General Terms and Conditions
1. Scope of application, General
For all our offers, offers and sales, the following general terms of sale and delivery apply exclusively. > Deviating or additional conditions are only recognized if they have been expressly agreed in writing.
2. Offers / Offers
Our stock lists and sales documents are always free and not binding. Quotations and quotations regarding the delivery of works are always subject to the approval and the possibility of delivery by the delivery companies and are binding only after our written confirmation. We reserve the right to make intermediate sales for stock.
Price basis according to agreement, also VAT as well as special requests regarding dispatch, packaging, transport and insurance. Unpredictable increases in factory prices, alloying and scrap impingement charges, taxes, customs duties or other legal charges, transport costs, insurance premiums shall be borne by the customer.
4. quantity tolerance
We strive to meet the ordered quantities. The product tolerance is from 1000 kg with a delivery quantity of +/- 10%.
For small quantities by arrangement.
5. delivery times
All agreed delivery dates are prescriptive and freeing. Fixed transactions and expiration transactions within the meaning of Art. 190 OR are not concluded. We are entitled to partial deliveries at any time. Cancellations and claims for damages in case of possible delays or completely non-delivery can in no case be accepted.
6. Retention of title
Ownership of the deliveries shall remain void until full payment is made.
Our invoices are payable within 30 days from date of invoice, net, without any deduction or after special agreement. We are entitled to charge default interest. If the buyer is in default, the rescission of the contract is reserved to us. The payment of forfeited amounts may not be refused under any circumstances (non-payment prohibition).
All orders are accepted subject to the full payment capacity of the customer. If this condition proves to be inaccurate, we reserve the right to demand sufficient security, if necessary, to demand payment in cash against all cash payments or to withdraw from the contract.
Any defects must be notified in writing within 8 days from receipt of the deliveries to the supplier. Subsequent complaints will only be accepted if the deficiencies have been hidden, ie were not recognizable at the time of the delivery despite a proper inspection, and the customer complained in writing within one week of the discovery of the defects, but at the latest until the end of the statutory warranty period. For the material recognized as defective by the supplier of the works, the supplier shall replace the goods; he reserves the right to take back the goods without a replacement delivery and to credit the purchase price. All further claims are excluded. In addition, the buyer must provide us with an opportunity to inspect, check and return the defected goods in the condition of the delivery before further processing and use.
11. Technical specifications / standards
All technical data and characteristics of the various products in our stocklists and sales documents are guideline values and no assured characteristics. Changes to the Dimensions program are also subject to change at any time. The guarantee of certain characteristics and the suitability for a specific purpose requires in any case a special written agreement. Where applicable, the relevant standards (eg ISO, EN, DIN, VSM, SIA, etc.) are valid for the condition of the goods, dimensions and quantity tolerances, and the like; in addition, any commercial courtships which may be applicable. Special conditions of the delivery are reserved.
12. Warranty and damages
Proof of defective goods will be replaced, or we replace the defective goods free of charge, or write the invoice value well, at our option. All further claims for direct and indirect damage as well as the expenses incurred by the buyer within the meaning of Art. 208 Abs. II OR shall be rejected by us except in the case of gross negligence. Conversion and reduction is excluded. Any claim against us shall be based on the correct storage and handling of the goods.
13. General limitation of liability
The supplier is liable - even for his managerial employees and other vicarious agents - only in cases of intent and gross negligence, limited to the contract-typical damage foreseeable at the time of the conclusion of the contract, due to the violation of contractual and non-contractual obligations, in particular due to impossibility, delay, , In all other respects, his liability is excluded, even for defects and defects. These limitations do not apply to culpable violations of essential contractual obligations, in so far as the achievement of the purpose of the contract is jeopardized, in the case of culpably caused damage to life, body and health and even if and insofar as the supplier guarantees the condition for the sold thing as well as in cases of mandatory liability under the Product Liability Act.
14. Place of performance, jurisdiction and applicable law
The place of fulfillment for all obligations under this contract shall be St. Gallen / SG. > Jurisdiction for the assessment of all disputes arising from the contract is St. Gallen / SG. Swiss law shall apply, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods from 11. April 1980.