General terms and conditions

GRAVITA GmbH
Schaffhauserstrasse 369, 8050 Zürich
CHE-453.850.973

Last updated: July 2026

1 General

1.1 The legal relationship between GRAVITA GmbH and the orderer or buyer (hereinafter “customer”) is governed primarily by the written agreements made in the individual case. Unless deviating individual agreements have been made, these General Terms and Conditions (GTC) form the exclusive basis for all transactions between GRAVITA GmbH and the customer. Deviating terms and conditions of business or purchase of the customer or third parties are therefore only valid if and to the extent that they have been expressly acknowledged in writing by GRAVITA GmbH. GRAVITA GmbH hereby expressly objects to any reference by a customer to its own terms and conditions. If the customer does not agree with this provision, it must notify GRAVITA GmbH in writing without delay. In the event of a written objection, GRAVITA GmbH reserves the right to withdraw its offers and deliveries without replacement, without the customer being able to derive any claims of any kind from this.

1.2 A contract is concluded when the customer’s order has been accepted by GRAVITA GmbH in writing, on paper or electronically (order confirmation). GRAVITA GmbH is free to reject orders without giving reasons.

1.3 Should one or more of these provisions be or become invalid, this shall not affect the validity of the remaining contractual provisions. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the economic or legal purpose intended by it is achieved.

2 Technical regulations and instructions

2.1 Unless otherwise agreed, the products comply with the technical regulations applicable in Switzerland at the time of delivery.

2.2 The customer must ensure that the technical regulations applicable at the place of use are complied with. Insofar as these deviate from Swiss regulations, the customer must request the necessary modifications in writing and in detail when placing the order.

3 Terms of delivery

3.1 Unless otherwise agreed, delivery periods and delivery dates are approximate. They refer to the provision of the ordered products in the warehouse in Zurich Oerlikon at the premises of GRAVITA GmbH.

3.2 Delivery periods begin upon conclusion of the contract (section 1.2) and as soon as any advance payments or securities have been made, all technical questions have been clarified and any official approvals have been obtained.

3.3 Delivery periods are extended appropriately if the customer fails to fulfil its obligations to cooperate or pay, or fulfils them late, or if delays occur due to force majeure, official measures, operational disruptions, machine defects or late or defective supply of raw materials, semi-finished or finished products.

3.4 If the customer is in arrears with an advance payment or the payment for a previous delivery, GRAVITA GmbH is entitled without further ado to postpone the execution of new orders or to withhold them in whole or in part until all payment arrears have been settled.

3.5 If a specific delivery date is agreed, sections 3.2 to 3.4 apply accordingly.

3.6 In the event of late delivery, the customer is not entitled to withdraw from the contract or to any claims for reduction or damages (neither for direct nor for indirect damage). Any liability of GRAVITA GmbH and its auxiliaries is excluded to the extent permitted by law.

3.7 GRAVITA GmbH is entitled to make partial deliveries. It bears any additional logistics costs incurred as a result, provided that these partial deliveries are not made due to lack of cooperation or payment arrears on the part of the customer or at the customer’s request.

3.8 Benefit and risk pass to the customer as soon as the delivery or partial delivery is ready for collection by the customer or its carrier in the warehouse of GRAVITA GmbH and the customer has been notified of this date.

4 Prices and terms of payment

4.1 The prices listed in catalogues, price lists, on the website or in the online shop of GRAVITA GmbH are non-binding guide prices. Changes to prices, range and products are reserved at all times. Orders placed by the customer, in particular via the online ordering system, as well as orders or declarations designated by the customer as “order confirmation” are deemed exclusively to be an offer to conclude a contract. A contract is only concluded with the express acceptance by GRAVITA GmbH.

4.2 Only the prices stated in a specific offer or in the order confirmation are binding. Unless otherwise stipulated in the offer or in the covering letter, offers are valid for a maximum of 3 months from the date of issue. If the customer orders smaller quantities than offered, surcharges for small quantities or other surcharges remain reserved.

4.3 All prices of GRAVITA GmbH are net (excl. VAT) ex warehouse of GRAVITA GmbH in Zurich Oerlikon, Switzerland (“Ex Works” in accordance with Incoterms 2020).

4.4 All costs for packaging, transport, insurance, public charges and fees (e.g. value added tax, customs duties, export, transit and other permits, etc.) are not included in the prices and are borne by the customer. Insofar as GRAVITA GmbH advances these costs, they must be reimbursed by the customer.

