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General terms and conditions of sale and delivery KURATLE & JAECKER AG
The following general terms and conditions of sale and delivery of KURATLE & JAECKER AG (hereinafter referred to as “seller”) shall apply exclusively to all offers, sales and deliveries.
Any deviations from these terms, in particular the buyer's conditions of purchase, shall only become contents of the contract, where these are accepted expressly in writing and designated by the seller.
If any provision of these general terms and conditions of sale and delivery and the additional agreements entered into is or becomes invalid, this does not affect the validity of the remaining provisions or the validity of the agreement based on it. In the place of the inapplicable term in the condition is deemed to be agreed upon as from the beginning which comes closest to fulfilling the economic interests pursued by the parties.
Prices are understood as being denominated accordingly in CHF (Swiss Francs) or in EUR (Euro) ex-works (Incoterms 2010 FCA). The costs for shipment, packaging, transport, value added tax, duties, insurance and similar costs are not included in the price and will be invoiced separately. Prices are subject to changes at any time without notice. During the carrying-out of an order, if changes should arise in the costs of the seller, resp. price increases of his suppliers of any kind, additional taxes, charges due to official measures, custom fees increase or currency exchange rate fluctuations, the seller explicitly reserves the right to modify his price accordingly, without entitling the buyer to withdraw from the contract. Wrong prices and / or product specifications due to typing, transfer or other errors as well as modifications of specification by the manufacturer remain reserved.
Essential for invoicing are the determined mass and specifications on departure.
Up to CHF 990.-- value of goods a basic cost lump sum of CHF 39.50 will be charged per delivery. If the value of goods is higher, the proportion of transportation costs are generally offset with 3.99 % of the value of goods. The maximum amount of shipping costs fee is CHF 395.-- with each delivery. Deliveries with a value of goods below CHF 350.-- will be offset with a reasonable fee for small quantities of CHF 35.-- minimum. Surcharges for short quantities from the factory will be recharged by the seller.
On request, we unload the materials for a charge with our fork lift truck / crane carried on the vehicle. We cannot be held accountable, if the fork lift truck / crane is not available.
Setup-Fee at Pickup
Orders below CHF 300.- will be charged a setup-fee of CHF 18.-- on pickup at the ramp and no further discounts apply. Surcharges for short quantities from the factory will be recharged by us.
Package Sizes / Dimensions
The quantity per package depends on the supplier and may therefore vary.
Unless otherwise indicated, the strengths and formats are given in mm (first dimension figure ─ length of face veneer).
Over- or under deliveries by up to 10% do not entitle the purchaser to make a complaint. The commercial invoice has to be settled according to the delivered quantity.
All data the seller provides with respect to prices, products, delivery and other terms whether such information is given in a general form or as a specific answer to a buyer’s inquiry are non-binding, as long as the seller expressly makes a binding offer.
Customer's orders are only considered as accepted after the seller has confirmed them in writing. The information about the quality of the goods and other terms included in the order confirmation precede any deviating information in the customer’s order. Changes on design of ordered goods made by the seller or sub-suppliers are expressly reserved.
Data in offers and order confirmation on dryness, delivery times, weights, freights etc. is given to the best of knowledge, but is non-binding. Delivered specimens are to be always regarded as specimens of types, i.e., the characteristics of the samples shall be considered as warranted characteristics of the goods as there is no express instruction to the contrary by the seller, provided that the merchandise delivered is suitable for the purpose intended.
Reservation of Proprietary Rights
The Seller retains title to all objects of the contract until they have been paid in full. The seller is entitled to enter the reservation of proprietary rights into public registers. The buyer has the obligation to collaborate if the seller demands to make such a registration.
The buyer is not entitled to sell the goods, nor give the sold goods in mortgage or as a security to third parties until the purchase price has been fully paid. The buyer undertakes to immediately inform the seller about any distraints or other demands of third persons with respect to the sold good.
All deliveries are made at the purchaser's own risk and expense. Profit and risk pass to buyer the moment the object to be supplied leaves our works (Incoterms 2010 FCA).
The agreed term and day of delivery are given according to the best of the seller’s estimations and best effort is made to comply, but they are, however, unbinding and thus does not entitle the buyer to withdraw from the contract, to damages or other claims in case of non-compliance.
The seller expressly reserves the right at any time to make partial deliveries to a reasonable extent and to charge these separately.
In the event of force majeure and/or similar incidents ─ regardless whether they involve the seller or the supplier and auxiliary persons ─ which prevents the manufacture or delivery of the goods or makes it unreasonably difficult, the seller is entitled at own discretion without any third-party claims to withdraw in full or partly from the contract or to modify the delivery term and day accordingly. The supplier shall accept no liability whatsoever for any delayed delivery and in case of contract cancellation.
