Terms and Conditions GEZOLAN AG 

Version 007/2025

Scope of application

These terms and conditions (TC) shall apply to all business relationships between the GEZOLAN AG and their customers in the version that was current at the time the contract was concluded unless GEZOLAN AG and the customer have entered into a separate written agreement or written framework contract. These TC shall apply exclusively. Conflicting or deviating terms and conditions of the customer or contractual partner shall not be accepted unless GEZOLAN AG agrees to them expressly and in writing on a case-by-case basis. If individual provisions of these TCs are or become ineffective initially, the validity of the remaining provisions of the TCs shall be unaffected.

Delivery times

Unless otherwise agreed in writing, GEZOLAN AG shall not be bound by the delivery times they specify, but shall commit to observing these delivery times to the greatest possible extent. GEZOLAN AG shall be entitled to make partial deliveries provided they do now result in any added cost to the customer. In the event of delays for which GEZOLAN AG is not responsible, the customer shall not have the right to withdraw from the contract and / or file claims for damages. 

Transport / delivery

FCA Dagmersellen (FCA as per Incoterms 2020).

Obligation of offers

Offers made by GEZOLAN AG shall remain valid for a period of 30 days of date of offer.

Changes in price

If the period between conclusion of contract and delivery extends to at least three months, GEZOLAN AG expressly reserves the right to adjust their prices on account of changes in raw material prices, taxes, duties, fees and any other type of levies as well as currency fluctuations that may have occurred in the meantime.  

Terms of payment

Unless agreed otherwise, the payment terms for invoices issued by GEZOLAN AG shall be 30 days net (without deductions) from the date of invoice. Upon expiry of the payment deadline, the consequences of delay shall be invoked immediately and without prior reminders. Any options for the customer to offset payments to which GEZOLAN AG is entitled shall be excluded. Payment reminders issued by GEZOLAN AG shall be charged at a lump sum of CHF 50.00.
If facts give rise to reasonable doubt as to the customer’s solvency, especially in the event of arrears of payment, initiation of composition proceedings, initiation of voluntary or involuntary liquidation or actions with a similar outcome, GEZOLAN AG shall be entitled without prejudice to their other rights to demand securities, payment in advance or payments in cash and make all outstanding receivables arising from all legal transactions with the customer due for premature or immediate payment. GEZOLAN AG shall furthermore have the right to demand the return of goods already delivered and / or withdraw from the contract without entitling the customer to any claims for additional delivery and / or damages.

Warranty / liability

Unless otherwise agreed, GEZOLAN AG shall grant a one-year warranty period from the date of shipment of factory-new goods. The customer shall be entitled to delivery of defect-free goods. The term " defect-free goods " means that the goods are in the contractually agreed condition. Defects are therefore deviations from the agreed condition (poor or incorrect delivery). The customer shall be obliged to inspect goods purchased from GEZOLAN AG for obvious defects immediately upon their receipt. Any notification of defects, including hidden defects, must be given immediately and in writing as the goods shall otherwise be deemed accepted and approved.  
If the delivered goods are found to be defective, GEZOLAN AG shall at their own discretion rectify the defect or provide for a replacement / additional delivery. Other claims of the customer, namely reduction of the purchase price, withdrawal from the contract, the assertion of error as well as claims for damages for direct or indirect damage or for consequential damage caused by a defect, are excluded to the extent permitted by law. This exclusion also applies to liability for auxiliary persons.  All claims the customer may have against GEZOLAN AG shall be limited in any case to the merchandise value of the corresponding shipment.

Advice shall be given to the best of GEZOLAN AG’s knowledge, but without guarantee, and shall not exempt the customer from conducting their own checks of GEZOLAN AG products with a view to their suitability for the customer’s intended processes and purposes. It remains the customer's duty to check the suitability of the product for its intended use, in particular in artificial turf systems, running track systems and fall protection systems, and to ensure that the goods are suitable for the intended purpose in terms of shape and quality. The specifications, the instructions for care, and use provided by the system manufacturer must, in any case, be followed and observed. If unsuitable solvents or chemicals are used during installation or maintenance, no defect shall be deemed to exist and any liability shall be rejected to the extent described above.

