GENERAL TERMS AND CONDITIONS
OUR GENERAL TERMS AND CONDITIONS
OUR GENERAL TERMS AND CONDITIONS
All quotations and deliveries are subject to the following General Terms and Conditions of Sale and Delivery. Any deviations are only acceptable if they have been approved in advance by us in writing.
Prices offered orally or in writing are only applicable, if the quantities stated in the offer are ordered without changes. We expressly reserve the right to adjust our prices. Unless otherwise stated the prices are stated excluding value-added tax, ex works. If the stated prices are listed as recommended final selling prices the reseller is charged with the selling prices deducted by the reseller discount plus value-added tax.
3. Terms of payment
The invoices have to be paid within 30 days net. After 30 days our company is entitled to put the customer in default by setting a payment deadline and to charge interest and expenses after this deadline. Art. 107 CO remains reserved.
First orders from new customers can only be delivered with prepayment and 2% discount. The following only applies for Swiss customers: If the customer picks up the goods directly at the warehouse, a discount of 5% is granted. If the goods are paid in cash, the customer receives 2% cash discount of the net value.
4. Reservation of proprietary rights
The products delivered remain in the property of the seller until all invoices have been paid. If the goods are resold before payment, the customer assigns the claim from the resale in the amount of the unpaid delivery price to the seller as part of the proper business transaction, without this requiring a special assignment declaration. Costs for debt collection have to be borne by the customer. If there is a delay in acceptance on the part of the customer the seller is authorized to immediately resell the goods.
Confirmed deliveries can be cancelled by the seller if on the day of delivery not all invoice amounts have been paid in time or the financial details about the customer are not satisfactory.
5. Freight forwarding, postal, customs and freight charges
Deliveries are made exclusively at the expense and risk of the customer. Benefits and risks are transferred to the customer in ex works deliveries. Reusable packaging is 1:1 exchanged at delivery. In case the packaging cannot be exchanged the customer bears the resulting additional costs. For Switzerland free delivery to the pavement or loading ramp applies for orders of at least CHF 800.- net invoice value. If the invoice value lies between CHF 500 and CHF 800 a proportion of the transportation costs is charged with CHF 50.-. For orders of less than CHF 500.- transportation costs of CHF 73.- per delivery are charged.
Parcel shipping according to Postpac tariff + CHF 8.- for packaging costs. For limited or fixed delivery times as well as deliveries before 10.00 a.m. CHF 50 and for deliveries before 08.00 a.m. CHF 80 are charged additionally for each unloading point. For the delivery of goods in a building floor, a cellar etc. the effective additional costs are charged. For post express deliveries and shipments from Switzerland abroad, the respective actual freight charges, LSVA/toll and customs/customs clearance fees are charged to the customer. Freight costs, services and surcharges are quoted excluding value-added tax.
6. Benefits and risks
Any notice of complaint about missing or damaged goods needs to be handed over to the freight carrier at receipt of the delivery. If goods are collected at the warehouse the signature of the driver confirms the receipt of delivery and the collector bears the risk of damage. Complaints can only be considered if they are communicated within at latest 3 working days after receipt of the goods in writing including the delivery note or invoice number.
The illustrations in the catalogue show pictures of individual pieces. Slight deviations in size and form as well as colour constitute no reason for complaint. The liability is limited to the materials delivered by us and to the invoiced amount. Additional warranties are excluded.
7. Scope of delivery obligations
The information about the anticipated delivery time and delivery dates is non-binding and constitutes no final deadline. We endeavour to meet the specified dates. The customer is not authorised to rise any claims from exceeded delivery dates, in particular there is no right of withdrawal and/or claim for compensation, unless the parties have explicitly agreed otherwise. This also applies in case of force majeure. Cases of force majeure are in particular complete or partial shutdowns of our delivery centres, natural disasters, war, strikes, terrorism, weather and traffic conditions such as e.g. roadblocks or traffic jams, fires, official actions or similar. The seller is not liable for damages arising for the customer due to non-delivery. Product changes are made without prior notice in terms of technical progress.
The following only applies for Swiss customers: If the customer requests a partial delivery in case not all articles are available at the delivery date, both the partial as well as any pre- or subsequent deliveries are subject to our freight charges defined in Clause 5.
8. Copyright, patent and trademark rights
Trademarks, drawings and projects remain our property. It is not permitted to reproduce them, use them or pass them on to third parties without our explicit approval.
9. Place of jurisdiction
For any disputes arising from the contractual relationships between our customers and our company it is tacitly agreed that the factual and local competent court is Konolfingen in 3082 Schlosswil.
(Swiss customers: customers with registered office in Switzerland)
CH-3112 Allmendingen, 09th September 2013 - INTERHYDRO AG