Terms and Conditions
1. Quotations
In the absence of any other written agreement our quotations are valid for immediate acceptance but are made without obligation and are not binding, particularly in cases where substantial changes in the cost of materials, wages and/or rates of exchange have occurred between acceptance of an order and final delivery. The supplier reserves the right in all cases to accept or decline orders.
2. Delivery
All delivery dates are realistically calculated to the best of the supplier’s knowledge and belief but are not binding. In no circumstances will a delay in delivery authorize cancellation of a contract. The supplier does not accept responsibility for default or any liability for damages.
3. Delivery commitment
A commitment for delivery shall exist only within the terms of our confirmation of order. Disruptions due to force major (late delivery of materials, strikes, mobilization, etc.) or any other event beyond the control of the supplier shall absolve the latter from any obligation to deliver an order in whole or in part. In spite of a fixed date specified in the contract, deliveries may be withheld beyond such a date in the situation where the party placing the order has not paid, or only partially paid for pervious shipments or where the credit standing of the party placing the order does not permit further shipments.
Quotations and confirmations relating to new parts are made in all cases on the basis of our estimates of the production cost. We reserve the right to withdraw from a delivery contract in the event of unforeseen difficulties which cannot be resolved by the supplier at justifiable cost.
4. Packaging
Packing materials will be charged at cost and are non- returnable with the exception of Euro-pallets, which will be exchanged.charged at cost price and will not be taken back. Euro pallets are excluded from this and will be exchanged.
5. Dispatch
All goods will be dispatched for the account and at the risk of the buyer. In the absence of any other arrangement, goods will be dispatched by the cheapest route (assumed minimum net value: CHF 5’000.-) either free delivered Swiss Federal Railways station of free delivered Swiss frontier.
6. Notifications of defects
Defects must be notified in writing within 14 days of receipt of consignments. In the case of justifiable complaints we reserve the right to replace or credit defective goods at our discretion. All further claims are expressly excluded.
7. Over and under deliveries
Since our articles are mass produced, we reserve the right to exceed or short shipments by fifteen percent (15%) in both quantity and weight. Furthermore, we shall not be held responsible for variations in quality or other aspects from the sample furnished which have been accepted as normal in business and trade.
8. Call off-orders
Such orders are subject to special agreement in all cases. Call-off and invoicing must take place not later than 12 months from the date of the initial delivery.
9. Terms of Payment
Our invoices are due and payable within thirty days from the date of the delivery, with no deductions of any kind permitted. Should these payment deadlines be overrun, a default charge of one percent (1%) per month, calculated at the beginning of each month, shall be made.
10. Reserve of title
All goods shall remain the exclusive property of the supplier unless and until fully paid for.
11. Place of performance
For delivery and payment: Rotkreuz, Switzerland.
The place of jurisdiction for both contracting parties shall be Zug ZG, Switzerland. The Swiss Code of Obligations shall apply.
12. Conditions
Exceptions to the foregoing terms and conditions of delivery shall be valid only if confirmed by us in writing.