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General terms and conditions
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1. General
| 1.1 |
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The
following terms and conditions are binding for all business
transactions between Admatec AG and the customer. These
supersede any other possible conditions of the customer.
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| 1.2 |
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These
conditions are applicable for both present and future
business transactions, unless there is a contrary written
agreement. This also applies to any individual orders
which are linked to an existing business transaction,
even if these conditions are not explicitly referred to.
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| 1.3 |
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All
offers are subject to alteration. In exceptional cases,
we reserve the right, in the light of an offer, not to
accept the assignment.
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| 1.4 |
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Assignments
are only accepted after clarification of all details and
by means of a written confirmation.
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| 1.5 |
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All
prices are normally fixed. However, we reserve the right,
in the case of disproportionate price fluctuations, to
charge the effective price on the day of delivery. Nevertheless,
for items which are not yet in production, the contracting
parties are entitled to withdraw from the contract. All
prices are in Swiss Francs, unless another currency has
previously been agreed upon. These prices are calculated
as of Mägenwil, unpacked, duty paid, based on the
official average exchange rate which is valid on the day
of delivery, as well as the valid customs tariff needed
for the traffic of goods with the country of our supplier.
Deviations, thereof, are only valid upon prior written
agreement.
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| 1.6 |
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Over-
and under-delivery of goods is permissible for up to 10%
of the amount ordered. Our declaration of the weight of
the goods, as well as the size and weight of the packaging,
are to be understood as guidelines.
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| 1.7 |
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The
acceptance and execution of orders can be made dependent
on a guarantee or a payment in advance.
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2. Conditions of payment
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The
amounts stated on the invoice are payable within 30 days,
at the latest from the date on the invoice, net and without
any kind of deductions. Regulations, through acceptance
or promise of payment, are permissible upon prior agreement,
for a term of 90 days at the most. In such an instance,
the usual bank discount charges will also be invoiced.
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| 2.2 |
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Cheques,
promises of payment and acceptances are only valid as
payment upon bank verification.
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| 2.3 |
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The
withholding of payments due to any, either from us resp.
from our suppliers, acknowledged counterclaims of the
customer is not permissible, nor the deduction of such.
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3. Conditional sale
Until the purchase price has been paid in full, the vendor remains
the owner of the goods. The buyer concedes the right of the
vendor to register the conditional sale.
4. Delivery time
The indicated delivery times are not binding. In particular,
we cannot be held liable for delays caused by unforeseeable
events such as ‘acts of God’, mobilization, war, revolt,
scarcity of raw materials, operating disturbances, foreclosure
of production, strikes or other unavoidable occurrences. The
buyer is not entitled to make any claims should the ordered
goods be undeliverable or only be delivered with delay due to
the above-mentioned unavoidable occurrences.
5. Packaging, dispatch and transfer of risks
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With
postal deliveries, the packaging will be charged together
with the postage. The packaging is not returnable.
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| 5.2 |
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The
client will be invoiced for the cost of packets and express
postal charges.
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| 5.3 |
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With
the conclusion of the contract, all risks are transferred
to the buyer. |
| 5.4 |
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Transport
insurance is only taken out with the explicit wishes of
the client, and at their expense. Deliveries, with possible
transport damages, should be accepted with reservation,
and are to be reported to the transport company in question
within the legal time limit, for reasons of ascertainment
of the facts. Complaints are to be filed within 8 days
of the arrival of the goods; otherwise the delivery is
considered to be accepted.
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6. Guarantee and liability of defects
For defects of a delivery, including the lack of guaranteed
features, liability is only guaranteed, inasmuch as the faulty
items are repaired or replaced, depending on prior agreement,
and only then, if the complaint is made without delay and within
a maximum of 6 weeks after the arrival of the goods, together
with the delivery papers. Any further claims by the buyer regarding
guarantee, particularly any claims of replacement in the case
of an indirect or direct damage, are waivered.
7. Drawings and documents
Our suppliers, resp. we, reserve the sole right of ownership
and copyright on all drawings, blue prints and estimations of
costs. The mentioned documents are passed on to the client personally
and may not be made accessible to third parties, nor copied
without our written consent. Should the offer not lead to an
assignment, these documents are to be returned to us upon request.
8. Matrices, etc.
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The
partial share of costs for matrices, tools, engravings,
moulds, mechanical appliances, etc., are payable upon
invoicing. These appliances remain in the ownership of
the supplier for the protection of the constructions,
regardless of the fact if these appliances have been made
use of for delivery purposes. Deliveries from such appliances
to third parties require the written consent of the customer
for whom they were originally constructed. An obligation
to reserve individual designs for a customer can only
be agreed for those articles which the customer has protected
by a patent or registered design.
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| 8.2 |
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Our
suppliers are entitled to dispose freely of the matrices,
provided that these have not been used for a period of
5 years since the last order.
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9. Place of production and place of jurisdiction
| 9.1 |
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Place
of production is Mägenwil.
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| 9.2 |
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For
any disputes, only Swiss law is applicable. The place
of jurisdiction is
5600 Lenzburg
Admatec AG
CH-4614 Hägendorf
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Admatec AG
Fabrikstrasse 10
CH-4614 Hägendorf
Fon +41 62 896 00 48
Fax +41 62 896 25 80
info
 
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