Provisions of the Sales Contract
I. Seller’s Duties
A. Object of purchase
The Seller sells the Purchaser the object of purchase described in the order form.
B. Place of delivery and risk taking
The object of purchase shall be delivered to the Purchaser’s place of residence or place of business.
Benefit and risk shall be transferred to the purchaser at the latest on departure of the shipment ex works, including where the delivery is made FCA or if transport is arranged by the Seller. Complaints regarding damage caused in transit must be immediately notified to the carrier. The Purchaser shall be responsible for insurance against damage of any kind.
C. Delivery time and date of delivery
Items that are kept in stock are usually shipped within 48 hours. On no account, delays in delivery shall substantiate claims for damages or the right to rescind the contract. Deliveries resp. shipments shall be effected on the customer’s cost and risk. We will inform you without undue delay if an item is not available currently.
II. Purchaser’s Duties
A. Purchase price and security
All prices are quoted exclusive of VAT and in Swiss Francs (CHF).
The Purchaser shall settle the purchase price according to the order form on placing the order, e. g. the purchase price is due and payable immediately.
Invoices shall be issued for domestic sales inclusive of Swiss VAT, for exports outside Switzerland without Swiss VAT. Exports outside Switzerland shall be invoiced on a net basis. Invoices shall be send via email.
All ancillary and delivery costs, including in particular VAT, freight charges, insurance, transit fees, import duties, licences, authentications and customs charges etc. shall be borne by the purchaser. Similarly, the purchaser shall bear all forms of tax, duties and fees which may be levied either directly or indirectly in connection with the delivery or reimburse them to the forwarder on production of appropriate documentation in the event that the latter was obliged to pay them.
The Purchaser shall collect/accept the object of purchase during the time of delivery at the place of delivery.
If the Purchaser fails to accept the object of purchase in due time, the Seller may grant the Purchaser a period of grace of 10 days. After the grace periode granted to the Purchaser has elapsed, the Seller may either rescind the contract within 10 days and claim damages (positive or negative interest in the performance of the contract) or keep demanding an acceptance of the object of purchase.
III. Seller’s Liability for Non-Conformity with the Contract Regarding the Delivery
A. Purchaser’s rights
A Seller’s liability for non-conformity with the contract regarding the delivery shall be excluded. This exclusion of liability shall not apply if the Seller expressively guaranteed the Purchaser certain qualities of the object of purchase or if the Seller concealed certain qualities fraudulently.
Claims resulting from non-conformity with the contract pursuant to III.A. sentence 2 shall be forfeited if the Purchaser fails to inform the Seller of these claims in writing no later than 30 days upon delivery of the shipment at the place of delivery.
C. Statute of limitations
All claims based on warranty shall fall under the statute of limitations after 1 year upon delivery of the shipment at the place of delivery.
IV. Restrictions on the Seller’s Liability for Damages
All liabilities for damages on part of the Purchaser shall be limited to the total of the purchase price.
This contract shall take effect with the Purchaser's approval on the order form. It shall comprise the text of the contract on hand and the content of the order form. All changes and amendments of the contract shall only be valid if they are made in writing and signed by both parties of the contract.
All information referring to this contract and its handling shall be drawn up in the German language and shall be communicated in writing or in such a form that allows a proof by text such as telex, telefax and e-mail.
VI. Applicable Law and Place of Jurisdiction
This contract shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.Steinach shall be the exclusive place of jurisdiction.
Please note: the above text is a translation from the original German text. In the event of a dispute arising, the original German text will be considered authoritative.