General Terms and Conditions (GTC) of Evodrop AG
(applicable to contracts where the customer’s registered office or branch is located in Switzerland)

 

§1 Scope of Application
(1) These General Terms and Conditions (hereinafter “GTC”) of Evodrop AG (hereinafter “Evodrop” or “we”) apply to all transactions involving delivery to the customer by Evodrop, provided that the customer has its place of business in Switzerland.
(2) These GTC apply to contracts with business customers as well as to contracts with consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
(3) These GTC apply exclusively. The inclusion of any terms and conditions of the customer that conflict with, supplement, or deviate from our General Terms and Conditions is hereby rejected. Such terms and conditions shall not apply even if we carry out the delivery to the customer with knowledge of, or without expressly objecting to, the customer’s General Terms and Conditions.
(4) These General Terms and Conditions also apply to future transactions between Evodrop and the customer without the need for renewed inclusion.

 

§2 Rights to Documents
(1) Offers, cost estimates, and other documents remain our property and may only be made available to third parties with our prior written consent.
(2) All (copyright) rights to samples, fixtures, tools, drawings, cost estimates, designs, and plans produced by us—in particular, patent, copyright, and inventor’s rights—are exclusively vested in Evodrop AG. They may only be made available to third parties if we have expressly granted our written consent to do so.
(3) The provision of the aforementioned items and documents does not constitute a transfer or grant of rights (license to use).

 

§3 Conclusion of the Contract
(1) Unless otherwise expressly stated, our offers are subject to change and non-binding.
(2) The contract is not concluded until we issue a written order confirmation or begin providing services. We are entitled to accept an offer submitted by the customer by means of a written order confirmation within ten business days of receiving the offer. If the contract is concluded through the provision of services, such services must be rendered by Evodrop within three weeks of receiving the customer’s offer. Otherwise, no contract is concluded.

 

§4 Scope of the Contract
(1) The services to be provided under the contract are determined by the agreement reached, in particular the order confirmation.
(2) Any guarantee agreement must be in writing to be valid. This does not affect the statutory warranty claims under Swiss law. The warranty terms for the respective products are available on the website and in all offers.
(3) Subsequent changes or adjustments to the services to be provided by Evodrop are permitted, provided they are customary in the trade or technically necessary and do not place an unreasonable burden on the customer.

 

§5 Delivery Time; Delivery Period; Force Majeure
(1) Unless otherwise specified in individual cases, delivery periods are approximate. Evodrop will notify the customer of the actual delivery date in writing with reasonable advance notice, typically two weeks.
(2) The start of a delivery period is contingent upon the resolution of all technical issues. The delivery period does not begin until the customer has fulfilled their obligations to cooperate in this regard.
These obligations to cooperate include, in particular, coordination with the installer and, if necessary, obtaining the required approvals from the landlord.
(3) If the customer is obligated to make advance payments—such as a down payment—an agreed-upon delivery period shall not begin until the customer has fulfilled these obligations.
(4) Evodrop is entitled to raise the defense of non-performance of the contract.
(5) An agreed-upon delivery period is subject to complete and timely delivery by our contractual partners (reservation regarding our own supply).
(6) In addition to the statutory warranty, Evodrop grants the following voluntary manufacturer’s warranties:
– For drinking water systems: a warranty period of 5 years
– For domestic water systems: a warranty period of 5–20 years depending on the housing type
The warranty covers material and manufacturing defects under proper use and regular maintenance.
A prerequisite for maintaining the warranty is annual maintenance in accordance with the manufacturer’s specifications.
There is no further warranty obligation, in particular for consequential or installation costs.
This warranty applies in addition to the statutory warranty and does not limit it.
(7) The delivery period shall be extended appropriately in the event of force majeure, in particular—but not exclusively—due to floods, natural disasters, raw material shortages, terrorist attacks, or strikes. Evodrop shall immediately inform the customer of the occurrence of force majeure and the expected end of such circumstances. If the force majeure event continues uninterrupted for more than six weeks, or if the delivery date is delayed by a total of more than eight weeks due to force majeure, the customer is entitled to cancel the contract. In the event of force majeure, the assertion of any further claims is excluded.
(8) We are willing to make partial deliveries, provided this is not unreasonable for the customer.

 

§6 Transfer of Risk
(1) The risk of accidental loss passes to the customer, its carrier, or a third party designated by the customer upon delivery.
(2) If the customer fails to accept the goods declared ready for delivery at the time of delivery (§5), the risk of accidental loss passes to the customer at the time of delivery.

 

§7 Default in Acceptance; Damages for Delay
(1) If the customer fails to accept the goods on time or otherwise defaults on acceptance, the customer shall owe Evodrop an amount equal to 0.5% of the order value or the value of the partial delivery for each week or portion thereof, up to a maximum of 5% of the order value or the value of the partial delivery, as compensation for damages. In individual orders, Evodrop AG reserves the right to include contractual penalties in the contract that are proportional to the volume of the order. This applies only to businesses.
(2) The customer reserves the right to prove that the damages were lower, and Evodrop reserves the right to prove that the damages were higher.

