General Terms and Conditions of Sale and Delivery
All our offers and price lists are subject to change without notice. We are anxious to observe the offered prices, quantities and delivery times. Any advisory services occur to the best of our knowledge but not binding at all.
The prices are ex works loaded and unpacked and do not include the costs of packaging and carriage. Prices refer to the confirmed and invoiced services and are always subject to change. They are not applicable in all cases for any deliveries of more or less than the quantity agreed upon. We reserve the right to fix a minimum order charge or to settle a surcharge for small quantities.
Delivery of the goods is ex works loaded in accordance with Inco terms 2010. Delivery periods shall be extended for an appropriate time in the case of events caused by force majeure which are outside of the seller’s influence. Such late deliveries do not entitle the buyer neither to withdraw from the contract nor to ask for compensation of any kind.
Force majeure means any cause beyond the reasonable control of the seller. We are entitled in such cases to cancel orders or part of it without compensation.
Transfer of Risks
The purchaser must bear all risks of loss or of damage to the goods from the time of leaving our domicile. The goods are not insured from our side.
Payments must be done in accordance with the instructions on the invoice and using the prearranged currency. Unjustified deductions cannot be accepted. We are entitled to charge default interest plus administrative costs from the date on which payment is due.
Trade Mark Rights
We reserve ownership of and copyright in offers, drafts, drawings and other documents, plus molds and tools for the execution of an order. The latter shall be made accessible to third parties only with our agreement.
Applicable are only the warranty terms of the specific producer of the goods. Exceptions must be fixed in written form. Under no circumstances we can award subsequent damages.
Complaints regarding any identifiable defects shall be reported to the seller in writing immediately after receipt of the goods, at the latest within eight days. If the complaint has not been filed in due time, all warranty claims shall become void.
We only accept return goods if they are originally packed, new, undamaged and unfitted. Non-standard or specific manufactured parts cannot be redeemed.
Reservation of Property Rights
Title to the goods shall not pass to the purchaser until the purchaser has paid their price.
The place of performance for all contractual obligations shall be the place where we have our domicile. The ordinary local courts shall have exclusive competence to device on all litigation arising out of or in connection with individual purchase or delivery agreements. All agreements shall be governed by and construed in accordance with Swiss law only.
Scope of Application
These general terms and conditions of sale and delivery shall apply to all purchase and delivery agreements concluded between Klaus-Häberlin AG and its customers, except where otherwise agreed in written form. They shall in all cases take precedence over all alternatively worded conditions supplied by the purchaser.