General Terms and Conditions

1. General provisions, scope of application

The following General Terms and Conditions of Sale, Delivery and Payment form an integral part of every contract concluded between KUBATEC BMT AG and a customer. They are available at the counters of KUBATEC BMT AG's sales outlets, on its website, and in various catalogues and brochures. Accordingly, they are deemed to be known and accepted without reservation upon opening an account, placing an order, concluding a contract, or taking possession of the goods. They take precedence over any other general terms; ancillary agreements, assurances or product-specific conditions remain reserved and must in every case be confirmed in writing by two authorised employees of KUBATEC BMT AG. KUBATEC BMT AG reserves the right to amend these General Terms and Conditions at any time.

2. Offers

All offers on websites, in catalogues, brochures, at exhibitions, etc. are made subject to change and without obligation. KUBATEC BMT AG is bound only by offers addressed personally to customers. Offers made by KUBATEC BMT AG are valid for a maximum period of three months. The product range may be changed at any time without prior notice. KUBATEC BMT AG is not obliged to keep in stock all items listed on websites, in catalogues, brochures, at exhibitions, etc.

3. Prices

KUBATEC BMT AG reserves the right to change the stated prices at any time without prior notice. Unless otherwise indicated, prices are quoted ex works, collected from the KUBATEC BMT AG warehouse.

4. Transport, packaging material and other costs

Any costs for transport, installation, packaging, pallets, unloading, crane use, special machinery, etc. are not included in KUBATEC BMT AG's prices and are charged according to the applicable rate at the time of invoicing. These costs may be increased, in particular due to fluctuations in fuel prices and adjustments to the HVF (heavy vehicle fee). Surcharges are levied for transport in mountainous areas.

Invoiced pallets returned in perfect condition and carriage-paid will be credited, subject to deduction of a usage fee. Only the number of invoiced pallets may be returned. Pallets exceeding the pallet balance will not be credited. For pallet collection orders without a simultaneous delivery of goods, a proportional transport cost will be charged. Direct exchange of pallets without invoicing or crediting is prohibited.

5. Deliveries

5.1 Delivery periods

KUBATEC BMT AG makes every effort to meet delivery periods. However, these are approximate only and do not constitute a binding commitment on the part of KUBATEC BMT AG. Failure to meet a delivery period does not entitle the customer to withdraw from the contract or to claim compensation from KUBATEC BMT AG. In particular, force majeure, strikes, operational shutdowns, production restrictions, damage to production facilities, late delivery or non-delivery by a supplier, operational or traffic disruptions, or similar unforeseen events beyond the control of KUBATEC BMT AG release KUBATEC BMT AG from fulfilling concluded contracts within the agreed delivery period, or even from fulfilling them entirely in the event that delivery becomes impossible.

The agreed delivery periods apply from the conclusion of the contract, but not before receipt of all information required from the customer. If a call-off delivery has been agreed, the customer is obliged to call off the goods within the agreed period/date; if no specific period/date has been set, this shall be a maximum of six months from conclusion of the contract. After this period has elapsed, KUBATEC BMT AG is entitled to demand immediate fulfilment of the contract. If KUBATEC BMT AG's suppliers increase prices before the delivery or a partial delivery is called off, these increases will be passed on for deliveries or partial deliveries not yet called off.

5.2 Transport and unloading

Goods are delivered by KUBATEC BMT AG itself or by a transport company commissioned by KUBATEC BMT AG to the address specified in the offer, order confirmation, or by the customer, whereby the unloading point must be easily accessible to vehicles. When unloading, the goods are placed on the ground next to the vehicle.

The recipient must provide the necessary assistance when goods are unloaded. KUBATEC BMT AG will invoice any waiting time according to the applicable rate. If delivery has been notified but the customer or a person commissioned by them is not present upon delivery, the goods are deemed to have been duly handed over upon unloading. Any transport damage must be reported in writing by the customer to the delivering KUBATEC BMT AG sales outlet and to the carrier within 48 hours of acceptance of the goods.

