General Terms and Conditions of Sale – Toitvert.ch

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Valid from 2026 – Toit Vert SA

Article 1 – Scope

These General Terms and Conditions of Sale (GTC) apply to all products and services supplied by Toit Vert SA, unless otherwise stated in writing on the invoice.

Placing an order implies full and unconditional acceptance of these Terms and Conditions.

Article 2 – Nature of the products and services

The products supplied by Toit Vert SA include live plants, growing media and green roof systems.

By their very nature, these factors are subject to biological, climatic and environmental variations that are beyond the control of any company, even a specialist one.

The services offered by Toit Vert SA may include, depending on the quotation:

  • the supply
  • delivery
  • installation
  • the interview

Article 3 – Terms of delivery and transfer of risk

3.1 General principle – EXW Incoterm

Unless otherwise specified in writing, deliveries are made in accordance with the Incoterm EXW (Ex Works – ex farm/nursery).

In this regard:

  • The products are deemed to have been delivered as soon as they are made available by Toit Vert SA; ;
  • The risks associated with transport, handling, storage and use are transferred to the customer at that point.

3.2 Delivery with transport included

Where transport is, exceptionally, included in the offer:

  • Toit Vert SA’s liability is strictly limited to transport to the place of delivery; ;
  • Unless otherwise stated, delivery does not include unloading, handling or installation.

As standard deliveries are carried out using trailers without built-in lifting equipment, the customer is responsible for the following, unless otherwise stated:

  • the organisation of unloading; ;
  • the provision of appropriate technical resources; ;
  • the safety of people and property.

The customer is liable for any damage occurring during unloading or handling.

Article 4 – Existing structure and load-bearing capacity

Toit Vert SA’s services are carried out on the basis of information provided by the client regarding the existing structure (roof, roofing, framework, building).

Unless otherwise specified in writing, Toit Vert SA:

  • does not carry out any static or structural checks; ;
  • does not carry out any lift analysis or structural design calculations.

The customer remains solely responsible for:

  • the load-bearing capacity of the support; ;
  • its structural condition; ;
  • its watertightness; ;
  • its compliance with the relevant standards.

Article 5 – Liability during installation

When Toit Vert SA carries out the installation, it is carried out as follows:

  • with care and in accordance with best horticultural practice; ;
  • without any commitment regarding the structural capacity of the support.

Toit Vert SA cannot be held liable for any faults, damage or deterioration arising from:

  • due to a pre-existing defect in the substrate; ;
  • due to insufficient load-bearing capacity or an unsuitable initial design of the structure.

Article 6 – Liability following installation and transfer of risk

Once installation is complete:

  • the work is deemed to be the client’s responsibility; ;
  • the risks associated with fixed and variable costs are transferred.

This includes, in particular:

  • the weight of the trays, growing media and plants; ;
  • the cost associated with retention water; ;
  • changes in mass over time; ;
  • weather-related stresses (rain, snow, frost).

For example, Toit Vert SA accepts no liability in the event of failure of a carport, a lightweight structure or a similar structure that is unable to bear the resulting loads, including where such failure occurs immediately or at a later date following installation.

Article 7 – Characteristics of live plants, guarantee and care

As plants are living organisms, Toit Vert SA does not guarantee:

  • complete and uniform recovery in the absence of maintenance; ;
  • a strictly identical trend over time; ;
  • a static visual effect.

The Toit Vert SA warranty applies exclusively under a maintenance contract entered into with Toit Vert SA, commencing immediately after installation carried out exclusively by Toit Vert SA’s teams.

In this context, Toit Vert SA guarantees:

  • maintaining the level of vegetation cover originally specified; ;
  • for the entire duration of the maintenance contract; ;
  • subject to compliance with the technical specifications, normal conditions of use and the absence of exceptional circumstances.

If the installation was not carried out by Toit Vert SA, if there is no maintenance contract, or if the terms of the contract are not complied with, no claim may be made under the vegetation cover warranty.

Furthermore, any guarantee is subject to the following conditions:

  • the absence of any intervention by unauthorised third parties; ;
  • compliance with the terms of use of the work; ;
  • the integrity of the medium.

Article 8 – Maintenance and third-party intervention

Proper maintenance is essential to the long-term durability of the structure.

Any intervention by the client or a third party not authorised by Toit Vert SA will result in:

  • the release of Toit Vert SA from all liability; ;
  • the loss of any guarantees that may have been granted.

Article 9 – External events

Toit Vert SA cannot be held liable for any consequences arising from:

  • a lack of, or failure to provide, watering; ;
  • climatic events such as drought and/or heatwaves; ;
  • acts of vandalism; ;
  • improper use; ;
  • subsequent alterations to the structure.

Article 10 – Use of deliverables for communication purposes

Any project incorporating a product marketed by Toit Vert SA may be used by the company for communication purposes, in particular:

  • photographs; ;
  • videos; ;
  • marketing materials; ;
  • website; ;
  • social media; ;
  • reference files.

This use is carried out in a manner that respects the client’s reputation and without disclosing any sensitive or confidential information, unless otherwise agreed in writing.

Article 11 – Spirit of collaboration

Toit Vert SA is committed to acting with professionalism, transparency and a spirit of collaboration.

The purpose of these Terms and Conditions is to clarify the respective responsibilities of the parties and to ensure a lasting, harmonious and balanced relationship between them.

Article 12 – Governing law and jurisdiction

These Terms and Conditions are governed by Swiss law.

The place of jurisdiction is the registered office of Toit Vert SA, subject to any mandatory statutory provisions to the contrary.