General Conditions of Sale and Supply
All our deliveries are governed by the following conditions, provided no other exceptional agreements have been concluded in writing. Customers’ own purchasing terms and conditions do not apply and do not constitute an integral part of contracts.
All descriptions, data and illustrations given in our sales documentation (data sheets, brochures, quotations, confirmations of order and invoices) are not binding. We reserve the right to make changes on development or marketing relevant grounds.
All figures in our quotations and price lists are stated in Swiss francs (CHF) plus VAT; in Europe and Asia, EURO (€) listings are also possible. Quotations and invoices for the USA are stated in US dollars (USD). They are subject to change and not binding on us. They can be amended or cancelled by us at any time without prior notice, provided no other exceptional agreements have been concluded in writing.
Prices apply for the volume categories on which the enquiry was based and are ex-works net; excluding VAT, freight, postal charges and packing. Prices are based on the known wage costs, costs, duties and exchange rates published on the date of confirmation of order. Should these increase during the delivery lead time, we reserve the right to adapt our prices accordingly.
Packing and/or shipment are charged at cost, provided no other agreements have been concluded in writing.
ORDER PROCESSING SURCHARGE
A surcharge can be levied on invoices valued below CHF 200.- (USD, € 150) and rebates cannot be granted.
We reserve the right to supply a +/- 10% excess or short delivery of the agreed volume for technical reasons.
Unless otherwise agreed in writing, our invoices are payable net, without discounts, within 30 days of date of invoice. Non-agreed discount deductions will be charged subsequently.
After payment reminders we are entitled to charge interest on arrears (standard current account interest rate of major banks plus 1%) and cost of reminders, at minimum CHF 5.- per reminder. Non-compliance with our payment terms absolves us of delivery obligations, but does not discharge the purchaser from its liability to accept the goods.
Delivery times begin with conclusion of contract, at the earliest however following receipt of all details and documentation required from the buyer. Delivery times apply conditional to unforeseen hindrances. In particular, an appropriate extension of the delivery deadline shall apply when specific conditions (see clause Force Majeure) prevent us from maintaining delivery times.
TRANSPORT AND TRANSFER OF RISK
The benefit and risk of the consignment shall pass to the purchaser at latest upon its departure from the supplier’s works, even when delivery is on a prepaid or similar basis. All consignments, including prepaid or truck deliveries travel without exception at the risk of the purchaser. When requested by the purchaser and against invoice, we insure all consignments “door to door” against potential risks.
All objections relating to damage in transit shall be reported to the responsible carrier prior to accepting the goods and claims for compensation shall be submitted in writing to that carrier by the consignee.
LIABILITY FOR DEFECTS
The consignee shall inspect the consignment for completeness and defects immediately upon receipt of the goods. Complaints on defective, incomplete supplies or services can only be considered when these are submitted in writing within 8 days of receipt of the consignment. In the case of consignment stocks, complaints must be submitted in writing within 8 days of call-off from stock. Complaints on hidden defects that were not identified, even during careful inspection of the consignment, shall be submitted at the latest within 8 days of detection. The consignee of defective goods shall grant us the opportunity to verify any complaints that have been submitted.
Our liability for defects does not extend beyond the following warranty conditions.
Goods that are proven unfit for use because of manufacturing defects or on other grounds will be reworked or replaced free of charge when returned prepaid. Further claims, in particular for direct or indirect damages, are excluded, even if submission of the corresponding claim was timely.
Replacement and return consignments can only be considered when previously agreed (following complaint on defects) and not later than 2 weeks from receipt of the consignment. We specifically retain the right to refuse return or replacement. This applies in general to goods that were manufactured to customer specifications, or are no longer in the full original condition, or are no longer in their undamaged original packaging.
We retain the right to charge our costs, alternatively not to credit the full invoice amount. Replaced goods become our property. Freight and packing costs shall be borne by the purchaser.
For all products, the latest quality regulations according to the current corporate management system, shall apply (carbide quality, mechanical dimensions and tolerances).
Circumstances of force majeure, shortages of raw and manufacturing materials or electrical energy, fire, production breakdowns, labour conflicts at our facilities or those of our sub-contractors, war, mobilisation etc., including foreign exchange restrictions, devaluations and deflation of currencies, or other government interventions in the economy, permit us to withdraw, partially or fully, depending on the exigencies in which we find ourselves, from our obligations to supply, without recognising any claim of the purchaser to compensation.
Clauses, conditions or provisos of the purchaser that contradict the foregoing are only then valid if they are based on specific written agreements or were expressly recognised by us.
RETENTION OF TITLE
In specific cases we retain the right to title of the consignment until it is fully paid. In such cases, we are entitled to register such retention of title in the retention of title register or equivalent at the purchaser’s domicile. Hence, the purchaser undertakes to inform us immediately if it or the consignment changes domiciles.
INDUSTRIAL PROPERTY RIGHTS
All brand names, drawings and project documents remain our exclusive property. None of these shall be used, reproduced or transferred to third parties without our express permission in writing.
JURISDICTION, APPLICABLE LAW AND PLACE OF PAYMENT
These General Conditions of Sale and Supply are governed by Swiss substantive law. Place of jurisdiction is CH-1712 Tafers, Switzerland. Place of fulfilment of payment is CH-1716 Plaffeien, Switzerland.