 

§8 Prices; Terms of Payment; Price Adjustments
(1) All prices are net prices and are exclusive of the statutory value-added tax applicable at the time of delivery.
(2) The customer shall bear all other costs that may arise, in particular those related to payment processing, transportation, import and export duties, fees, etc.
(3) Unless otherwise agreed in individual cases, all prices are “ex works” (EXW Incoterms 2010), Brüttisellen (Zurich), Switzerland.
This provision applies only to businesses.
(4) The deduction of a cash discount requires a separate agreement in each individual case.
(5) Payments are due within 20 days of the transfer of risk.
(6) If more than fourteen weeks elapse between the conclusion of the contract and the transfer of risk, and we are not at fault for this delay, we are entitled to increase the price in accordance with the additional production costs we have incurred, in particular due to increased raw material prices.

 

§9 Notice of Defects
(1) The customer is obligated to inspect the services rendered for defects within ten (10) business days of the transfer of risk and to notify us of any defects discovered without delay, within a maximum of three (3) business days.
(2) Any defects discovered must be reported to us in writing. The notice of defect must include a detailed description that clearly identifies the presumed causes and the resulting effects. Upon request, suitable documentation, in particular photographs, must be provided to us.
(3) If the customer fails to comply with the obligation to inspect and notify of defects as specified above, the service shall be deemed approved and the customer shall not be entitled to any warranty claims. This shall not apply if we have fraudulently concealed the defect.
Mandatory statutory warranty rights remain unaffected.
(4) The customer is obligated to bear the costs incurred by Evodrop in connection with an unjustified complaint regarding a defect.
(5) The time periods specified in Sections 1 and 2 shall not begin—provided that Evodrop is required to provide documentation—until the customer has received such documentation.
(6) The customer is entitled to a money-back guarantee:
Building systems: 180 days
Drinking water systems: 30 days
The money-back guarantee covers 100% of the product costs (excluding installation or removal costs)
(7) In the event of dissatisfaction of any kind, the invoiced product costs, minus installation costs, cartridges, or any discounts granted, may be refunded. The cost of removal must be borne by the customer and is not included in the money-back guarantee.
(8) If verifiable limescale protection is present in the building’s systems, the right to the money-back guarantee is completely forfeited. The tests are validated using evaporation and TOC/COD.
(9) If the systems are not maintained according to the specified intervals, all warranties are void. If significant differences are detected during analysis, limescale protection is deemed to be present and the warranty is void.
(10) If a third party performs the installation: The installer is obligated to provide Evodrop with the customer’s information; if the installer fails to do so, the installer automatically assumes responsibility for ensuring that the customer performs maintenance in accordance with the specifications.
Evodrop excludes all liability in the event of failure to comply with the annual maintenance of the home system as well as the specified maintenance of the drinking water filter indicated by an audible signal.
(11) Since sales partners act independently and receive a share of sales revenue, they assume full responsibility for compliance with and handling of warranty claims vis-à-vis their customers. Furthermore, Evodrop AG is not liable for warranty obligations that were independently granted or promised by sales partners.
(12) Please note that we cannot assume any liability for the functionality, condition, or any defects in the existing installation, as well as its wiring and connections. Our responsibility applies exclusively to the components we supply and their professional installation within the scope of the current project.

 

§10 Warranty
(1) Evodrop shall provide subsequent performance by repair or replacement (delivery of a defect-free item). The choice of the type of subsequent performance is at Evodrop’s discretion.
(2) Evodrop is entitled to provide subsequent performance within a reasonable period of time, but generally no longer than two months.
(3) Warranty claims for defects attributable to improper handling by the customer or failure to follow the instructions for use are excluded.
(4) Warranty claims based on defects—with the exception of claims for damages—are subject to a statute of limitations of twelve months from the transfer of risk for business customers. For consumers, the statutory warranty period of two years applies.
(5) Section 11 also applies to claims for damages.

 

§11 Liability
(1) Evodrop is liable in accordance with statutory provisions for all damages resulting from injury to life, body, or health in the event of a culpable breach of duty.
(2) Evodrop is liable in accordance with statutory provisions in the event of a culpable breach of material contractual obligations. However, liability is limited to foreseeable damages typical for this type of contract if Evodrop does not breach essential contractual obligations intentionally or through gross negligence. Essential contractual obligations are those that are absolutely necessary to achieve the purpose of the contract and on whose fulfillment the customer may rely.
(3) Evodrop is liable for intentional and grossly negligent breaches of non-essential contractual obligations.
(4) Evodrop is liable in accordance with the provisions of the Swiss Product Liability Act.
(5) In all other respects, liability is excluded. Mandatory statutory liability provisions remain unaffected.

 

§12 Set-off; Right of Retention
(1) The customer may set off claims only against undisputed or legally enforceable claims.
(2) Paragraph 1 applies mutatis mutandis to the exercise of a right of retention
(3) Paragraphs 1 and 2 do not apply if this would prevent the customer from asserting a claim that is closely linked to the claim asserted by Evodrop.

