GENERAL TERMS AND CONDITIONS
Sale only in Switzerland

GENERAL TERMS AND CONDITIONS

General Terms and Conditions (AGB)

1. validity

The General Terms and Conditions (GTC) of ConWys AG (supplier) are valid for all services rendered and deliveries of goods for all business transactions (e.g. Internet and direct business). The placing of an order or acceptance of services or deliveries is considered as acceptance of these terms and conditions. Deviating agreements are only valid if they have been confirmed in writing by the supplier. In principle and in detail, these General Terms and Conditions of Business take precedence over all purchasing conditions of the Purchaser.

2. conclusion of the contract

A contract shall only come into effect upon written confirmation of the order by the Supplier or upon delivery or provision of services by the Supplier.

3. delivery

Deviations of the delivered goods or services from the offer documents are permissible, provided that they meet or contain the description set out in the offer.

4. examination period

The Purchaser shall inspect the delivery immediately upon arrival at the place of destination and notify the Supplier in writing of any defects within 3 days. If no written notification of defects is made within this period, the delivery shall be deemed to have been approved.

5. transfer of benefit and harm

With the abandonment of the delivery for dispatch, the benefit and damage shall pass to the customer. This also applies if the delivery is made franco, cif, fob or under similar clauses, or if the transport is organised by the supplier. Complaints in connection with the shipment shall be addressed to the last carrier.

6. withdrawals

Goods may only be taken back with the written consent of the Supplier under the following conditions:

  • Any taking back of goods requires the express prior consent of the Supplier and can only take place within 10 days of delivery. The return shipment, which shall be entirely at the expense of the Purchaser, shall be accompanied by the corresponding delivery note. The articles must be returned in their original packaging.
  • The compensation for returned goods up to the amount of CHF/EURO 200.00 net value of goods is 50%, for goods value over CHF/EURO 200.00 - 80%. Extraordinary expenses of the supplier will be invoiced additionally.
  • Special designs are not taken back.

 

7. prices / conditions

Prices and conditions are based on a written offer. If no offer exists, the current price list applies. Prices are expressly subject to change. Offers that do not contain a period of acceptance are not binding. All individual prices listed are exclusive of VAT and the advance recycling fee. Deliveries below a net goods value of CHF/EURO 100.00 will be charged with a processing fee of CHF/EURO 15.00.

The Supplier is entitled to make partial deliveries and partial services and to invoice these separately.

8. payments

The payment term is 30 days net. Bills of exchange or cheques are only accepted by agreement and free of charge and expenses for the supplier.

In the event of late payment, the purchaser must pay interest on the outstanding amount at a rate of 10%. The customer has no right of retention with regard to the claims of the supplier. Offsetting against counterclaims is excluded.

9. reservation of title

The delivered goods remain the property of the supplier until full payment has been received. In the event that the Customer resells the goods to third parties before payment of the Supplier, the Customer shall assign to the Supplier the claims to which he is entitled against these third parties up to the amount invoiced by the Supplier. The Customer shall be obliged and the Supplier shall be entitled to inform the said third parties that payments with discharging effect can only be made to the Supplier. In addition, the Customer shall inform the Supplier of the names and addresses of these third parties without being requested to do so.

If the goods are processed by the customer, they remain the property of the supplier. If the processed goods are resold, paragraph 1 above shall apply accordingly.

10. delivery period

The confirmed delivery periods and realisation times are to be regarded as guidelines. The Supplier shall endeavour to comply with the deadlines stated by it even if difficulties arise that could not have been foreseen, but no legal guarantee can be derived from this. Delayed deliveries do not give rise to any claim for compensation or withdrawal from the contract. In the event of events for which the Supplier is not responsible, such as strikes, lock-outs, loss of materials, transport or business closures, etc., the Supplier shall be entitled to withdraw from the contract without being liable for damages.

11. guarantee and liability

The supplier guarantees all defects that occur within 6 months, provided that it can be proven that they are caused by poor material or faulty manufacture. However, the liability is limited, at the Supplier's discretion, to replacement of the defective goods or to repair.

Any further warranty, in particular liability for dismantling costs, transport and customs costs, reassembly and for recorded data is expressly excluded. This also applies to any damage caused directly or indirectly by the delivered items themselves, their use or their defects.

Improper handling, installation or repair work, incorrect storage and the like will immediately void the warranty.

Otherwise, the product specifications published in writing by the manufacturer shall apply. The respective information can be requested at any time.

Warranty claims can only be asserted if the customer has fulfilled his contractual obligations, in particular his payment obligation.

12. severability clause

Should a provision of the General Terms and Conditions be invalid, it shall be replaced by a provision which comes closest to the economic purpose of the invalid provision.

13. assignability of claims

The purchaser is not entitled to assign any claims arising from the contractual relationship.

14. place of jurisdiction and applicable law

Swiss law shall apply to any disputes arising from the respective contractual relationships. The place of jurisdiction is Lucerne.

The Supplier is at liberty to take legal action against the Customer at his place of jurisdiction at his own discretion.

The undersigned purchaser confirms that he/she has read and accepted these general terms and conditions.

These general terms and conditions are valid from 01.01.2005