General Terms and Conditions

1.Our delivery conditions apply to all our deliveries and services even when these are not specifically referred to. Insofar as there are contrary purchase conditions on the part of our customers, these have no validity, even if we do not expressly contradict them. On the other hand, even if there are different purchase conditions on the part of the customer, our sales conditions will be taken as agreed insofar as the customer does not immediately raise objection to them in writing. An objection in the form of general purchase conditions is not sufficient for this. The possible legal ineffectiveness of any of these conditions does not negate the legal effectiveness of the remaining conditions nor of the contract.

2.Our offers are always subject to change without notice unless there is a declaration to the contrary. Offers and other explanations of our employees are only legally effective if they have been repeated or confirmed in writing by us. Illustrations, drawings and details of measurements, weights and performance are only approximate and are not binding unless they are expressly characterised as binding. Cost proposals, drawings and other documents remain our property and remain subject to our copyright. They may not be made accessible to third parties. Drawings and other documents must be returned to us on request. If the contract is not granted, they should be sent back without delay without a specific request being made to that effect.

3.Orders only become binding on us through our written acceptance of the order; the purchaser allows us a period of 14 days from the arrival of the order for this purpose. Oral agreements, even if these form part of a subsidiary agreement or relate to variations in these delivery conditions, are only effective in the case of written confirmation on our part. We reserve the right to make the legal effectiveness of our confirmation of the order dependent on this being countersigned by the purchaser.

4.Indications as to delivery time can only ever be regarded as approximate, and they are not binding on us insofar as they have not been expressly characterised as binding by us. The agreed delivery period begins to run at the earliest when we send the confirmation of order, or if a countersignature on the part of the purchaser is required, when the signed order confirmation is received by us. If the purchaser needs to produce documentation, provide official permissions etc., or if the purchaser has to make a downpayment, the delivery time period begins to run when we have received the documents or payment in question. If a specific delivery date is agreed rather than a delivery time period, this will be extended in the previously mentioned circumstances. The delivery time period counts as having been adhered to if the object to be delivered has left the factory before the period runs out or if notification has been given of readiness for despatch. Operational disturbances in our own factory or in other factories that arise from lack of materials, power cuts, strikes, lock-outs, delays in the delivery of essential raw materials and components or other events free us of the obligation to adhere to a specifically agreed delivery period and entitle us to withdraw in whole or in part from the order. If there is a delay in delivery, the customer is entitled to withdraw from the contract after the conclusion of a period of grace of at least 30 days. Any period of grace must be determined in writing and be explicitly characterised as such. The customer has no other rights and claims apart from or instead of the right to withdraw, and in particular claims for restitution of damages of whatever kind are excluded; we have the right to make partial deliveries. If the despatch of the goods is to occur on call, we are entitled, after the time specified for the call has expired, to store the goods at the expense and risk of the customer as we see fit, and to charge for this.

5.We reserve the right to make technical alterations. Small differences in colour, design, quality, construction or size that do not limit the use of the product are not grounds for a notification of defects.

6.Our sales prices are in euros exclusive of value-added tax, and they are based on the materials prices, wages and other costs applicable at the time of signing of the contract. If these factors underlying the contract change before the definitive completion of the order, we are entitled to make corresponding alterations in the price. This calculation is made on the basis of the prices applicable on the day of delivery with a transitional period described in the price list in the case of orders during the period of validity of the price list in question where delivery is made during the validity period of the subsequent price list.

7.The terms of payment indicated on the invoice apply. Invoices must be paid in the currency indicated on the invoice. Bank transfers, especially transfers to accounts outside the national territory of the orderer’s bank, must be made without any expenses being incurred on our part. Any charges that are nonetheless made such as illicit discounts will be recalled, and the invoice for the order in question will not be considered to have been paid in full until that point. In the case of orders with a value under 50 euros we will make a small quantity processing charge of 10 euros. At our option we are also entitled in the case of long-term orders to require down payments (after the order confirmation has been received) and / or partial payments (after the order is under way). If payment in instalments has been agreed, the entire sum outstanding will be due as soon as the debtor becomes in arrears with two successive payments. If 2 instalments fail to be paid on time, we are entitled to take back the delivered goods without the purchaser thereby being released from his contractual obligations under the purchase contract. In the case of purchasers unknown to us, we reserve the right to make delivery on a cash-on-delivery basis or sale against cash in advance. If a cash discount deduction was agreed, this will be calculated on the basis of the net invoice amount and is only valid if all other obligations arising from the business relationship have been met in full. Payment by cheque may only be made with our agreement; cheques are only accepted on account of performance. We do not accept drafts under any circumstances. Fees etc. are to be paid by the customer. Offsets against our outstanding debits, and equally the assertion of a right of retention, are not acceptable. In particular, any defects in the delivery do not entitle the customer to withhold payments or set off amounts.