 

§13 Retention of Title
(1) Goods delivered by us remain our property (goods subject to retention of title) until all claims arising from the business relationship have been paid in full. This retention of title is not waived by installation or combination with another item. The customer is entitled to dispose of the goods subject to retention of title in the ordinary course of business. In the case of an open account, the retention of title serves as security for the balance due to Evodrop.
(2) The customer is obligated to insure the goods subject to retention of title adequately against fire, water damage, and theft at its own expense.
(3) Any processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of Evodrop. If goods subject to retention of title are processed together with other items not belonging to Evodrop to form a new item, Evodrop shall acquire co-ownership of the new item. The share of co-ownership shall be calculated based on the value of the goods subject to retention of title in relation to the value of the other processed or transformed items at the time of processing or transformation.
(4) If the customer combines or mixes the goods subject to retention of title to form a single item, and if one of the other items is to be regarded as the principal item, Evodrop shall be entitled to a proportional share of ownership in the resulting item. The share of co-ownership shall be calculated based on the value of the goods subject to retention of title in relation to the value of the other combined or mixed items at the time of combination or mixing. The customer hereby assigns this co-ownership to Evodrop, and Evodrop hereby accepts such assignment.
(5) The customer hereby assigns to Evodrop, as security, all claims against third parties arising from the resale of the goods subject to retention of title, together with all ancillary rights. Evodrop accepts this assignment. The customer undertakes to reserve title to the goods vis-à-vis its customers until the purchase price has been paid in full. Evodrop is authorized to collect the resulting purchase price claims on behalf of Evodrop until such authorization is revoked or until payments to Evodrop are suspended. The customer is not authorized to assign this claim. Evodrop will revoke the collection authorization only if the customer is in default of payment or if a petition is filed to open insolvency proceedings against the customer’s assets. In the event of revocation of the collection authorization, the customer must provide Evodrop with the information necessary to collect the receivable, including the relevant supply contracts with its customers, the invoices, and an overview of the payments made by the customers to the customer.
(6) The customer must immediately notify Evodrop in writing of any third-party access to goods owned by Evodrop—in particular, enforcement measures against the goods subject to retention of title and Evodrop’s receivables—and must provide the information and documents necessary to defend against such actions.
(7) If the realizable value of the security interests to which Evodrop is entitled exceeds all of Evodrop’s outstanding claims against the customer by more than ten percent, Evodrop is obligated, at the customer’s request, to release the security interests. Evodrop shall have the right to select which security interests are to be released.

 

§14 Jurisdiction; Governing Law
(1) The exclusive place of jurisdiction is the court with jurisdiction over Evodrop’s registered office in Zurich, Switzerland.
(2) Evodrop is also entitled to bring an action against the customer at the customer’s general place of jurisdiction.
(3) Swiss law applies.

 

§15 Written Form
(1) All amendments and additions to these General Terms and Conditions, as well as any waiver of their applicability, must be made in writing in accordance with Art. 11(1) OR and Art. 16(1) OR. This also applies to any waiver of the written form requirement.

 

§16 Severability Clause
(1) Should one or more provisions of these General Terms and Conditions, or parts of a provision, be invalid, such invalidity shall not affect the validity of the remaining provisions or of the contract as a whole.
(2) The parties undertake to agree by mutual consent on a valid provision to replace the invalid provision, which shall come as close as possible to the invalid provision in economic terms. Paragraphs 1 and 2 shall apply mutatis mutandis in the event of a loophole.

 

§17 Marketing and Communication Obligations
Evodrop’s distribution partners agree to publish all current product and sales materials (brochures, technical data sheets, product descriptions) provided by Evodrop on their website immediately upon receipt and in unaltered form, and to make them available to end customers there. Any changes, modifications, or edits to the texts or content are prohibited without Evodrop’s express written consent.
The sales partner must exercise due care to ensure that all information is always identical to the official Evodrop documentation. In the event of a breach of this obligation, Evodrop reserves the right to terminate the sales agreement without notice or to claim damages.

 

§18 Inspection of the bypass system during installation

1. The customer shall ensure that the installation of Evodrop AG equipment is carried out exclusively by a qualified plumber or building services engineer.
2. As part of the installation, the installer is obliged to check the existing bypass system and any newly installed or replaced bypass modules to ensure that they are in perfect working order and correctly adjusted. This applies regardless of the manufacturer or age of the bypass system.
3. Since bypass designs vary technically depending on the manufacturer and type, the inspection must be carried out before or at the latest during installation of the Evodrop system. Any defects, malfunctions, leaks, or necessary adjustments to the bypass system must be documented before commissioning and communicated to the customer.
4. If this proper inspection is not performed, or if the existing bypass system is defective, inoperable, or incorrectly adjusted, Evodrop AG assumes no liability for any resulting malfunctions, consequential damages, system failures, or additional expenses arising therefrom. Any additional expenses, service calls, or investigations attributable to an inadequate inspection, a defective bypass, or an incorrectly adjusted bypass will be billed to the customer on a time-and-materials basis in accordance with the current price list.

 

§19 Special Provisions for Consumers
(1) The obligations to inspect and report defects set forth in §9 do not constitute preclusive deadlines with respect to consumers. Consumers are requested to report any apparent defects as soon as possible.
(2) For consumers, the statutory warranty period is two years from the date of delivery of the goods.
(3) The provisions in §7(1), §8(3), and §6(1) and (2) apply to consumers only to the extent permitted by law.

General Terms and Conditions (GTC) of Evodrop AG
(applicable to contracts where the customer’s registered office or branch is located outside Switzerland)

 

§1 Scope of Application
(1) These General Terms and Conditions (hereinafter “GTC”) of Evodrop AG (hereinafter “Evodrop”) apply to all transactions involving the delivery and the provision of services related to such delivery to the customer by Evodrop, provided that the customer has its registered office or branch outside of Switzerland.
(2) These GTC apply exclusively to contracts with business customers. Consumers as defined by the applicable law are excluded from this version. A business customer is any natural or legal person or partnership with legal capacity that, at the time of concluding the contract, is acting in the course of its commercial or self-employed professional activity.
(3) These General Terms and Conditions apply exclusively. The inclusion of any terms and conditions of the customer that conflict with, supplement, or deviate from our General Terms and Conditions is hereby rejected. Such terms and conditions shall not apply even if we carry out the delivery to the customer with knowledge of, or without expressly objecting to, the customer’s General Terms and Conditions.
(4) These General Terms and Conditions also apply to future transactions between Evodrop and the customer.

