GTC
1. general
These General Terms and Conditions of Sale and Delivery shall apply to all – including future – contracts for deliveries and other services, including contracts for work and labour and the delivery of non-fungible goods. The Purchaser’s terms and conditions of purchase shall not be recognised even if the Supplier expressly objects to them again after receipt by the Purchaser.
2 Offers
Our offers are non-binding.
3. validity
By placing an order, the purchaser recognises our terms and conditions of sale and delivery. Any terms and conditions of the customer which conflict with these terms and conditions of sale and delivery shall only apply if we have agreed to them in writing.
4 Prices and payments
Prices are quoted net, exclusive of VAT. Payment within 30 days strictly net. Any unauthorised deductions will be charged subsequently. If the payment period expires without payment, the customer shall be in default. We reserve the right to change our prices and discounts for deliveries not yet carried out at any time, insofar as this is due to a change in the relevant underlying circumstances.
5 Dispatch, postage and packaging
The type of despatch shall be at our discretion. Postage, packaging, freight and express charges will be charged to the customer at cost price. From a net invoice amount of CHF 1000 per delivery, delivery is carriage paid.
Multi-purpose packaging must be returned to Swibox AG postage paid. If postage is not paid, the postage costs will be deducted from the credit note.
6 Delivery period
The estimated delivery time is not binding. We endeavour to adhere to the stated delivery times as far as possible. Exceeding the delivery dates cannot result in liability or cancellation.
7 Benefit and risk
Art. 185 OR applies to the transfer of benefit and risk. Any transport damage must be reported immediately to the delivering transport company. Damaged railway consignments should not be unpacked until a report has been made. No free replacement will be provided for transport damage.
8 Complaints
Complaints must be made in writing within 5 days of receipt of the goods, otherwise the delivery shall be deemed to have been approved. In the event of justified complaints, either a replacement will be delivered or a credit note will be issued in accordance with our decision. Further claims are excluded.
9. internet / website
Any web presence of the supplier does not claim to be complete and correct in terms of content. In particular, it is not intended to provide advice of any kind. Any dispositions made on the basis of the supplier’s website are made exclusively at the customer’s own risk. The supplier rejects any liability.
The supplier also accepts no liability for the accuracy and completeness of information published by third parties which is accessible – directly or indirectly – via the supplier’s website. Here too, use is exclusively at the user’s own risk.
10 Warranty and liability
The guarantee is valid for 1 year from the date of despatch. It covers verifiable material and manufacturing defects, unless otherwise stated in the sales documents. However, if the manufacturer grants a different guarantee period, the manufacturer’s guarantee period shall apply. Excluded from the guarantee are damages resulting from modification or repair caused by the customer or a third party, or as a result of wear and tear, force majeure, intervention by the customer or third parties and failure to observe the operating instructions. However, our liability is limited, at our discretion, to replacement or compensation for the invoice value of the non-replaced items. Any further warranty, in particular liability for the costs of dismantling or reassembly as well as for any damage caused directly or indirectly by the delivered items themselves, their use or their defects, is rejected. Swibox AG must be notified in detail of any warranty claims within 5 working days of discovery. On request, the defective material must be sent to Swibox AG with a copy of the invoice or delivery note no later than 15 working days after Swibox AG has given its approval.
11 Cancellations / Partial deliveries
Cancellations of orders are only possible with our written consent. Costs that have already been incurred or price increases due to order reductions are to be borne by the customer. The partial deliveries of a call-off order must be called off within the agreed period, otherwise we may charge the additional costs incurred to the customer.
12 International trade clauses / Incoterms
We refer to Incoterms 2010.
13. reservation of title
We retain title to all goods sold until the purchase price has been paid in full.
14. place of fulfilment
In all cases, the domicile of the seller shall be the place of fulfilment.
15. place of jurisdiction
The place of jurisdiction in all cases is the registered office of Swibox AG in Switzerland. The legal relationship shall be governed by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.