Terms & Conditions
General Terms and Conditions of Sale and Delivery.
General Terms and Conditions
Valid from January 1, 1996
1. Scope
Our general terms of sale and delivery apply to all current and future sales contracts, unless otherwise agreed in writing. Differing conditions of our customers have no validity, even if they have not been expressly objected to by us.
2. Offers and Orders
Offers are only binding for us if they have been made in writing and their acceptance takes place immediately.
Orders only bind us once we have confirmed their acceptance in writing.
3. Prices and Terms of Payment
Our prices are ex works Zuchwil, excluding packaging, postage, and VAT. Our invoices are in Swiss Francs and are payable net within 30 days. Other terms of payment are only valid if agreed by us in writing.
4. Delivery Times
If the delivery time is specified as a period (and not as a date), it begins with the date of the written order confirmation or the receipt of the order according to an unchanged offer. Every delivery time is extended appropriately if information or documents do not reach us. If the non-compliance with a delivery time is not due to our exclusive fault, the buyer has neither the right to withdraw from the contract nor to waive the delivery or to claim damages.
5. Transport Risk
With the handover of the goods at the factory in Zuchwil to the dispatch station or a forwarding agent, all risks pass to the buyer. Insurance against any risk is the responsibility of the buyer.
6. Warranty Claims
Warranty services correspond to the statutory provisions and are limited to 12 (twelve) months. Repairs carried out by the factory or a specialist commissioned by the factory are subject to a warranty period of 3 months. (Exceptions and explanations see «Elaso-After-Sales-Service»)
7. Force Majeure
The occurrence of circumstances which make the contractual execution impossible, substantially more difficult, or which, when compared with the circumstances prevailing at the time the contract was concluded, no longer appear reasonable to us, shall be considered cases of force majeure in addition to the usual ones and shall release us completely or partially from the delivery obligations entered into. They entitle us to postpone the delivery times or to refrain from delivery entirely, without the buyer being able to assert any compensation or other claims.
8. Development Orders
For orders whose execution requires special development work, the buyer acquires no inventor rights to the developed items or to the facilities for the production of these items, even if he has contributed to part of the development and/or manufacturing costs.
9. Place of Performance
The place of performance for the services of the buyer and seller is Zuchwil in the canton of Solothurn.
10. Place of Jurisdiction
In the event of disputes, including those concerning the validity of the contract or these General Terms and Conditions of Sale and Delivery, the place of jurisdiction is Solothurn.
11. Applicable Law
The legal relations between us and the buyer are subject solely to the laws of Switzerland, excluding any other national laws. Rights to which we are entitled on the basis of statutory provisions are not affected by these General Terms and Conditions of Sale and Delivery.
Status November 1, 2007, sj/me