 

§2 Rights to Documents
(1) Offers, cost estimates, and other documents remain our property and may only be made available to third parties with our prior written consent.
(2) All (copyright) rights to samples, fixtures, tools, drawings, cost estimates, designs, and plans produced by us—in particular, patent, copyright, and inventor rights—belong exclusively to us. These documents and rights may only be made available to third parties if we have expressly granted our written consent to do so, in which case written form alone is sufficient.
(3) The provision of the aforementioned items and documents does not constitute a transfer or grant of rights (license to use).

 

§3 Additional Obligations of the Customer
(1) The customer is obligated to promptly notify us of all binding legal regulations applicable at its place of business or at the destination of the goods known to it, provided that such binding legal regulations conflict with the terms of this contract or could impair the performance of this contract.
(2) The customer agrees to provide us with full support if we are required to take measures in connection with the performance of this contract in the country where the customer is headquartered or where the destination of the goods, as known to the customer, is located.

§4 Conclusion of Contract
(1) Our offers are generally subject to change without notice. This also applies if, at the customer’s request—in particular for the purpose of complying with regulatory requirements—we provide a pro forma invoice or similar statements.
(2) The contract is not concluded until we issue a written order confirmation. For large orders, distributors, and similar cases, advance payment of at least 50% of the order value is required. Production and delivery will always take place only after these contractual conditions have been met.
(3) An offer submitted by the customer is irrevocable for a period of two weeks from the date of receipt by Evodrop. This does not apply if the customer has expressly reserved the right to revoke the offer in writing.

 

§ 5 Content of the Contract
(1) The performance owed under the contract is determined by the agreement set forth in the order confirmation or, failing that, by the customary purpose of use of goods of the same type. A specific intended use specified by the customer shall only be decisive if we were expressly notified of this intended use in writing prior to the conclusion of the contract; in this regard, the written form is required.
(2) The subject matter of the contract is in compliance with the contract provided that it satisfies the legal requirements, in particular the governmental, public-law, or regulatory requirements at our place of business.
We are only responsible for compliance with import, registration, or other requirements at the customer’s place of business, in the country of the goods’ destination known to the customer, or in any other third country, if we have provided an express written commitment in the prescribed form and the customer fulfills its obligations to cooperate with respect to existing requirements, in particular pursuant to § 3. In principle, it is the customer’s responsibility to obtain any necessary approvals.
(3) Technical specifications of our products, such as weight and dimensional data, performance and property descriptions, as well as illustrations, drawings, and other documents, do not constitute guarantees of quality. Certain properties are considered guaranteed only if a separate written agreement (guarantee of quality) has been concluded. The written form of the guarantee declaration is decisive.
(4) Any documentation must be provided in German. Any agreement obligating Evodrop to provide documentation in another language must be in writing.
(5) Subsequent changes or adjustments to the services owed by Evodrop are permitted provided they are customary in the trade or technically necessary and do not impose an unreasonable burden on the customer.
(6) In addition to the statutory warranty, Evodrop provides the following voluntary manufacturer’s warranties:
– For drinking water systems: a warranty period of 5 years
– For domestic water systems: a warranty period of 5–20 years depending on the housing type
The warranty covers material and manufacturing defects under proper use and regular maintenance.
A prerequisite for maintaining the warranty is annual maintenance in accordance with the manufacturer’s specifications.
There is no further warranty obligation, in particular for consequential or installation costs.
This warranty applies in addition to the statutory warranty and does not limit it.

 

§ 6 Delivery Period; Force Majeure; Partial Delivery; Failure to Meet the Delivery Period
(1) Unless otherwise specified in individual cases, delivery periods are approximate. Evodrop shall notify the customer of the actual delivery date in writing with reasonable advance notice, typically two weeks. Subject to the provisions of paragraphs 2, 3, 5, and 6 below, the actual delivery date to be notified may not be more than two weeks after the previously communicated approximate delivery period.
(2) The start of a delivery period is contingent upon the resolution of all technical issues. The delivery period does not begin until the customer has fulfilled its obligations to cooperate in this regard.
(3) If the customer is required to make an advance payment—such as a down payment or proof of a financing commitment—an agreed-upon delivery period shall not begin until the customer has fulfilled its applicable advance payment obligations.
(4) Evodrop is entitled to raise the defense of non-performance of the contract.
(5) An agreed delivery period is subject to complete and timely delivery by our contractual partners (reservation regarding our own supply).
(6) The delivery period shall be extended appropriately in the event of force majeure, in particular, but not exclusively, due to floods, natural disasters, raw material shortages, terrorist attacks, or strikes. Evodrop will immediately inform the customer of the occurrence of force majeure as well as the expected end of such circumstances. If the force majeure event continues uninterrupted for more than six weeks or if the delivery date is delayed by a total of more than eight weeks due to force majeure, the customer is entitled to terminate the contract.
In the event of force majeure, further claims are excluded; payment claims already due remain unaffected.
(7) We are prepared to make partial deliveries, provided this is not unreasonable for the customer.
(8) Claims for damages resulting from failure to meet the delivery deadline are governed by § 12.