8.Delay in payment occurs without any additional warning being given once the payment time limits have expired, and in this case we are entitled to charge 12 % interest on arrears from the date of default without any further communication. In the case of payment arrears of more than 30 days from the due date we are entitled to take back the goods delivered without the purchaser thereby being released from any of his obligations under the contract of purchase. In the case of payment arrears, we may make a further delivery dependent on the prior payment of the obligations due or a payment guarantee. Furthermore, in consequence of payment arrears, all our amounts receivable become due. The same applies if after the contract has been signed we become aware of circumstances that are inclined to reduce the creditworthiness of the purchaser – without regard for the time and reasons the circumstances occurred. In this case we are also entitled to withdraw from the contract while retaining our claim to restitution of expenses and lost profit.

9.Our prices are to be understood as ex works insofar as no agreement has been made to different effect. Even in the case of transport by our own vehicles, despatch always occurs at the risk of the recipient and in the cheapest form, whereby we retain the right to choose the form of despatch without undertaking any guarantee as to cheapest form. Any additional costs arising from varying despatch requirements on the part of the purchaser are to be met by the purchaser. If the despatch of the finished goods is delayed at the request of the purchaser, the risk is transferred to the purchaser from the day the goods are ready for despatch. On delivery whether this is by a haulage company or using the factory’s own vehicles, auxiliary staff and equipment are to be provided by the purchaser for unloading. This applies in particular to delivery to a customer of the purchaser at the wish of the latter.

10.We insure our deliveries against damage in transit, unless a different agreement was made in writing. The costs of the insurance are borne by the purchaser. Damage in transit is only recognised if a timely recording of facts occurred and the damage was entered into the shipping documents.

11.Defects of all kinds, wrong deliveries, the lack of warranted characteristics etc. must be notified to us in writing. This notification must reach us within seven calendar days after the arrival of the goods – or in the case of concealed defects, after the discovery of the defect – otherwise the goods or the delivery count as having been accepted. The installation of our products constitutes the acceptance of the goods in fulfilment of the contract and precludes claims being made under the guarantee. In the case of a justified defect notification, the purchaser only has a right to the delivery of flawless goods, to the exclusion of rights to change or reduce the order or claims arising from damages. Replaced components must be sent back free of haulage charges. However, we are also entitled to carry out rectification of defects at our option. If – for whatever reason – the defects are not rectified and no replacement is delivered, the customer has no further right other than the right to withdraw from the contract. We will only accept a notification of defect for the devices and equipment delivered by us if set-up and operation was carried out by us or in accordance with our instructions. On signing the contract our customer makes an express commitment to point out expressly the previously mentioned obligation to their customers and to release us from all claims to damages by third parties resulting from failure to comply with these requirements. The provisions of Art. 367 ff. OR (Swiss Law of Obligations) apply in all cases.

12.We retain ownership of our deliveries until all accounts receivable have been paid in full including additional receivables arising from the business relationship. If a current account is held, this reservation of ownership also includes its balance. In the case of a resale, our customer cedes to us at this point all amounts receivable from their customers up to the amount of our invoice as a guarantee of our claims arising from the business relationship and empowers us to give notification of surrender. The same applies in the case of installation in real estate. Insofar as amounts receivable have been ceded to us, the debtor is obliged to provide all notifications to us. Until revocation on either side, the debtor is entitled to collect the amount receivable on our behalf; our own right to collect is not affected by this. The purchaser is obliged to notify us immediately of distraints and other claims by third parties to our goods or the receivables ceded by us. Insofar as the guarantees given to us exceed our amounts receivable by more than 25 %, we are obliged to retransfer them in the corresponding amount. On fulfilment of the amounts receivable by us including additional claims all guarantees will be transferred to our recipients without a separate transfer process being required.

13.In the case of orders not being carried out, we are entitled to require repayment of the processing costs incurred by us; a sum up to 10 % of the order amount can be applied without the need to offer justification of expenses. The prior determinations apply correspondingly if the purchaser wishes to cancel the contract and we state that we are in agreement with this. In the case of return of depot goods we are entitled to charge 20 % of the value of the goods, and costs incurred such as shipping, packaging, insurance etc. are to be met by the purchaser, as well as the transport costs for returning the goods. The completeness and faultless condition of the goods are a prerequisite for a return. Bespoke goods may not be returned. Specially made goods are produced according to agreements and design and therefore cannot be returned or exchanged. Swimming pool covers and solar absorbers count as specially made goods.

14.Claims for damages of any kind – including for example claims arising from delay, incorrect advice, positive breach of contract, default on completion of the contract and claims arising from installation works – are excluded, as far as this is legally permissible. Our contract partner indemnifies us from claims for restitution of damages on the part of their own customers or persons employed by them. Under the Product Liability Act we are responsible for losses that occur because of defects in our products. However, our obligation to provide a replacement is excluded if:

a.the product was brought into general circulation by suppliers or others rather than by us,

b.the circumstances suggest that the product did not yet have the defect that caused the loss at the time we brought it into circulation,

c.the product was neither manufactured for sale or any other form of distribution with a commercial aim, nor was it manufactured or distributed in the context of our commercial activity,

d.the defect derives from the fact that at the time we brought the product into circulation, it complied with compulsory legal requirements, particularly DIN norms and other regulations.

