Delivery and Payment Conditions
Delivery and Payment Conditions
valid from 1st March 2011
First time orders are seen as accepted unless refused by seller within 20 days. Follow-up orders have a deadline of 10 days.
(1) All deliveries are carried out directly from factory at buyer´s risk and at seller´s cost in a form that is most convenient to seller (standard freight, post, shipping agent, or package/ parcel service).
(2) Additional costs for special buyer requests (for example express or shipment via messen-ger service) are to be paid for by buyer.
(3) All single orders that have a value of less than CHF 500,00 will be shipped at buyer´s expense.
(1) Seller retains all proprietary rights to delivered goods until all agreed to terms of business have been fulfilled. Such conditions include all invoice claims seller can make to buyer now and in the future. Buyer is also obliged to take part in all necessary steps to protect goods to which seller still has proprietary rights. Buyer is obliged to grant seller the right to register all such pro-prietary rights in the proprietary rights register. Buyer has right to dispose of all unpaid goods in a proper business setting. All claims of buyer to own customers resulting from further sale of such goods on credit or commission must be turned over by buyer to seller. Buyer is required to sign such a declaration of assignment immediately upon first request of seller. Seller authorizes buyer to issue invoices in own name for such assigned claims. This authorization can only be revoked if buyer does not fulfill invoice payment obligations to seller. In cases of payment stop, declaration of bankruptcy, in- or out of court insolvency proceedings, check or billing dispute, or execution, buyer´s right to further sale or processing of goods as well as billing rights become void. As long as the value of all buyer paid deposits exceeds claims by more than 20%, this surplus can be used at buyer´s request and at seller´s discre-tion, to credit buyer´s account. A re-prossession of goods by seller is done for security reasons only. This does not mean a volding of contract.
(2) All pawning or usage of goods as collateral to third party as deposit or security must be authorized by seller. Buyer must inform seller immediately regarding any such execution of third party on seller´s unpaid goods. Collection of balance and acceptance of account stated do not affect proprietary rights.
(1) Acts of nature, war, or measures taken by the authorities give both buyer and seller the right to extend delivery/acceptance deadline for the length of time of hindrance up to a maximum of three weeks without having to pay damages/compensation. After deadline has passed, both buyer and seller have right to terminate contract.
The aforementioned also applies in cases of industrial action (strike and lockout).
Seller is considered to be in delay if delivery does not follow within the agreed delivery
(2) After a 22 working day grace period immediately following such agreed period of time, termination of contract will be considered finalized. Termination of contract is also considered finalized after 22 working day grace period, if seller before or after grace period is over suggests to buyer a fixed delivery date after grace period, and buyer does not immediately agree to this or an agreement regarding delivery date cannot be reached.
(3) Instead of automatic 22 working day grace period as mentioned in clause (2) buyer can, in case of delay of seller, set a 15 day deadline explaining that he/she does not consider contract fulfilled after expiration of such deadline. Such deadline is calculated starting on day that buyer sends declaratory statement of such by fax or registered mail. After expiration of deadline, buyer has right to request damages/compensation due to non-fulfillment of contract.
(4) Fixed date transactions are not considered for first-time orders.
(1) Notice of all visible defects must be made in writing within 10 days of receipt of goods. Reason for such notice must also be stated.
(2) Standard rules of law shall apply for concealed defects.
(3) Defective goods may only be returned with prior permission of seller, except in cases where seller does not respond to the notice of defects within 10 days.
(1) All invoices are issued on day of shipment/receival of goods. In case of early delivery. agreed to delivery date will be considered as date of issuance.
(2) Rebates for cash payments:
- Within 10 days 3 %
- Within 30 days 2 % rebate will be awarded.
Within 60 days the invoice has to be paid net.
(3) All invoices issued from 01. to 10., from 11. to 20. and from 21. to month´s end can be combined and issued on the last day of the aforementioned time periods.
If buyer falls behind with invoice payments or experiences deterioration of financial situation, seller has the right to terminate unfulfilled part of contract or request cash payment or security deposit for all future delivered goods, without having to set a grace period.
Place of fulfillment for all contracted services is city where seller´s branch office is located. Court of jurisdiction for all business disputes from contract is Zürich/ZH.
Seller has right to contact court in the partner´s city of residence or registered office. The court that is contacted first is the one responsible. All legal relationships/disputes fall under Swiss law.
The buyer commits himself to sell the purchased goods to consumers in retail stores which are known to the seller. Seller and buyer adjust changes in distribution channels within the legal framework.