General Terms and Conditions of Spraying Systems Switzerland AG
Deliveries shall be made exclusively on the basis of the following provisions, the contents of which shall be deemed to have been accepted when the order is placed and in particular when our quotations, order confirmations and invoices are accepted. Any additional agreements must be made in writing.
All prices are non-binding. The prices offered can only be maintained if the qualities and quantities stated in the offer are also ordered unchanged and unabridged. Prices are calculated on the basis of the costs applicable on the date of the quotation. Spraying Systems Switzerland AG reserves the right to adjust the prices to the new circumstances in the event of a significant change in the circumstances which were decisive for the determination of the price, even for deliveries which have not yet been made.
2. Forwarding, Postage, Packaging
As a rule, delivery is made carriage paid, whereby the postage or freight costs are charged openly in the invoice. Forwarding will be carried out according to your instructions, otherwise by the cheapest and quickest route. Packaging is principally included in the prices, except for palletised goods.
3. Benefit and Risk
shall pass to the customer upon dispatch of the goods. In the case of carriage paid deliveries, the benefit and risk shall pass to the customer upon delivery of the goods. Selected consignments will only be taken back within 8 days of receipt of the goods. In the case of credit notes for returned goods which have already been invoiced, the postage will not be credited unless it is an error on the part of our company. Consignments with any transport damage are to be accepted with reservations and reported to the relevant transport company within the statutory period for the purpose of establishing the facts. Return shipments require our written consent in any case.
4 Scope of the Obligation to Deliver
The specification of the expected delivery period is non-binding; we shall take the best possible care to ensure that it is observed. In the event of force majeure or other circumstances for which we are not responsible, we reject any claim for compensation for non-delivery or late delivery. Force majeure shall be deemed to include, in particular, the complete or partial shutdown of our delivery plants, strikes, fire, the entry into force of import bans and quotas or a significant increase in import duties.
Invoices are payable within 30 days net, unless otherwise expressly agreed. After expiry of the 30 days, our company shall be entitled to put the customer in default by setting a deadline for payment and to charge default interest and expenses from the expiry of the deadline. Art. 107 OR remains reserved. In case of persistent overdue payment, future deliveries will only be made net cash on delivery.
Spraying Systems Switzerland AG warrants the quality of the goods sold by us only to the extent that we will, at our option, repair or replace any manufacturing or material defects occurring within the contractually agreed period. We reject claims for damages, cancellation of the purchase or reduction of the purchase price. Notification of defects must be made immediately after receipt of the goods, but within 8 days at the latest. In the case of hidden defects, the notice of defect must be made immediately after discovery of the defects. As a matter of principle, we must reserve the right to acknowledge claims for compensation by our supplier factories.
Due to the wide range of possible applications, which we cannot control, we cannot give any guarantee for the service life of our products. We accept no responsibility for personal injury or damage to property resulting from faults or defects in our products or directly or indirectly from the use of our goods.
8. Copyright, Patent and Trademark Rights
Trademarks, drawings and projects remain our property. It is not permitted to reproduce, use or pass them on to third parties without our express permission.
9. Place of Jurisdiction
For all disputes arising from the contractual relationship between our customers and our company, it is tacitly agreed that the courts to which Spraying Systems Switzerland AG, with its registered office in Pfäffikon/Schwyz, is subject, shall have local and subject-matter jurisdiction.