 

§ 7 Transfer of Risk
(1) The risk of accidental loss passes to the customer upon delivery to the carrier (FCA Brüttisellen, Switzerland – Incoterms 2010).
(2) If the customer fails to accept the goods declared ready for delivery at the time of delivery (§ 6, para. 1, sentence 2), the risk of accidental loss passes to the customer at the time of delivery.

 

§ 8 Default in Acceptance; Damages for Delay
(1) If the customer fails to accept the goods on time (§ 7) or otherwise defaults on acceptance, the customer shall owe Evodrop an amount equal to 0.5% of the order value or the value of the partial delivery for each week or portion thereof, up to a maximum of 5% of the order value or the value of the partial delivery, as compensation for damages.
(2) The customer reserves the right to prove that the damages were lower, and Evodrop reserves the right to prove that the damages were higher.

 

§9 Prices; Terms of Payment
(1) All prices are net prices and are subject to the applicable statutory value-added tax in effect at the time of delivery.
(2) Unless otherwise agreed, payments must be made in euros (or, alternatively, in Swiss francs or U.S. dollars, if so agreed). If payment in euros (or, alternatively, Swiss francs or U.S. dollars) is not permitted, payment must be made in the currency applicable at the customer’s place of business. In this case, payment must be made in an amount corresponding to the invoice value in euros as of the due date of the (partial) payment. If payment in either of the aforementioned currencies is not possible, payment must be made in a third currency. Sentence 3 and Section 6, sentence 2, apply accordingly.
(3) All other costs incurred, in particular for payment processing, transportation, import and export duties, fees, etc., shall be borne by the customer.
(4) Unless otherwise agreed in individual cases, all prices are ex works.
(5) A cash discount requires a separate agreement in each individual case.
(6) Payments must be made at Evodrop’s place of business in Switzerland. The buyer shall bear the costs and risks associated with the payment.
(7) Unless otherwise agreed in writing (Art. 13 CISG), payments are due within ten (10) days after the transfer of risk.
(8) If more than fourteen weeks elapse between the conclusion of the contract and the transfer of risk, and we are not at fault for this delay, we are entitled to increase the price in accordance with the additional costs we have incurred, in particular due to increased raw material prices.

 

§10 Notice of Defects; Exclusion of Warranty Rights
(1) The customer is obligated to inspect the delivered goods for defects immediately, but no later than within ten (10) business days from the transfer of risk, and to notify the supplier of any defects discovered without delay, within a maximum of three (3) business days. This obligation does not apply if the actual transfer of risk occurs prior to the agreed delivery date (time of delivery pursuant to § 6, para. 1, sentence 2). In this case, the inspection period begins on the agreed delivery date (time of delivery pursuant to § 6, para. 1, sentence 2).
(2) Furthermore, the customer is obligated to notify us of defects that were not detected during the inspection (clause 1, sentence 1) within three (3) business days of their actual discovery.
(3) The notice of defect must be submitted in writing and contain a detailed description setting forth the presumed causes and effects. Upon request, suitable documentation, in particular photographs, must be made available to the customer.
(4) If the customer fails to comply with the aforementioned obligations to inspect and notify defects, the service shall be deemed accepted, and the customer shall have no warranty claims or claims for damages. This shall not apply if the defect was fraudulently concealed or if the exclusion is incompatible with the provisions of a guarantee (§ 5, Section 3).
(5) The customer shall bear the costs incurred by Evodrop as a result of unjustified notices of defects.
(6) The time periods specified in Sections 1 and 2 shall not begin until the customer has received the documentation owed by Evodrop.
(7) If a period of twelve months elapses between the actual delivery and the notice of defects, the customer may no longer assert any rights arising from defects.
(8) The customer is entitled to a money-back guarantee:
Residential systems: 180 days
Drinking water systems: 30 days
The money-back guarantee covers 100% of the product cost (excluding installation or removal costs)
(9) In the event of dissatisfaction of any kind, the invoiced product costs, minus installation costs, cartridges, or any discounts granted, may be refunded. The cost of removal must be borne by the customer and is not included in the money-back guarantee.
(10) If verifiable limescale protection is provided by the residential systems, the right to the money-back guarantee is completely forfeited. The tests are validated using evaporation and TOC/COD.
(11) If the systems are not maintained according to the specified intervals, all warranties are void. If significant differences are detected in the analysis, limescale protection is deemed to be in effect and the warranty is void.
(12) If a third party performs the installation: The installer is obligated to provide Evodrop with the customer’s information; if the installer fails to do so, the installer automatically assumes responsibility for ensuring that the customer performs maintenance in accordance with the specifications.
Evodrop excludes all liability in the event of failure to comply with the annual maintenance of the home system as well as the prescribed maintenance of the drinking water filter as indicated by the warning signal.
(13) Since sales partners act independently and receive a share of sales revenue, they assume full responsibility for compliance with and the handling of warranty claims vis-à-vis their customers. Furthermore, Evodrop AG is not liable for warranty obligations that were independently granted or guaranteed by sales partners.
(14) Please note that we cannot assume any liability for the functionality, condition, or any defects in the existing installation, as well as its wiring and connections. Our responsibility applies exclusively to the components we supply and their professional installation within the scope of the current project.

