General Terms and Conditions
1. Conclusion of Contract
Offers by the Company are subject to change in terms of product, price, quantity, and delivery time. Orders become binding for the Company only by and upon our acceptance. The Company is entitled to adapt orders in terms of quantity to the division of the manufacturer’s packaging into units, and to withdraw from a contract without liability for any losses incurred if the manufacturer discontinues the product in question.
Prices are payable net within 30 days from the billing date. Collection expenses will be invoiced separately. Offsetting with claims against the Company is excluded. The Company’s claims are to be settled in cash or by transfer of the amount owed to an account of the Company.
The place of performance is Windisch in the Canton of Aargau, Switzerland. Shipping to Buyers exclusively in Switzerland and Liechtenstein for the account and at the risk of the Buyer. Any deviating agreements regarding delivery costs affect neither the place of fulfilment nor the transfer of the risk. The Company endeavours to comply with agreed delivery dates; any interruptions of operations or delivery problems on the part of the manufacturer exempt the Company from its obligation to timely delivery. The Buyer is not entitled to compensation or withdrawal due to delayed delivery. Services such as transportation of the goods from the vehicle unloading site to the warehouse or other locations, as well as the retained EPAL pallets, are in any case to be billed to the recipient.
Standard packaging is included in the price. Special packaging is provided only upon request against surcharge.
5. Call-Off of the Purchased Goods
If purchased goods are not called off or collected, respectively, by the Buyer within the contractual period, the Company is entitled to insist on fulfilment and bill all costs arising from the Buyer’s failure. Furthermore, the Company is entitled, after setting a reasonable grace period, to withdraw from the contract, while asserting all damage resulting from the rescission of the contract.
6. Retention of Title
If the purchased goods have passed into the Buyer’s possession before payment, and the Buyer is in default of payment, the Company is entitled to withdraw from the contract and reclaim the transferred goods from the Buyer.
7. Longer-Term Orders
If during the handling of any longer-term order the prices published by the Company are increased by the manufacturer, the Company has the right to apply the new prices to the residual quantity still to be collected. In this case, the Buyer is entitled to withdraw from the contract within one month from notice, excepting bespoke products. If during any longer-term order the Buyer is in default regarding payment or collection of the goods, the Company has the right to withdraw from the contract, with the consequences mentioned in item 5 above. In this case, the amount of the damage is to be determined based on the quantity still to be delivered. A longer-term order exists in case of an order for several products with several agreed delivery dates during a period of at least one month.
8. Warranty Period
Any warranty is excluded. However, the Company is ready to pass on any guarantee granted by the manufacturer of the goods concerned or the rights from any warranty obtained from the manufacturer to the Buyer. The Company is not liable for the existence or for the enforceability of rights derived from such an obligation of the manufacturer. Incidentally, in cases of complaints the Company reserves the right, on a case-by-case basis and without acknowledging any legal obligation, to take back and replace or credit goods.
The Buyer is required to examine the purchased goods immediately upon receipt. Complaints of any kind must be reported in writing immediately after delivery, precisely indicating the defective goods and the nature of the complaint. Signatures on the delivery note are binding and will be considered acknowledgement of a correct and properly delivered shipment.
10. Customer Data
In the handling of data, the Company complies with all applicable law. The Company collects, stores and processes data that are required for fulfilment of contractual obligations, for maintenance of customer relationships, for ensuring a high quality of service, for the safety and security of equipment and infrastructure, and for billing purposes. The Company takes precautions to protect its network from third-party interference. However, complete protection against unauthorised access cannot be granted. The Company cannot be held responsible for such actions.
11. Applicable Law and Legal Venues
The contract is subject to and to be construed in accordance with Swiss law. The legal venue is Untersiggenthal, or at the registered office or residence of the defendant.