4.5 Advance recycling fees (ARF) are charged on luminaires and lamps. Different tariff levels apply to luminaires, lamps are subject to a uniform tariff. These tariffs apply uniformly throughout Switzerland and are subject to the Ordinance on Price Disclosure (PBV) published by SECO (State Secretariat for Economic Affairs). The tariffs and lists of devices can be obtained from the Swiss Foundation for Light Recycling SLRS or viewed at www.slrs.ch.

4.6 Unless otherwise agreed, invoices are due immediately and must be paid by the customer without any deduction. GRAVITA GmbH reserves the right to demand full or partial advance payment. For private customers, payment in advance is always the only payment option.

4.7 The payment dates must also be observed if handover, transport, acceptance or installation of the delivery is delayed or made impossible for reasons for which GRAVITA GmbH is not responsible. The same applies if individual products are missing or defective.

4.8 If a customer has several open invoices, GRAVITA is entitled to allocate payments to the oldest open invoice(s), even if the customer instructs otherwise.

4.9 The customer acknowledges that offsetting advance payments or payments for deliveries against any claims of the customer against GRAVITA GmbH is excluded. Excepted are claims of the customer that have been expressly acknowledged in writing by GRAVITA GmbH for offsetting or that have been established by a court with legally binding effect.

4.10 The customer shall pay default interest of 9% p.a. on late payments, even without prior reminder. In the event of default in payment by the customer, GRAVITA GmbH is entitled to have the collection carried out by a third party at the customer’s expense. Any complaints about invoices must be made in writing within 14 calendar days of receipt of the invoice, otherwise invoices shall be deemed accepted.

4.11 GRAVITA GmbH remains the owner of the entire delivery until full payment has been made (incl. any incidental costs and default interest). The buyer may not dispose of the goods subject to retention of title. In the event of access by third parties, in particular bailiffs, to the goods subject to retention of title, the buyer must point out the ownership of GRAVITA GmbH and notify it immediately.

5 Returns

5.1 Samples may be returned without prior notification; other returns of goods are only accepted after prior notification and using our return form, the latest version of which is always available on the website.

5.2 Only catalogue products in their original packaging will be taken back.

5.3 Luminaires that have been modified or damaged by the recipient will be invoiced in any case (e.g. breaking out or modifying pre-punched entries, removed connecting cables, etc.).

5.4 All returns and samples are subject to the deductions according to the current evaluation table. The deductions are calculated on the basis of the net value of the goods.

5.5 Returned material that arrives without prior notification or without a return order document, or that does not comply with the conditions of the current table, unfortunately cannot be processed and will either be returned carriage forward, stored without compensation or disposed of in an environmentally friendly manner at the sender’s expense.

5.6 Products to be assembled to order (custom-made products) cannot be taken back.

5.7 Non-catalogue items procured specifically for the customer are excluded from exchange. The costs of returns are charged according to the polluter-pays principle.

6 Notice of defects, warranty

6.1 The customer must inspect the delivered products immediately after receipt for completeness, correctness and recognisable defects. In particular, the quantity delivered and the product types must be checked. Any transport damage found must be noted upon acceptance of the delivery and reported immediately to the responsible carrier so that the facts can be clarified and any claims can be safeguarded.

6.2 Any shortfalls, incorrect deliveries and/or defects in the delivered products must be reported to GRAVITA GmbH in writing without delay, but no later than 5 calendar days after handover of the products to the customer or its carrier at the head office of GRAVITA GmbH, with a precise description of the discrepancies or defects found. After this period has expired unused (receipt of the notice of defects by GRAVITA GmbH is decisive), the delivery shall be deemed approved with regard to shortfalls, incorrect deliveries and obvious defects.

6.3 GRAVITA GmbH grants a 5-year manufacturer’s warranty on the products sold in accordance with the following provisions:

Irrespective of the statutory warranty, we guarantee that our products are free from material, design or production defects during the warranty period of 5 years. The warranty applies from the time at which the delivery or partial delivery is ready for collection by the customer or its carrier in the warehouse of GRAVITA GmbH and the customer has been notified of this date, provided the products are used as intended within the product specifications. The following products, components or circumstances are excluded from these 5 years:

• Goods that have been further processed / modified by the buyer or its customers
• LED strips supplied loose and LED strip on cable reels: 2-year warranty
• Semi-finished products (e.g. partially assembled solutions)
• Outdoor luminaires and luminaires in outdoor applications: 2-year warranty
• Flexible strip luminaires: 3-year warranty
• Lamps with GU10 bases: 2-year warranty
• Batteries/rechargeable batteries in luminaires or supplied loose: 1-year warranty
• Motion detectors/luminaires with motion detectors: 2-year warranty
• Damage that does not impair the function of the product, e.g. scratches, cracks, dents, bumps, paintwork, decorative features, etc.
• Damage due to power supply conditions, including short-term voltage peaks, overvoltage/undervoltage, caused by switching operations or non-compliant NIV measurements
• Damage attributable to software errors, bugs, viruses or similar
• Damage due to force majeure
• Components and parts subject to wear or natural ageing, such as seals, plastic parts, connecting cables, etc.

