Conditions of sale and delivery REMA TIP TOP Schweiz AG
1.General
1.1All deliveries – including future deliveries – to the customer shall be made exclusively under
.
these terms and conditions of sale and delivery. Other conditions of the customer are only
valid if we have expressly approved them in writing. Even if we conclude contracts in
knowledge of conflicting or deviating conditions, we agree
not agree to them and our terms and conditions of sale and delivery shall apply exclusively.
.
1.2 All agreements and legally relevant declarations of the contracting parties are only
.
valid if made in writing.
1.3 The contract shall be deemed concluded only after we have confirmed
in writing to the customer.
have confirmed in writing to place the order on the terms and conditions discussed with our sales representatives or
.
webshop or when the order is tacitly executed to
these terms and conditions are executed.
2. Scope of delivery, regulations and technical documentation
2.1 Our order confirmation
shall be decisive for the scope and execution of deliveries and services.
decisive. Material or services not included therein shall be
.
in addition calculated.
2.2 Partial deliveries are permitted and will be invoiced separately. If products were ordered on
on call, we are, unless otherwise expressly agreed in writing,
entitled to deliver the products to the customer
three months after the agreed date of readiness.
without any further queries and to invoice them.
.
2.3 Unless otherwise agreed, delivery of the products shall be made in accordance with the
authoritative sales documents/specifications. Minor deviations and
modifications remain reserved and do not entitle the customer to
claim defects.
claim.
2.4 Our products are manufactured, tested and
according to our technical specifications.
documented. If additional documentation is to be supplied, this must be specifically agreed.
.
2.5 The buyer has to inform us in writing at the latest with the order about further legal,
official and other regulations and standards that affect the
performance of the deliveries and services, the operation and the health and
accident prevention. In any event, we shall be obligated to comply with other regulations and
standards only if
we are required to do so.
standards if we have confirmed this to the customer in writing.
.
2.6 Brochures and catalogs are, unless expressly agreed otherwise,
.
not binding. Details in technical documents are only binding insofar as they have been
assured in writing
.
assured.
3. Prices
.
3.1 The prices are to be taken from our price lists. Unless otherwise
in the price lists.
is regulated, the prices for commercial customers are net, ex works Urdorf, without
.
packing, transport, insurance, value added tax, other taxes and duties (e.g.
duties), without assembly, installation and commissioning, etc.
3.2 The prices are subject to change. In the case of obvious errors, such as calculation errors, we are
.
entitled to cancel or amend an offer or order confirmation.
.
3.3 We shall be entitled to charge the customer for any increases in
costs occurring after the conclusion of the contract.
costs if the customer takes delivery of the products later than agreed.
4. Terms of payment
.
4.1 Unless otherwise agreed between the contracting parties or in the respective valid price lists
.
otherwise agreed, our invoices are payable within 30 days at our domicile
.
without deduction of discounts, expenses, taxes, levies, fees, duties, etc.
.
4.2 After expiry of the payment period, the statutory default interest
shall be due without further reminder.
is owed.
5. Retention of title
.
5.1 The delivered products shall not become the property of the customer until the customer has paid the price of
.
relevant products has paid. The customer is obliged to take the measures necessary for the protection of our
property.
6. Delivery period
.
6.1 The delivery period begins with our written order confirmation and after the
technical matters have been fully settled.
6.2 The delivery period shall be reasonably extended:
– if the information we need to execute the order is not provided to us in time
.
to be received or if the customer subsequently changes them;
– if payment deadlines are not met, letters of credit are opened too late or required
import licenses do not reach us in time;
– if obstacles arise which we are unable to avert despite exercising due care
.
can be averted, irrespective of whether they arise at our premises, at the customer’s premises or at the premises of a third party.
6.3 The delivery dates stated in the quotations and order confirmations are so
.
determined so that they can be met if the manufacturing process runs according to plan. A
delay in delivery for the reasons stated in Clause 6.2 shall neither
the right to withdraw from the contract nor to claim damages.
.
6.4 Should a delivery be delayed and we have not been able to provide the customer with
in the short term.
a replacement delivery to help out, the customer has a right to compensation for him
proven direct damage caused by the delay up to a maximum
.
5% of the price of the delivery.
7. delivery, transport and insurance
.
7.1 Our products are packed for transport within Switzerland. Special
Wishes of the customer for transport and insurance are us in time, no later than 30 days
.
before shipment, to give notice.
.
