General Terms and Conditions
1. Offer and Order Issuance
Our offers are non-binding in every respect.
2. Delivery Deadline
The delivery deadline is always approximate only.
If there is uncertainty as to the details regarding the nature and implementation of the goods to be delivered, the delivery period begins upon full clarification of these points by the purchaser. Any changes desired by the purchaser after this point can be accommodated only if they relate to catalogue goods or, in the case of custom goods, the work has not yet started.
In this connection, any added costs we incur are made known to the purchaser and are for the account of same. In this case, the delivery period begins upon our acceptance of the desired changes.
Our sales prices are ex works Walzenhausen.
Shipping or freight, insurance, and packaging are charged to the recipient. In the event of price increases for raw materials and finished goods, as well as general wage increases, we reserve the right to make corresponding increases to our prices.
4. Payment Terms
Unless agreed otherwise, all invoices are due and payable not later than 60 days following the date of invoice. Default interest may be charged in the event of late payments. For payment within 10 days a cash discount of 2% is allowed.
5. Claims for Defects
Claims for defects will be considered only if made within 8 days of receipt of the goods. With regard to objective defects, which require acknowledgement by us, we may, at our discretion, either replace or repair the defective goods. All other claims for damages, as well as the purchaser’s right to rescind the contract, are precluded.
In the case of force majeure, as well as in the event of marked deterioration in the purchaser’s commercial circumstances, particularly as regards its assets, we have the right to rescind the order in whole or in part, under exclusion of claims for damages. Such rescission must be declared by us within a reasonable period of time.
7. Retention of Title
We retain title to all goods delivered by us until payment of all claims arising from the business relationship. The same also applies where the purchase price was paid for certain deliveries of goods designated by the purchaser.
The purchaser is obligated to notify us without delay of claims made by third parties with respect to goods delivered subject to retention of title. The purchaser may sell or otherwise dispose of the delivered goods only in the normal course of business. Until payment in full of all our claims arising from deliveries of goods, the purchaser now hereby assigns to us all claims it has against its customers resulting from the sale or other disposal of the goods delivered by us or based any other legal ground. Such advance assignment is made in the full amount of the claim once such claim arises and, for reasons of perfecting security, has in rem effect with all ancillary rights. In the event the purchaser is in default in payment or experiences financial difficulties, we are entitled to demand the immediate surrender of goods not yet resold.
8. Place of Performance
Place of performance for delivery and payment, as well as place of jurisdiction for both parties, is Walzenhausen. Once the goods are placed for delivery, risk of loss passes to the purchaser, even in cases where free delivery was agreed upon. Unless agreed otherwise, loss and damage during transport are the responsibility of the purchaser.