Standard form contract
All our sales, deliveries and project planning are fully subject to these conditions, unless they have been amended or supplemented by written agreements.
Our offers are limited in time, either to 2 months or according to the specific details in the offers themselves. Our quotations are confidential and may only be made available for inspection to those persons who are actually processing our quotations. We reserve the property rights and copyrights to all drawings, drafts, circuit diagrams and cost estimates. At our request, these documents shall be returned to us in the absence of corresponding orders.
PRICES AND TERMS OF PAYMENT
If no special agreement has been made, the prices shall be free works including packaging. Value added tax is not included. Payments are to be made free to our paying agent. If no special terms of payment have been agreed, our invoices are payable 30 days net.
PACKAGING, SHIPPING AND TRANSPORT COSTS
In the absence of special agreements, packaging and dispatch shall be at our discretion
We will always endeavour to meet the delivery deadlines we have stated and carefully calculated, even if unforeseeable difficulties arise, but we cannot give any legal guarantee for this. This applies in particular to cases of force majeure and strikes. The observance of delivery periods also presupposes that the customer fulfils any obligations, such as the announcement of specifications, in due time.
For the contractual relationship, force majeure shall also be deemed to include serious circumstances occurring through no fault of our own, such as the complete or partial closure of the delivery works, mobilisation, outbreak of war, riot, fire, import or export bans or significant increases in import duties.
Our guarantee extends from the day of delivery to all defects that may occur within the statutory guarantee period and which can be proven to have their cause in material defects or faulty manufacture. However, our guarantee is limited, at our discretion, to the replacement or repair of the defective products or components or to the reimbursement of the invoice value of the products or components not replaced. Any further warranty, in particular for so-called consequential damages, is excluded. We cannot accept any liability for modifications or repairs that have not been carried out by our own or by specialists designated by us.
COMPLAINTS (NOTICE OF DEFECTS)
In case of recognizable defects, the orderer or buyer must notify us immediately after receipt of the delivery. If hidden defects only become apparent later, the notification must be made immediately after discovery and at the latest before the expiry of the warranty period. If such notifications are omitted, the delivery shall be deemed approved. Shipments with conspicuous transport damages are to be accepted with reservation and the respective carrier is to be notified immediately for the purpose of recording the facts and currency of all rights.
ILLUSTRATIONS, WEIGHTS AND MEASUREMENT TABLES
In the case of project business, we reserve the right to deviate from illustrations, weights, tables of dimensions as well as from previously submitted design documents, if it proves to be appropriate for the purpose of execution and the customer was consulted in advance.
RETENTION OF TITLE
We reserve the right of ownership of all products sold until receipt of the full purchase price and are entitled to arrange for a corresponding entry in the relevant retention of title register. In addition, the “General Terms and Conditions for the Supply of Products and Services of the Electrical Industry” including the extended reservation of title shall apply.
The contract remains binding in its remaining parts even if individual points are legally ineffective.
PLACE OF PERFORMANCE AND PLACE OF JURISDICTION IS VAUD (SWITZERLAND)
Our contracts are subject to Swiss law. Our company will always endeavour to resolve any differences with your customers amicably and by mutual agreement.
This is an english version translated from the original version in german.
Please visit the original version for better accuracy : FRG Frischer Electronic AGB