General Terms and Conditions of Sale and Delivery
(This is a translated version. Only the German version is legally relevant)
1. General Terms and Conditions: Our agreements and services are performed exclusively based on the following conditions. General terms and conditions of business of the Customer are hereby expressly rejected. Any verbal ancillary agreements require our written confirmation.
2. Offers: Our offers are valid for a limited time, either in accordance with the legal regulations or in accordance with the specific information provided in the offers. Any sent documents, such as brochures, diagrams, drawings and details regarding dimensions and weights are non-binding. We reserve the right to carry out changes to our products necessitated by technical progress: this does not entitle the Customer to derive any rights from this. Enclosed documents such as drawings, drafts, circuit diagrams, quotations, etc. remain our property and may not be made accessible to third parties. Upon request, these documents must be returned to us.
3. Prices: Prices are in SFr ex store, excluding VAT, freight charges, insurance and packaging. Should changes to merchandise occur due to mark-ups, additional fiscal charges, increased customs duties or currency fluctuations, the supplier is entitled to apply a corresponding price adjustment. The prices are non-binding for repeat orders. The supplier reserves the right to make changes to printed price lists and catalogues. Should specific certificates, certificates of origin, etc. be requested, we reserve the right to charge for such accordingly.
4. Delivery deadlines: We endeavour to keep the delivery deadlines we quote, even in the event of unforeseen difficulties. A delay to the delivery does not give the Customer the right to withdraw from the contract. If we are prevented from punctually fulfilling our obligations due to the occurrence of unforeseen events affecting us or our suppliers and which we cannot avert even by applying reasonable care according to the circumstances of the case (e.g. war, natural phenomena, accidents, strikes), the delivery deadline is extended by the duration of the hindrance and an appropriate preparation time. Compliance with the delivery deadlines requires the Customer to provide all necessary details regarding specifications in good time.
5. Dispatch: In the absence of special agreements, we select the packaging and method of dispatch. The passage of risk is borne by the Customer upon dispatch. Insurance against damage in transit is only taken out following a separate agreement and at the expense of the Customer.
6. Guarantee: Our guarantee commences on the date of the delivery or the completion of the installation for any defects whose cause can be provably traced back to material defects or defective manufacture occurring during the agreed guarantee period. However, our guarantee is limited, at our discretion, to the replacement of or repairs to the defective products/parts and/or the refunding of the value of the invoice of the products/parts not replaced. Claims for damages or direct or indirect consequential damages are excluded. Our guarantee expiries if interventions and changes to the objects delivered by us are made without our written consent. A complaint about partial deliveries does not entitle the Customer to reject the rest of the delivery.
7. Complaints (notices of defects): In the case of visible defects, the Customer or Purchaser is to notify us of such defects within 8 days of receipt of the delivery. Should concealed defects only become apparent later, notification of such must be made within the same period of time – by expiry of the guarantee period at the latest, however. Should no notifications be made, the delivery is considered approved. We are to be notified in writing of defects. Deliveries with possible damage caused in transit are to be accepted with reservations and the haulage contractor is to be notified immediately for the purpose of documenting the facts and safeguarding all rights.
8. Cancellation of order: Confirmed orders can only be cancelled if we agree and the Customer assumes the cancellation charges of 10% of the purchase price. Should parts of orders be cancelled, the Customer is also charged the price difference arising from the purchased shortfall. The return of delivered equipment is only accepted by us at our discretion if the equipment is as new and still in the original packaging and if we have issued prior written consent to return the equipment. In these cases, we reserve the right to credit the Customer with maximum 80% of the charged purchase price for completely new standard equipment. Less standard articles made to order or ordered from one of our suppliers cannot be returned, even if they are featured in a catalogue. The decision as to whether a device is standard or not is down exclusively to us.
9. Terms of payment: Our invoices are payable within 30 days of their issue, net, without any discount. Should the Customer be in arrears with any financial obligations to us, all demands for payments immediately become due. We deliver to Customers unknown to us on a cash-on-delivery or upon payment in advance. The same applies to Customers who do not comply with their financial obligations to us. For orders in excess of SFr 25,000, we are entitled to request appropriate payment on account.
10. Reservation of ownership: We reserve the right of ownership to all sold products until such time as we receive the full purchase price of such, and are entitled to initiate a corresponding entry in the competent retention of title register.
11. Applicable right and place of performance: Place of jurisdiction and fulfilment for deliveries and payment is Brüttisellen. Swiss law only is applicable.
12. Final clauses: Should individual provisions of these conditions be invalid either fully or partially, the other provisions are not affected.