
|Squared timber||Squared lumber is the property of Roser AG and must be returned without fail, otherwise a charge of CHF 15 will be made.|
|Cancellations and returns|
In principle, there is no return of goods.
|Goods on consignment|
As a rule, commissions are no longer taken back. Under/over deliveries of up to 10% of the ordered quantity cannot be objected to. The settlement is based on the actually delivered commission quantity.
|Reservation of ownership|
The contractual items shall remain the property of the Seller until the purchase price has been paid in full. The seller is entitled to have a corresponding reservation of title entered in the public register. The buyer is obliged to cooperate with the registration upon request of the seller.
The promised delivery periods and dates are given by the seller to the best of his ability and are observed to the best of his ability, but are non-binding and therefore do not entitle the purchaser to withdraw from the contract or to claim damages or other claims in the event that they are not met.
Partial deliveries or late deliveries do not entitle the recipient to withdraw from the contract or to claim damages, contractual penalties or other costs.
|Inspection and acceptance of the delivery|
The Buyer shall inspect the delivery upon receipt and notify the Seller in writing of any defects as soon as possible, at the latest within 5 days of receipt of the delivery. If he fails to do so, the delivery shall be deemed approved.
|Formats||Formats are normally given in cm, thickness in mm (first number = length of face veneer). Dimensions are subject to change without notice.|
|Terms of payment||30 days net. In the event of late payment, we shall be entitled to charge interest on arrears in the amount of 5% from the due date.|
Prices are quoted per m², m¹, piece or container, unless otherwise stated.
Prices are exclusive of VAT.
Prices are subject to change without notice.
We reserve the right to make technical changes, errors and misprints.
The operators of linked pages are solely responsible for their content and up-to-dateness.
|Small quantity surcharge||For deliveries with a value of less than CHF 300.00 we charge a small quantity surcharge of CHF 18.50. Excluded from this are direct purchases via our self-collection store and webshop orders.|
A warranty claim presupposes that the purchaser has immediately inspected the goods and given notice of a defect in good time and has stored and/or processed the goods properly and that the goods have not been used for an unsuitable purpose or improperly maintained.
The warranty is limited to the replacement delivery for defective goods. The warranty period shall last at most as long as the supplier of Roser AG is liable for the defective goods. Any further liability is excluded, in particular liability for consequential damages or compensation.
Cut to size
On request, we can cut sheets according to your specifications.
Choose from the following cutting types, which we will be happy to offer you.
1. Rough cut
|Separating cut with dimensional allowance|
2. Dimension cut
|Right-angled and clean cut - Tolerance ± 1 mm|
3. Finished cut
|Edge-finished, angle-accurate cutting for all panel types and form elements (where necessary, pre-scoring) - tolerance ± 0.2 mm|
|from the 1st plate|
CHF 10.- / cut.
The employees of Roser AG will be happy to cut your plates.
On request, we can supply you with finished parts in quantities of 1 or more.
Please ask us.