Furthermore, if the defect could not have been recognised at the point in time when we brought the product into circulation according to the then obtaining state of science and technology. A responsibility to replace part-products manufactured by us is further excluded if the defect was caused by the construction of the product into which the part-product was incorporated or through the instructions of the manufacturer of such a product. The aggrieved party bears the burden of proof for the defect, the loss and the causal relationship between defect and loss. This applies in particular when the aggrieved parties were explicitly warned by us of specific dangers, particularly dangers arising from improper use, or if specific safety measures were recommended by us. In the case of damage to property, the aggrieved party must bear a loss of up to 500 (five hundred) euros personally. Should a loss occur, the aggrieved party must notify our customers and our dealers and distributors as well as the supplier of the occurrence of the loss without delay.

15.The place of execution for all claims arising from the contracts concluded with us is our place of business. The legal jurisdiction for all claims on either side arising from the business relationship including claims arising from cheques or drafts is Pforzheim (Germany) for customers from the countries of the EU, for all others, Grosswangen (Switzerland), but at our option it may also be the court having jurisdiction over the place of business of our contract partner.
German law applies

The present price list is valid for contracts commenced from 1st March 2007 until the subsequent price list is issued, and it replaces all price lists issued previously.
All prices are to be understood as ex works, unpacked in euros (€) exclusive of the value added tax applicable at the point in time of delivery. .

Warranty / Guarantee

Covering systems and rolling equipment
Duration of warranty and guarantee

I

sola [cover]24 months
Rollschutz cover, protective netting24 months
Roll-up covers24 months
Roll-up mecanisms and claddings*24 months
Underwater Nautilus Top drive36 months
Electric power systems, accessories24 months
Solar absorbers24 months

* Wood claddings: we use select timbers that are ideally suited for claddings. However, wood is a natural product that changes as a result of atmospheric exposure. These natural changes are not covered by our guarantee provision.

Notes to the warranty and guarantee

The provisions of clause 11 of the General Terms and Conditions apply in all cases

1.The guarantee begins on the date of despatch from the factory.

2.Any claims under the guarantee may only be made after the delivery has been paid for in full.

3.Claims under the guarantee can only be accepted if our products were installed, maintained and cared for according to the instructions. Losses that occur as a result of inappropriate treatment or unusual stresses such as hail / storm or an excessive weight of snow or through failure to observe the installation or operating instructions cannot be accepted.

4.Losses that occur as a result of abrasion, freezing, chemical influences, electrical or electrostatic influences or malicious damage cannot be included under our guarantee obligations.

5.Losses that occur through the influence of microorganisms such as algae and the like (primarily because of incorrect water treatment) are excluded from our guarantee.

6.All responsibility for direct and indirect damages is excluded. As regards this, take advice from your third-party liability insurer and include such risks in your insurance policy.

7.The guarantee becomes invalid if changes or repairs to our products are carried out by third parties without written consent.

8.Works carried out under guarantee do not lead to any extension of the guarantee period.

9.All claims under the guarantee must be delivered in writing accompanied by relevant visual documentation to the manufacturer Bieri Alpha Covers AG, CH – 6022 Grosswangen / Switzerland.

10.Inappropriate or wrongly installed water treatment equipment may cause damage to the covers.

11.For all metal parts, we use as standard 1.4301 = V2A quality stainless steel. If the chlorine content is over 350 mg/l, V4A quality metal parts must be ordered. If we are not notified of the high chlorine content when the rolling equipment is ordered, claims arising from losses that occurred for this reason are not valid.

Maintenance Recommendations

Our products are manufactured carefully from high-quality, durable and proven materials. In order to guarantee their consistently high quality, our products undergo continuous quality control. However, we would like to draw your attention to the fact that every product requires a certain degree of maintenance. Below are a few recommendations for maintaining your swimming pool cover.

Make sure from time to time that the cover is in a good condition and functions as described in the instructions manual.
The cover should be cleaned from time to time, using a mild soap product. In case you use a high pressure cleaner, make sure you maintain the minimum distance at all times to prevent damage to the plastic and/or textile materials.
Remove any foreign objects on the cover immediately, especially leaves or branches from trees or shrubs and other objects.
In case of heavy snowfall we recommend to remove the cover or use our additional snow carriers. However, even in case snow carriers are used, damage by extreme snow pressure may still occur. We therefore accept no warranty claims in connection with such damage.

Acceptance of deliveries

Please check deliveries immediately upon receipt for their completeness and any damage. Report any missing or damaged items within 7 days of receipt of the delivery. In case you have detected external damage, you are required to report this to the forwarding agent. Any damage in transit which is not immediately detected must be reported to us within 7 days.

Complaints concerning damage in transit must be made in writing and documented with photographs.