Terms and conditions.
These terms govern deliveries and services by KO PLAN to trade businesses and companies. They apply by analogy to private clients, subject to mandatory consumer law.
1. Scope
These terms apply to all quotations, deliveries and services by KO PLAN. Differing or additional terms of the purchaser apply only where KO PLAN acknowledges them expressly and in writing. Objection to third-party purchasing terms is deemed declared.
2. Quotation and conclusion of contract
Quotations are non-binding and valid for [[VALIDITY PERIOD TO BE SET, FOR EXAMPLE 30 DAYS]]. The contract is concluded by KO PLAN's written order confirmation. Only the order confirmation is decisive for scope, execution, dimensions and colour, not the illustrations or details on this website.
3. Prices
Prices are in Swiss francs excluding VAT, delivery term [[DELIVERY TERM TO BE SET, FOR EXAMPLE EX WORKS OR FREE SITE]]. Special colours outside the seven standard RAL shades, special versions, site measurement and installation are invoiced separately. If material, freight or exchange rate costs change significantly between conclusion of contract and delivery, KO PLAN may request an adjustment.
4. Payment terms
[[PAYMENT PERIOD AND ANY DEPOSIT TO BE SET, FOR EXAMPLE 30 DAYS NET, 50 PER CENT DEPOSIT ON FIRST ORDERS]]
In the event of late payment, default interest is due without reminder. KO PLAN may withhold further deliveries until outstanding invoices are settled in full.
5. Delivery and transfer of risk
Delivery periods are stated in the order confirmation and are indicative. Delays at the manufacturer, in transport or due to force majeure give rise to no claim for damages or rescission, to the extent permitted by law. Benefit and risk pass to the purchaser, or to the carrier named by the purchaser, on handover.
6. Retention of title
Delivered goods remain the property of KO PLAN until paid in full. The purchaser authorises KO PLAN to register the retention of title at the location of the goods and cooperates in doing so.
7. Inspection, notice of defects and warranty
The purchaser inspects the goods immediately on receipt. Apparent defects and transport damage must be reported in writing within [[NOTICE PERIOD TO BE SET, FOR EXAMPLE 8 DAYS]], hidden defects immediately on discovery. Without such notice the goods are deemed accepted.
The warranty of the manufacturer Floros Fine Shading applies: five years on mechanics, folding arms, cassettes, plastics and clear PVC, as well as on the Floper, Skyline and Formula systems. Motors carry the warranty of their respective manufacturer. Installation by trained personnel and annual servicing are prerequisites. Excluded are normal wear, damage caused by wind, snow, hail or improper operation, and unauthorised interventions.
8. Liability
KO PLAN is liable for damage caused intentionally or through gross negligence. Liability for slight negligence, consequential damage, loss of profit, production downtime and third-party claims is excluded to the extent permitted by law. Mandatory provisions of product liability law remain reserved.
9. Installation
Where KO PLAN carries out the installation, the purchaser ensures the on-site conditions: load-bearing substrate, free and safe access, electrical and water connections, and any required permits. Delays or additional costs resulting from missing conditions are borne by the purchaser.
10. Data protection
The processing of personal data is governed by the privacy policy of this website.
11. Governing law and jurisdiction
Swiss law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is [[JURISDICTION TO BE SET, AS A RULE THE REGISTERED OFFICE OF KO PLAN]].