7.2 The transport is at the expense and risk of the customer. Complaints in connection
with the transport shall be made immediately in writing to the last carrier
.
as soon as the customer has received the delivery or the shipping documents.
7.3. Insurance against damage of any kind is the responsibility of the buyer. Close
we order of the customer insurance, it is for his account.
.
8. Transfer of benefit and risk
.
If the products are ready for shipment, the benefit and risk shall pass to the customer.
.
9. Inspection and acceptance of the products, notice of defects
.
9.1 The customer shall inspect the products immediately upon receipt and notify us of any defects
.
immediately, but no later than within 5 days, to report in writing. If he
does so, the products and services shall be deemed to have been approved.
.
9.2 Later occurring (hidden) defects shall be reported to us in writing immediately after they
.
have been detected, at the latest within 3 days. In doing so, the defect and the
circumstances that have led to a defect, specify exactly.
.
10. Claims for defects, warranty
.
For defects we perform to the exclusion of further claims, but to the extent of no more than
.
to the claims to which we are entitled against our suppliers, as follows:
10.1 All parts afflicted with a defect which can be proven to have developed as a result of a defect occurring prior to
transfer of benefit and risk to the customer as defective
.
shall, at our discretion, be repaired free of charge or replaced free of defects
.
replaced. The replaced parts shall be returned to us and shall become our property
.
10.2 The customer shall give us the necessary time and opportunity to carry out the repairs according
at our discretion, necessary rectifications or replacement deliveries,
.
10.3 Of the direct
arising from the rectification or replacement delivery.
We bear costs, provided that the M.ngelge is justified. The costs for removal and installation and
the transport and travel costs shall be borne by the customer.
.
10.4 The customer is within the scope of the statutory provisions to withdraw from the contract
.
entitled to withdraw from the contract, provided that we have not met a reasonable deadline set for us for the rectification of defects or
.
replacement delivery due to a material defect despite a written reminder with a reasonable
After the deadline due to fault on our part to expire fruitlessly. If there is only one
insignificant defect, the customer is only entitled to reduce the purchase price.
.
10.5 We assume no warranty in the following cases: Unsuitable or improper
use, assembly or commissioning by the customer or third parties;
natural wear and tear; faulty or negligent handling; improper
maintenance;, modifications and repairs by the customer or third parties; unsuitable
operating equipment (chemical, electrochemical or electrical).
11. Consequential damage caused by defects, liability
.
11.1 We shall only be liable for damage that has not occurred to the product itself if the
customer proves that the damage was caused by us due to gross negligence or intent
.
was caused. We shall not be liable for any misconduct of vicarious agents.
11.2 Claims of the customer for compensation of indirect damages such as namely
.
loss of production, increased operating costs, loss of use, loss of orders,
loss of profit and of other indirect damages are expressly
.
excluded.
11.3 Our liability is limited in total to the value of the contract.
12. Software use
If software is included in the scope of delivery, the customer is granted a non-exclusive
.
right to
use the software version supplied and the accompanying documentation.
use. The software is provided for exclusive use on the
product intended for this purpose.
product intended for this purpose. Duplication of the delivered software version is not permitted.
All rights are reserved.
All rights to the software and the documentation shall remain with us.
13. Installation and Commissioning
.
13.1 If we take over the assembly and commissioning, this will be charged separately.
.
13.2 If the assembly is carried out by us, the customer shall ensure that all
work required on site for this purpose (foundations, supply of electrical connections,
sufficient lighting and ventilation, etc.) have been completed and unobstructed access
is ensured and the auxiliary equipment and
installations required for installation and commissioning
are in place.
installations, such as scaffolding, lifting and handling equipment, electrical and plumbing installations,
switches, contactors, operating equipment – such as hydraulic oils for lifts – etc., at the installation site
.
are present.
13.3 If assembly or commissioning is delayed due to circumstances for which we are not
represent, the delivery period shall be extended and the additional expenditure shall be charged to the customer
.
additionally charged.
14. Amendment of contract
.
Amendments or additions to our terms and conditions are only valid if they
.
have been agreed in writing.
15. Place of performance, jurisdiction and applicable law
.
The place of performance and jurisdiction is Urdorf/ZH (Switzerland).
These terms and conditions of sale and delivery are governed by Swiss law, to the exclusion of
.
UN Convention on Contracts for the International Sale of Goods (CISG).
REMA TIP TOP Schweiz AG, Birmensdorferstrasse 30, CH-8902 Urdorf www.rema-tiptop.ch Issue 3 / 15.08.2019