Any further warranty or compensation is excluded. In particular, no costs are assumed for programming, transport, dismantling and reassembly of luminaires and devices or their components, or for any other consequential damage. Warranty services neither extend the warranty period nor start a new warranty period. The warranty period for repaired / replaced parts or replacement deliveries ends with the warranty period for the entire product. A prerequisite for a warranty claim is that the lamps / strips and luminaires have been operated with the control gear specified, tested and supplied by GRAVITA GmbH. The supplier informs the orderer that the orderer’s data required for carrying out the commercial business process will be stored. Deviations from the original product due to technical progress as well as reasonable deviations in design and properties are reserved.

6.4 Any hidden defects must be reported to GRAVITA GmbH in writing and in detail within the warranty period, within 5 days of discovery. At the request of GRAVITA GmbH, the customer must make the defective product available. The warranty covers defects that are demonstrably attributable to faulty manufacture, defective material or non-compliance with the applicable or agreed technical regulations (section 2 above).

6.5 Excluded from the warranty are non-functions or malfunctions attributable to improper use, improper handling or storage, disregard of installation or operating instructions, manipulation of the product, inadequate maintenance, overloading or other excessive stress, harmful weather and other environmental influences, chemical, electrolytic or electromagnetic influences and interference with other products. In the event of a warranty claim, GRAVITA GmbH will, at its discretion, either replace the defective product or parts thereof or grant the customer a price reduction. Any further liability of GRAVITA GmbH or its auxiliaries is excluded to the extent permitted by law. In particular, the customer or third parties have no claims whatsoever to compensation for damage that has not occurred to the delivered product itself, such as programming, assembly and installation costs, loss of production, loss of use, loss of profit or other direct or indirect damage and consequential damage, in particular direct and indirect damage to third parties caused by malfunction or non-function of the delivered products, etc. Likewise, there is no warranty for material on which changes or repairs have been made by the customer or third parties or for which the supplier’s installation or operating instructions have not been observed. Also excluded from the warranty are luminaires and devices manufactured according to the customer’s designs or models, insofar as any damage is attributable to design errors. If, in addition, the Federal Inspectorate for Heavy Current Installations requires an inspection or modification of such material, all resulting costs shall be borne by the customer. With the exception of price reductions, any warranty requires that the defective material is packed and delivered carriage paid to GRAVITA GmbH.

The following information on the service life of luminaires must be observed: the service life of all lighting products depends on compliance with the standard operating conditions stated in the technical data. Luminaires are wearing parts whose respective service life varies greatly (1,000 to 60,000 hours) and can be strongly influenced by the operating conditions. The service life of a luminaire is stated in operating hours (e.g. average service life = 50,000 hours) and is determined under standardised conditions that may differ from practice. If the service life is stated in years of operation, this is also based exclusively on assumed standard operating conditions (switching cycles, operating hours per year, etc.) and the usual criteria for maintenance intervals that appear reasonable for the intended application. Limit values for temperatures, an ambient temperature of 25°C and voltages must not be exceeded, and the product must not be exposed to improper mechanical or other loads. The decrease in luminous flux of LED light sources is normal up to a value of 1.0% per 1000 operating hours and is therefore not covered by the warranty. For electronic control gear or components such as LED modules, the average rated failure rate is 0.2%/1000 operating hours, unless the average rated service life and rated failure rate of the devices or components are defined otherwise in the product and application specifications (in particular according to catalogue, data sheet, product brochure and the like). This applies under the conditions listed below. Any warranty requires that the defective material is delivered packed and carriage paid to the premises of GRAVITA GmbH. The warranty exclusively covers product failures caused by proven material, design or production defects, as well as failure rates exceeding the rated failure rate. GRAVITA GmbH reserves the right to decide on the validity of the warranty claim itself after examining the product. The warranty expires immediately if changes, repairs, service work or troubleshooting are carried out on the products by the customer or third parties without the prior written consent of the guarantor. The colour tolerance of LED modules is not covered by the manufacturer’s warranty. The luminous flux and power of a new LED module / light source are subject to a tolerance of +/- 15%. In the case of subsequent deliveries of LED modules / light sources / luminaires, deviations in the lighting properties compared with the original products may occur due to technical progress and the usage-related change in the luminous flux and light colour of products. Agreed limitations of liability apply accordingly to the warranty claim.

