General Terms of Purchase | General Terms of Delivery and Payment
Article 1 Scope:
1.The following Terms of Delivery and Payment apply to the exclusion of any other terms. Customer terms opposed to or deviating from these terms apply only if we have accepted them in writing. Our terms apply even if we are aware of the opposing or deviating terms of the customer and still make delivery of the goods or services ordered.
2. Modifications and amendments, in order to be effective, must be made in writing. The requirement of written form also applies to its waiver. The same applies to any approvals, consultations, and statements by our personnel.
3. Our Terms of Sale and Payment also apply to any future business transactions with the customer.
Article 2 Offer and conclusion of contract:
1. Unless agreed otherwise, our offers and proposals are without obligation. Technical changes as well as changes of form, characteristic parameters, color and / or weight are reserved within reasonable limits.
2. Data, drawings, illustrations, technical specifications, dimensions and performance descriptions in printed brochures, prospectuses, catalogs, mailings, price lists or documents submitted together with an offer or proposal are without obligation unless expressly stated to be binding in our order confirmation.
3. The contract is concluded on the condition that we receive all required supplies and services from our contractors completely and in time. This applies only to the extent to which we are not responsible for the non-delivery, particularly in case of the conclusion of a matching covering transaction with our contractor. The customer will be informed of the non-availability of the supply or service without delay.
Article 3 Prices – payment terms
1.Payment in advance for first order. Net terms 30 days from date of the invoices for following orders.
2. Orders valued at less than € 500,00 (five hundred/00) cannot be processed economically. Unless agreed otherwise, the prices are ex works or ex warehouse, excluding freight, packaging and insurance.
3. We reserve the right of adjusting the prices accordingly if cost reductions or cost increases occur after the conclusion of the contract, particularly due to pay agreements or higher prices of materials. We will demonstrate the cost changes to the customer on the latter’s request.
4. The statutory value-added tax is not included in our prices. It will be stated as a separate item in the invoice on the date of the invoice.
5. The customer is obliged to make all payments according to the specification in the order confirmation. Unless agreed otherwise, our invoices are due for payment net cash without delay on receipt. A discount, if any, must be agreed separately.
6. The customer is only entitled to offset if a counterclaim has been recognized by declaratory judgment, is undisputed or has been accepted by us. The customer can exercise an offset provided his claim is based on the same contract.
7. If the customer is in default we can charge annual interest at the rate of eight percentage points above the base rate fixed as damage due to delay. Higher damage is assessed if we can demonstrate to have suffered higher damage due to the delay.
Article 4 Return and exchanges:
Returned consignments will not be accepted without our prior consent. Any buyer, who returns merchandise without our prior written constant, does so at his own risk and expense. Opened packages, private labelled, sterilized and unsaleable goods will not be accepted for return. Fresh saleable unused merchandise in original packing, outstanding less than 30 days, will be considered acceptable for return, and will be subject to a 15 % (min. 5 EURO) exchange and restocking charges from the Invoice price. Merchandise not meeting these requirements, if accepted for return, will be subject to a 50 % (min. 10 EURO) restocking charge from the invoice price in addition to any charges for reconditioning or repacking.
Article 5 Product modification:
As our products are continually improved and updated we reserve the right to make changes on product design without prior notice or the obligation to accept previous models for alteration, exchange or credit. Orders will be filled with the latest available model of any given product.
Article 6 Delivery time:
Delivery date will be kept where possible, but claims due to late delivery are precluded. Partial deliveries are allowed on large orders. Partial deliveries will be considered as fulfilment of any order as per the terms of these regulations. Call orders without a definite acceptance date cannot be undertaken. Unforeseen events such as suspension of work, interruption of work, machine damage, undeserved lack of raw materials, government measures, war, etc. release the supplier of obligation to deliver without granting compensation.
Article 7 Dispatch:
Delivery is effected by: post parcel, railway, vessel, plane, truck. We choose the way we think better for the quantity of goods unless otherwise indicated, and in all case at purchaser’s risk.
Article 8 Deficiency claims:
Complaints will only be accepted, when made in writing to the supplier within eight days of receipt of the merchandise. In case of well timed complaints, accepted as valid by us, we have the choice to compensate for or take back the defective merchandise for credit at the billed price. Further claims of the buyer or third are excluded.
Article 9 Property rights:
The goods remain at the seller’s property until fully paid, including all secondary claims.
General: Verbal agreements need to be confirmed in writing to become effective.
Article 10 Place of performance and Court of Jurisdiction:
Place of performance for both parties to a contract is Chiasso. The sole Court of Jurisdiction for all direct or indirect resulting litigation from the contractual relationship is Chiasso.
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