6. Transfer of benefit and risk

Benefit and risk pass to the customer upon delivery of the goods from the KUBATEC BMT AG sales outlet or warehouse, even if delivery is made carriage-paid or under a similar clause. The only exception is deliveries made by KUBATEC BMT AG or, in its name, by the supplier, in which case benefit and risk pass to the customer upon unloading.

7. Warranty for defects

7.1 Defects

Minor deviations customary in the trade or resulting from the manufacturing process in dimensions, surface finish, weight and colour, and generally any differences that do not deviate from applicable standards, do not constitute defects, provided that the delivered goods are fit for their intended use. There is also no defect in the following cases: disregard of recognised rules of the construction industry; improper handling, use, application or storage; breaches of technical instructions or of assembly and maintenance requirements; breaches of design or other regulations of suppliers or manufacturers; natural wear and tear or excessive strain.

7.2 Notice of defects

The customer or the driver commissioned by them must inspect the condition of the goods immediately upon receipt. Notices of defects concerning the goods, as well as complaints regarding incomplete or incorrect delivery, will only be considered by KUBATEC BMT AG if made in writing to the delivering sales outlet, together with the delivery documents or invoice, within seven working days of receipt of the goods at the latest. Defects that are not identifiable upon immediate inspection must be reported immediately upon discovery. If the customer fails to do so, the goods are deemed to have been accepted. Defects must be precisely described. Goods that are the subject of a complaint may under no circumstances be installed or otherwise used; otherwise they are deemed to have been accepted. KUBATEC BMT AG will forward the notice of defects to the relevant supplier or manufacturer.

7.3 Limitation period

The warranty period is one year from delivery of the goods.

7.4 Warranty services

In the case of justified notices of defects and warranty claims, KUBATEC BMT AG is entitled, at its discretion, to replace or repair the defective goods at its own expense, to grant a price reduction, or to reverse the sale. For repaired or replaced goods, KUBATEC BMT AG provides the same warranty as for the original delivery. Replaced or returned parts become the property of KUBATEC BMT AG. In special cases, KUBATEC BMT AG may bear all or part of the removal and installation costs as well as transport and service expenses, provided these are reasonably proportionate to the value of the goods in question. Further claims, in particular for compensation for damage not directly related to the delivered goods themselves (direct and indirect damage), are excluded. Warranty services provided directly to the customer by the supplier or manufacturer remain reserved. Notices of defects and warranty claims do not release the customer from the obligation to pay on time. KUBATEC BMT AG's warranty obligation is generally deemed excluded to the extent that it acts merely as an invoicing and payment agent.

8. Exchange and return of goods

Exchange and return of goods are only possible with the consent of KUBATEC BMT AG. Custom-made products and goods that KUBATEC BMT AG does not carry in stock or that were delivered directly from the factory will not be taken back. Any transport and packaging costs are borne by the customer in all cases. Expired goods and opened packaging will neither be exchanged nor taken back. Returned goods will only be accepted in perfect condition and will be credited at a deduction of at least 20% of the invoice price. KUBATEC BMT AG will issue a return note for all returns.

9. Terms of payment

Payment terms are agreed before the start of the first business relationship. KUBATEC BMT AG reserves the right to revise payment terms at any time.

10. Retention of title

KUBATEC BMT AG and the customer hereby expressly agree on a retention of title applicable to all purchase contracts concluded between the parties. The customer therefore does not become the owner of the goods sold upon taking possession, but only upon payment of the entire agreed purchase price. KUBATEC BMT AG is thus authorised to unilaterally arrange, at its own expense, for the registration of this retention of title in the public register held by the debt enforcement office.

11. Place of performance, jurisdiction, applicable law

The place of performance is the registered office of KUBATEC BMT AG. For all disputes that may arise from the contract or these General Terms and Conditions, the registered office of KUBATEC BMT AG shall be the exclusive place of jurisdiction. The contract and these General Terms and Conditions are governed by the law of Liechtenstein. Should any individual provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: 2026