 

§11 Buyer’s Rights in the Event of Breaches of Duty by the Seller (Warranty Claims); Statute of Limitations on Claims; Relationship to Damages
(1) In the event of non-conforming performance on the part of Evodrop—that is, if the actual performance falls short of the contractually agreed-upon performance (defectiveness)—the customer’s claims shall be governed by the following provisions.
(2) First, the customer is entitled to demand that Evodrop remedy the non-conforming performance (rectification of defects) within a reasonable period of time. The choice of the method of remedy—primarily repair or replacement—by which Evodrop remedies the non-conforming performance is at Evodrop’s discretion. For this purpose, the customer must grant Evodrop or third parties commissioned by Evodrop access to the goods and take the necessary measures to assist in remedying the defect. EVODROP shall bear the costs of remedying the defect, except for any additional costs associated with transporting the goods to a destination other than the original destination.
(3) If Evodrop fails to remedy the defect within a reasonable period or if the chosen method of remedy does not result in the goods being free of defects, the customer is entitled to a reduction in the purchase price.
(4) The customer may generally rescind the contract only if
a) the defect constitutes a material breach of contract and
b) the defect is not remedied within a reasonable period or the remedy does not result in the goods being free of defects. Point b) does not apply if the defect constitutes a material breach of contract and remedying the defect is unreasonable for the customer or will obviously be unsuccessful.
(5) The customer may also rescind the contract if Evodrop fails to perform the service despite the setting of a reasonable deadline—which should generally be no less than two (2) weeks—in the event of a failure to meet the delivery deadline. With regard to this additional deadline, § 6(6), sentence 1, applies accordingly.
(6) The customer must assert the claims pursuant to clauses 2–5 within a reasonable period and request Evodrop in writing to take the necessary measures.
(7) If the non-performance or defective performance relates only to a part of the delivery, the claims pursuant to clauses 2 and 3 apply only to the affected part. Termination of the entire contract (Clauses 4 and 5) is only possible if the incompleteness or partial non-conforming delivery in itself constitutes a material breach of contract.
(8) Warranty claims—excluding claims for damages—prescribe twelve months after the transfer of risk. This does not apply to defects that were fraudulently concealed or were not apparent (§ 10, Section 3).
(9) The customer may demand rescission of the contract or a replacement delivery only if he can return the goods received substantially in the condition in which he received them.
(10) Claims based on defective performance that are attributable to improper handling by the customer or failure to follow the instructions for use are excluded.
(11) For the assertion of claims for damages due to defects, Section 4.b and Section 4, Sentence 2 apply accordingly, taking § 12 into account.

 

§12 Liability
(1) Evodrop is liable in accordance with statutory provisions in the event of a culpable breach of duty for all damages resulting from injury to life, body, or health.
(2) Evodrop is liable in accordance with the provisions of the applicable Product Liability Act.
(3) In the event that a contractual warranty is agreed upon (Section 5, Item 3), Evodrop shall be liable in accordance with the warranty statement.
(4) Evodrop shall be liable for intentional and grossly negligent breaches of duty.
(5) Liability pursuant to Section 4 is limited to three times the value of the affected order in the event of a breach of duty due to gross negligence. If three times the value of the affected order is less than 25,000.00 EUR, Evodrop shall be liable for the corresponding amount of actual damages incurred, up to a maximum of 25,000.00 EUR.
(6) Liability for breaches of duty due to slight negligence is excluded, provided that no material contractual obligations are breached. In the event of a breach of material contractual obligations due to slight negligence, liability is limited to the foreseeable damage typical for this type of contract.

 

§13 Set-off; Right of Retention
(1) The customer may set off claims only against undisputed or legally enforceable claims.
(2) Paragraph 1 applies mutatis mutandis to the exercise of a right of retention.

 

§14 Retention of Title
(1) The goods we deliver remain our property (goods subject to retention of title) until the respective delivery invoice has been paid in full.
(2) The customer is obligated to insure the goods subject to retention of title adequately against fire, water damage, and theft at their own expense.

 

§15 Governing Law
(1) This contract and its formation are governed by the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). Swiss law applies in addition.
(2) The second sentence of paragraph 1 applies mutatis mutandis to non-contractual claims.

 

§16 Jurisdiction
(1) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Zurich, Switzerland.
(2) Evodrop is also entitled to sue the customer in the customer’s general place of jurisdiction.

 

§17 Miscellaneous; Written Form
(1) All declarations must be made in the language of the contract to be effective.
(2) The customer may assign rights and obligations under this agreement to third parties, in whole or in part, only with our prior written consent.
(3) Unless otherwise expressly provided in these General Terms and Conditions, the written form requirement is governed by Article 13 of the CISG. This does not apply to any amendments or additions to these General Terms and Conditions, or to any waiver of their applicability, which must be in writing. This also applies with respect to any waiver of the written form requirement.
(4) Should one or more provisions of these General Terms and Conditions, or parts of a provision, be invalid, such invalidity shall not affect the validity of the remaining provisions or of the contract as a whole. The parties undertake to agree by mutual consent on a valid provision to replace the invalid provision, which comes as close as possible to the invalid provision in economic terms. The same applies in the event of a loophole.

 

§18 Marketing and Communication Obligations
Evodrop’s distribution partners agree to publish all current product and sales materials (brochures, technical data sheets, product descriptions) provided by Evodrop on their website immediately upon receipt and in unaltered form, and to make them available to end customers there. Any changes, modifications, or edits to the texts or content are prohibited without Evodrop’s express written consent.
The distribution partner must exercise due care to ensure that all information is always identical to the official Evodrop documentation. In the event of a breach of this obligation, Evodrop reserves the right to terminate the distribution agreement without notice or to claim damages.