GEZOLAN AG shall not be liable for any damage arising from imprecise or incorrect information on the intended purpose or on electrical, mechanical, thermal, chemical, physical, or biological requirements or requirements of another kind or for any damage attributable to incorrect type designations or to improper storage, handling or use of the goods or to modifications or repairs on the goods conducted by the customer, their auxiliary persons or third parties consulted by the customer. Furthermore, GEZOLAN AG shall not be liable for damage of any kind if its products are mixed with granules from other manufacturers and suppliers. The customer is aware that harmful interactions can occur when products are mixed.

GEZOLAN AG shall be released from their warranty obligations for as long as the customer is entirely or partially in arrears with the payments they owe GEZOLAN AG. 

Color & color fastness / aging process

The color selection, the individual color shares and the color designations of the products made by GEZOLAN AG are subject to periodic changes and adjustments. It is, therefore, possible for variations in color to occur between the time the products are ordered and the time they are delivered. Such color deviations shall not constitute a defect.
The colors of the products made by GEZOLAN AG may slightly change or fade over time due to radiation from the sun and / or other climatic or environmental influences. Such changes as well as the natural wear of the rubber granulate and all other natural aging behavior shall not constitute a defect.
Color rub off of EPDM floorings is a normal process that in general must be regarded as a state-of-the-art. Such a possible color rub off shall not constitute a defect. GEZOLAN AG shall not be liable for costs resulting from maintenance or corrective measures due to color rub off. 

Retention of title / consignment

The goods delivered by GEZOLAN AG shall remain the sole property of GEZOLAN AG until all payments including all claims arising against the customer in the future have been received in full. To the extent permitted by law, the retention of title shall also extend to property items created by conversion. The property item created by conversion shall be used to secure the claims of GEZOLAN AG in the amount of the value attached to the goods that have been processed and are subject to retention of title. 
The customer declares their consent to allow GEZOLAN AG to register the retention of title with the appropriate registration office on behalf and at the expense of the customer. In the event that GEZOLAN AG is required to claim retention of title towards the customer, GEZOLAN AG reserves the right to charge the costs associated with the registration of retention of title to the customer. The customer undertakes to refrain from all actions that would run contrary to the intended goals behind retention of title.
If consignment has been agreed, GEZOLAN AG shall establish the warehouse at or near the customer in their own name. The goods retrieved / purchased from the consignment warehouse shall be subject to the same retention of title provision set out above and must not be resold by the customer in any case until the customer has paid in full all goods purchased from GEZOLAN AG.

Extraordinary events

Events of force majeure (e.g. warlike events, natural disasters, elemental forces, epidemics and pandemics), other unforeseeable events beyond the control of GEZOLAN AG (e.g. fire, disruption of operations, strike), shortages in raw materials, fuel, energy, etc. resulting from the aforementioned events as well as foreign currency restrictions and the revaluation and depreciation of currencies shall entitle GEZOLAN AG to entirely or partially withdraw from their contractual obligations / the contract without making the customer eligible to any claims for additional delivery and / or damages. GEZOLAN AG shall have the same right if the aforementioned events occur at or have an impact on their suppliers / sub-suppliers / sub-contractors. 

Data

GEZOLAN AG processes, uses and stores customer data if and insofar as this is necessary to fulfill the contract, to ensure technical operational security, to provide and maintain the website and to issue invoices (including debt collection). Any further use, e.g. for advertising or marketing purposes, shall only take place with the additional information and consent of the customer and with the voluntary transmission of data by the customer. By visiting the GEZOLAN AG website (www.gezolan.com), information about the access (IP address, dates, time, page visited on the website) may be stored automatically. This information is used exclusively for statistical purposes. The information is treated as strictly confidential. The information is not passed on to third parties, whether for commercial or non-commercial purposes, unless this is required by law. Further information on data protection can be found on the GEZOLAN AG website in the "Data protection policy" section. In addition, the data protection declaration available on the GEZOLAN AG website, which forms an integral part of these TC, applies.

Applicable law / place of performance / place of jurisdiction

Swiss law shall apply exclusively, with the explicit exclusion of the provisions of the Vienna Sales Convention/CISG. The place of fulfilment and jurisdiction is exclusively Dagmersellen (Canton of Lucerne, Switzerland).

CH-Dagmersellen, April 2025

 

» Download Terms and Conditions as PDF