6.6 If the customer complains about products that turn out to be free of defects, the customer may be charged for the inspection costs of GRAVITA GmbH.

7 Planning and advice by GRAVITA GmbH

7.1 Insofar as GRAVITA GmbH develops lighting concepts for the customer or advises the customer in this regard, these are courtesy services for which GRAVITA GmbH assumes no liability whatsoever. Excepted from this is compliance with specifically measurable requirements (e.g. illuminance), provided GRAVITA GmbH assumes corresponding liability in writing in the individual case.

8 Repairs requested by the customer

8.1 If the customer has products repaired by GRAVITA GmbH outside the applicable warranty provisions, the customer bears the corresponding costs, in particular for labour, material and transport.

8.2 If the customer requires a cost estimate for such repairs, it must notify GRAVITA GmbH in advance. The customer bears the costs of the cost estimate regardless of whether or not the repair is carried out.

9 Special obligations of the customer

9.1 The products may only be installed/dismantled and maintained by trained specialists (electrical installer in accordance with NIV) or, in individual cases, under a permit issued by the Federal Inspectorate for Heavy Current Installations in accordance with Art. 15 NIV for the connection of luminaires. Caution: the rated voltage required to operate luminaires is life-threatening!

9.2 The customer is obliged to observe and comply with all general rules (5+5 life-saving rules for working with electricity) as well as the applicable local regulations for the installation/dismantling, operation and maintenance of the products. In addition, the customer is obliged to observe and comply with the product-related installation, operating and maintenance instructions of GRAVITA GmbH.

9.3 If the customer supplies products of GRAVITA GmbH to third parties or has them installed by third parties, it must oblige these third parties in writing to comply with the regulations in accordance with the preceding sections 8.1 and 8.2 and ensure that the installation, operating and maintenance instructions are made available to the third parties in a language they understand. In addition, these third parties must be obliged in writing to transfer the obligation under this section 8.3 to any further purchasers.

9.4 If the customer, a person commissioned by the customer or a third party within its sphere of responsibility (e.g. purchaser or subcontractor) causes personal injury, damage to property or financial loss through an act or omission and GRAVITA GmbH is therefore held liable by third parties, the customer must fully indemnify GRAVITA GmbH. This also includes all costs incurred by GRAVITA GmbH in defending against such claims. Compensation must be paid on first demand.

10 Intellectual property

10.1 The intellectual property in all products (incl. know-how) belongs exclusively to GRAVITA GmbH or its suppliers, who alone are entitled to register industrial property rights (patents, designs, topographies, etc.) where applicable. All copyrights to software or firmware, cost estimates, technical drawings, product design, installation, operating and maintenance instructions and other documents belong without restriction to GRAVITA GmbH or its suppliers.

10.2 Unless expressly agreed otherwise in writing, this provision also applies if GRAVITA GmbH makes customer-specific adaptations, proposals, project sketches or developments. Such documents of GRAVITA GmbH may not be reproduced in whole or in part or made accessible to third parties without its express permission.

10.3 Insofar as the customer sends documents/data (drawings, plans, dimensions, samples, etc.) to GRAVITA GmbH, it warrants that these documents/data are free of third-party property rights and may be used and, if necessary, processed by GRAVITA GmbH within the scope of the respective project.

11 Applicable law, place of performance, place of jurisdiction

11.1 All legal relationships between GRAVITA GmbH and the customer are subject to substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

11.2 GRAVITA GmbH reserves the right to amend these GTC at any time. Amendments apply from the time they are communicated to the customer for all legal relationships subsequently established between GRAVITA GmbH and the customer. Should one or more provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and of these GTC as a whole.

11.3 The place of performance for all services is the Swiss registered office of GRAVITA GmbH.

11.4 The courts at the Swiss registered office of GRAVITA GmbH have exclusive jurisdiction for all disputes between the customer and GRAVITA GmbH. However, GRAVITA GmbH remains entitled to take legal action against the customer at any other permissible place of jurisdiction.

English version: translation. In the event of any discrepancy, the German version shall prevail.