 

§19 Inspection of the Bypass System During Installation
1. The customer must ensure that the installation of Evodrop AG systems is performed exclusively by a qualified plumbing or building services technician.
2. As part of the installation, the installer is required to check the existing bypass system, as well as any newly installed or replaced bypass modules, to ensure they are functioning properly and are correctly adjusted. This applies regardless of the manufacturer or age of the bypass system.
3. Since bypass systems vary technically depending on the manufacturer and design, the inspection must be performed before or, at the latest, during the installation of the Evodrop system. Any defects, malfunctions, leaks, or necessary adjustments to the bypass system must be documented and reported to the customer prior to commissioning.
4. If this proper inspection is not performed, or if the existing bypass system is defective, inoperable, or incorrectly adjusted, Evodrop AG assumes no liability for any resulting malfunctions, consequential damages, system failures, or additional expenses arising therefrom. Any additional expenses, service calls, or investigations attributable to an inadequate inspection, a defective bypass, or an incorrectly configured bypass will be billed to the customer on a time-and-materials basis in accordance with the current price list.

General Terms and Conditions for the "Cembra Invoice with installment facility" of Cembra AG ("GTC") at the merchant ("Evodrop AG")

 

1. what is the "Cembra invoice with installment facility"?

(1) In cooperation with the Merchant, Cembra enables the payment method "Cembra Invoice with installment facility", which is available to consumers or end customers of the Merchant aged 18 and over who are resident in Switzerland or Liechtenstein.

(2) If you choose the "Cembra Invoice with installment facility", you will pay the relevant goods/services directly and exclusively to Cembra in a maximum of three installments within three months of placing the order in accordance with clause (3)2 below. The terms and conditions of the merchant from whom you purchased the goods/services shall apply to the purchase.

 

2. credit check & assignment of the purchase price claim

(1) Before and/or during the purchase transaction with the retailer, Intrum AG will carry out a credit check on you.

(2) If you choose the "Cembra invoice with installment facility", the merchant assigns the purchase price claim to Cembra.

(3) In this case, Cembra shall assume the purchase price claim ("Claim") and the handling of the payment modalities. You enter into a direct contractual relationship with Cembra regarding the Claim and must pay the Claim directly to Cembra.

(4) As long as Cembra has an outstanding claim against you, Cembra must be informed immediately of any change of address.

 

3. payment deadlines and minimum amounts for partial payment

(1) The payment period for full payment of the claim or an installment is 20 days from the invoice date. Companies do not have the option to pay in installments.

(2) You are entitled to repay the outstanding balance of the claim in whole or in part prematurely at any time. However, the following minimum amounts of the total outstanding amount of the claim must be received by Cembra within the following payment periods:

Installment no. / minimum amount of total outstanding amount / payment deadline from invoice date
1 / 10% / 20 days
2 / 50% / 59 days
3 / remaining amount / 90 days

(3) The installment payment option is only activated or becomes effective with the payment of a corresponding installment amount. This means that for each installment (installment 1 to installment 3) the corresponding minimum amount according to the table above must be paid in each case. Upon expiry of the aforementioned payment deadlines without receipt of payment, the entire invoiced claim and/or each individual installment shall become due and payable and default shall automatically occur for the entire outstanding claim without a reminder being issued. For legal reasons, Cembra shall not grant any extensions of the payment deadlines.

(4) If you are in default of payment, Cembra reserves the right to instruct a debt collection agency in Germany or abroad or to assign the claim.

 

4. interest & fees

(1) Interest of 14.9% per annum (360 days) shall accrue on the outstanding balance of the claim from the 20th day after the invoice date.

(2) In addition to the price of the goods, you will be charged an administration fee of CHF 2.50 per invoice/installment. The administration fee for the first invoice/installment will be borne by the merchant.

(3) A fee of CHF 3.50 is charged for each paper mailing.

(4) In the event of payment arrears, reminders will first be sent by e-mail and later by post (no e-mail reminder if postal delivery is activated). A reminder fee of up to CHF 30.00 will be charged for each reminder.

(5) If changes of address are not communicated immediately, a fee of CHF 30.00 will be charged for address research.

(6) If the e-mail address is invalid, Evodrop reserves the right to send the invoice/reminder by post and to charge an additional fee of CHF 10.00.

(7) In the event of a refund that is not due to a product defect or a product recall, a processing fee of CHF 25.00 will be charged.

 

5. interest on arrears, collection processing fee

(1) Interest on arrears of 14.9% per year (360 days) will be charged on the outstanding balance of the claim. Costs on transfer to collection service provider: Collection processing fee depending on the amount of the claim in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the claim (from 50,000).

(2) Cembra reserves the right to transfer the invoice claim(s) or the right to receive payments to third parties in accordance with these provisions. The Collection Service Provider shall have a direct right of claim.

 

6. no entitlement to "Cembra monthly invoice"

(1) The Cembra Monthly Invoice is subject to the GTC of the Cembra Monthly Invoice (www.cembra.ch). There is no entitlement to transfer or change a Cembra invoice to the Cembra monthly invoice. The decision to do so shall be the sole responsibility of Cembra and shall not be substantiated.

 

7. customer inquiries

(1) The Merchant shall be solely responsible for Customer inquiries regarding the purchased goods/services (in particular for inquiries regarding shipment and delivery time, returns, warranties, defects, complaints and revocations). Cembra shall only be responsible for inquiries in connection with payment processing or the Cembra invoice.

