1. Delivery dates
The delivery dates submitted by the Supplier refer to delivery ex works. The Supplier is exempted from his obligations throughout the duration of any production stoppages, including those which arise if supplies of raw materials to the Supplier are late or are not delivered.
2. Transfer of risk
Once the supply is commissioned by the Supplier, risk is transferred to the Customer. The supplies are therefore transported at the Customer’s risk.
3. Terms of payment
Unless otherwise previously agreed and confirmed in writing by the Supplier, payment will be due 30 days net after the delivery date.
Delayed payments will be subject to 6 % p.a. interest.
Prices are stated in Swiss francs, excluding VAT, unless another currency is expressly specified in the order confirmation.
4. Quantity tolerance
Deliveries may exceed or fall short of the ordered quantity by 10 %. Underlength stock of at least 2 m may be added to the delivered quantity up to a max. of 10 % of the supply.
Where fixed lengths have been ordered, the supply may not fall short of quantity nor include short lengths. Excess deliveries of up to 10 % per fixed length will be permissible, however.
5. Guarantees
Should a supply prove completely or partially unusable owing to deficient quality, the guarantee obligations of the Supplier are restricted exclusively to the replacement, free of charge, of the deficient part of the supply, carriage paid to the Customer. The Supplier is released from these guarantee obligations if the rejected materials have been fully or partially processed.
Claims for any damages incurred in transit are to be submitted to the responsible haulage company. Any regress to the Supplier is excluded.
The Supplier is not liable for any personal injuries and/or damage to property caused by straps, cables or binding wire.
The Supplier will not be liable under guarantee for any other claims made by the Customer, including claims for indirect and/or secondary damage.
The Customer must report deficiencies in supplies to the Supplier at the latest 8 days after receipt of the supply by the Customer.
The Supplier will not accept complaints made after this period.
6. Tolerances
Unless other tolerances are specified in the order, steel tubing is supplied to the tolerances defined in EN 10305-2, EN 10305-3 or EN 10305-5.
7. Tools
Tools used in the manufacture of the supply remain the property of the Supplier even if the Customer has made a partial contribution towards tooling costs. Tooling costs will be due for payment by the Customer when the order is placed.
8. Various terms and conditions
8.1 General conditions of sale and supply
The present ”General conditions of sale and supply” form an integral part of the standard order confirmation to the Customer.
Any amendments to the ”General conditions of sale and supply” must be made exclusively by the Supplier in writing. Any purchasing conditions of the Customer will not be legally binding, irrespective of whether they were submitted to the Supplier before or after order confirmation.
The delivery conditions specified in the Supplier’s price lists form an integral part of these ”General conditions of sale and supply”.
8.2 Supplier’s documentation
The Supplier’s documentation (quotations, brochures, prospectuses, catalogues, drawings, etc.) may be amended by the Supplier at any time and is therefore non-binding.
8.3 Reservation of ownership
All goods supplied will remain the property of the Supplier until the Customer has settled the account in full.
8.4 Place of fulfilment and applicable jurisdiction
The place for performance and the place for jurisdiction for the supplier and recipient is CH-9320 Arbon. In principle, the courts at the place of jurisdiction have jurisdiction. However, the supplier also reserves the right to take legal proceedings against the recipient at the place of his/its registered office or residence.
The present contractual relationship is subject in all parts to the law of Switzerland, except for the following provision. The reservation of ownership in an item intended to be exported shall be subject to the law of the country of final destination. The text in the German language version shall prevail if texts shall be at variance in different languages.