 

8. use of your data/involvement of third parties

(1) You authorize Cembra and its affiliated companies in Germany and abroad as well as third parties commissioned by Cembra in Germany and abroad to store, process and use your personal data, in particular for marketing purposes and market research.

 

9. exclusion of set-off

(1) Cembra shall not be entitled to assert any set-off defense to which you may be entitled against the merchant.

 

10 Disclaimer / Applicable law

(1) Cembra excludes any liability. These GTC of Cembra shall be governed by the laws of Switzerland. The place of jurisdiction shall be Zug.

These General Terms and Conditions (GTC) govern the use of Cembra Installment Payment, which is offered by Cembra AG ("Cembra"). By selecting and using "Cembra Installment Payment" with a merchant, you confirm that you agree to these GTC. The version of the GTC valid at the time of purchase shall apply.

 

Valid as of December 01, 2018

 

1 What is the Cembra installment plan?

(1) Cembra installment payment is a payment option offered by Cembra in cooperation with the Merchant and is available to consumers or end customers aged 18 and over who are resident in Switzerland or Liechtenstein.

(2) By selecting Cembra installment payment as a payment method, you enter into a contract with Cembra and pay the purchase price for the selected goods/services directly and exclusively to Cembra in accordance with point (3)2 below. For the actual purchase of the goods/services, the contractual terms and conditions of the merchant from whom you purchased the goods/services shall apply.

 

2. credit check & assignment of the purchase price claim

(1) Before and/or during the purchase transaction with the retailer, Intrum AG will carry out a credit check on you.

(2) If Cembra installment payment is selected, the Merchant shall assign the purchase price claim to Cembra.

(3) In this case, Cembra shall assume the purchase price claim ("Claim") and the handling of the payment modalities. You enter into a direct contractual relationship with Cembra with respect to the Claim and are obliged to pay the Claim directly to Cembra.

(4) As long as Cembra has an outstanding claim against you, you must inform Cembra immediately of any change of address.

 

3. payment deadlines and installment amounts

(1) If you select Cembra installment payment, you will pay the purchase price by installments in one of the options offered by the merchant in accordance with point (3)2, depending on your selection when completing the purchase.

(2) Number of installments and payment deadlines
Cembra will send you a corresponding payment request for each installment. The following installment amounts must be received by Cembra within the payment period specified below.
* Installment amount: Monthly installment amount in relation to the purchase price

Selected installment payment / number of installments / payment period in months / installment amount* / payment period from date of payment request

3in3 / 3 / 3 / 1/3 / 25 days
4in24 / 4 / 12 / 1/4 / 25 days
12in12 / 12 / 12 / 1/12 / 25 days
24in24 / 24 / 24 / 1/24 / 25 days
36in36 / 36 / 36 / 1/36 / 25 days
(3) You have the right to settle the entire outstanding balance of the claim early at any time.

After expiry of the specified payment period(s) without receipt of payment, the entire outstanding claim shall become due and default shall automatically occur without a reminder being issued. For legal reasons, Cembra does not grant extensions of the payment deadlines.

(4) In the event of default in payment, Cembra may instruct a debt collection agency in Germany or abroad or assign the claim.

(5) Not all of the above installment models are available at every dealer.

 

4. fees

(1) A fee of CHF 3.50 is charged for postal delivery in paper form.

(2) In the event of payment arrears, a reminder will first be sent by e-mail and later by post (no e-mail reminder if postal dispatch is activated). Reminder fees of up to CHF 30.00 may be charged for each reminder.

(3) If changes of address are not communicated immediately, a fee of CHF 30.00 will be charged for address research.

(4) If the e-mail address is invalid, Cembra may send the invoice/reminder by post and charge an additional fee of CHF 10.00.

(5) For refunds that are not due to product defects or recalls, a processing fee of CHF 25.00 will be charged.

 

5. interest on arrears, debt collection and other fees and costs

(1) Default interest of 14.9% per annum (360 days) shall accrue on the outstanding balance of the claim. The following collection processing fees will be charged if the claim is transferred to a collection service provider, depending on the amount of the claim in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the claim (from 50,000). Byjuno reserves the right to transfer the invoice claim(s) or the right to receive payments in accordance with these provisions to third parties. The collection service provider has a direct right of claim.

 

6. no entitlement to a "Cembra account"

(1) The GTC "Cembra Account" (www.cembra.ch) shall apply to the "Cembra Account". There is no entitlement to transfer or change a Cembra installment payment to the Cembra Account. This decision shall be the sole responsibility of Cembra and shall not be substantiated.

 

7. customer inquiries

(1) The Merchant shall be solely responsible for Customer inquiries regarding the purchased goods/services (in particular inquiries regarding shipment and delivery time, returns, warranties, defects, complaints and revocations). Cembra shall only be responsible for inquiries in connection with payment processing or Cembra installment payments.

 

8. use of your data/involvement of third parties

(1) You authorize Cembra and its affiliated companies in Germany and abroad as well as third parties commissioned by Cembra in Germany and abroad to store, process and use your personal data, in particular for marketing purposes and market research.

 

9. exclusion of set-off

(1) Cembra shall not be entitled to raise any objections to set-off to which you may be entitled against the Dealer.

 

10 Disclaimer / Applicable law

(1) Any liability on the part of Cembra is excluded. These GTC of Cembra shall be governed by the laws of Switzerland. The place of jurisdiction shall be Zug.