In the case of delivery on-call the buyer is obliged to call up the goods within the set time period. If shipment is delayed at the request of the purchaser, so that the interim storage of the goods is required, the storage costs will be charged to the purchaser. In the event that the scheduled quantities are not called up within the designated period, the seller may charge the storage and transhipment costs in full.
If the seller effects the shipment of the goods and the goods are not accepted within the agreed or standard delivery time, the additional expenditure of an additional shipment shall be payable by the buyer. The Supplier shall be responsible for entering into all storage fees, loss of interest and other costs arising from the delayed acceptance. The customer must bear in full the invoiced cost of transport where special transport is required.
Inspection and Acceptance of Delivery
The buyer shall examine the delivery on receipt and notify as soon as possible any defects in writing to the seller within 5 days since receipt of delivery. If he fails to do this, the delivery shall be deemed authorised.
The buyer is responsible for the validity of the personalized accounts in the webshop. If he fails to notify of suspending a user’s account, so shall be liable to compensate for any costs.
All complaints must be issued before any processing of the material is carried out. Defects which could not have been detected by immediate inspection must be communicated in writing without delay after they have been identified.
Claims and complaints shall never entitle to refuse acceptance resp. payment of the agreed-upon purchase price. In case of any claim for damage in transit also the carrier must be notified and a corresponding note should be attached to the respective packing slip. The damage is to be confirmed be the chauffeur.
Packaging plates are charged and cannot be returned. Upon consultation with us, crates and pallets can be returned free of charge and in good order and condition. Euro-pallets must be sent back upon delivery and in exchange with the carrier otherwise it will be charged.
All published details and scheduled delivery dates and delivery periods are based upon our current level of information. Depending on the order situation and supply situation times are subject to change at short notice. Exceeded deadlines will not enable either to withdraw from the order nor will there arise any claims or contractual penalties. Cases of force majeure shall release us from the obligation to deliver.
In case of a defect according to the law of sales which demonstrably already existed at the time of passing of risks and provided that the buyer observed his duty to examine the delivery and to notify any defects, the seller may, at his own option repair or replace the defective part, or, if he wants to waive repair or replacement, it will grant a diminution of the purchase price to the buyer. This duty of the seller and the respective right of the buyer runs out and shall lapse 12 months after shipment of the goods. After this point no claims by the buyer exist, whether or not it had been obvious or hidden defects.
The above-named rights upon defect of the buyer do not apply for the following defects:
- natural wear and tear;
- conditions of the goods or defects, which occurred after the transfer of risk or due to incorrect handling, storage or maintenance, failure to comply with installation or operating instructions or excessive load or use;
- conditions of the goods or defects, which occurred caused by force majeure, special external circumstances not foreseen under the terms of the contract or due to the product being deployed for tasks outside its normal scope of use or beyond those provided for under the terms of the contract.
Normal trade variations and / or slight variation from the agreed quality of the goods or only irrelevant impairment of the usability do not justify any claims made by the buyer.
If goods or parts thereof defective which had not been manufactured by the buyer, the seller may free itself from any liability by assigning the warranty claims against our sub-supplier to the buyer.
All other claims by the buyer such as rehibition, reduction, damages (including consequential damages) etc. are expressly excluded.
A valid declaration of performance for each delivered construction product will be printed or digitally provided on demand.
For all construction products supplied, the applicable declaration of performance shall be made available in printed or digital form upon request. All documents are prepared and maintained with greatest care. Their applicability, completeness and conformity with the prevailing state of the art must be checked by the processor and/or customer on his/her own responsibility. We do not assume any liability in this respect. Each and every specification and assumption must be adapted to local conditions prevailing.
Cancellations and Return Shipments
The buyer is not entitled to cancel any orders without the written consent of the seller. Complaints with respect to a delivery do not entitle the buyer to cancel the rest of the remaining delivery or other deliveries.
If the financial situation of the buyer had worsened significantly or differs in appearance from the presentation by the buyer, the seller is entitled to readily withdraw from the contract. In case of a justified cancellation by the seller, the buyer bears the costs incurred to the seller (Incoterms 2010 DDP).
Substitution and return of the seller’s goods are only possible free of charge and in good order and condition and only upon consultation with the relevant sales department. Returns without prior discussion or without our consent cannot be accepted and are not credited. The seller will deduct 20 % from the credit note for activities, packaging and freight, a minimum, however, of CHF 200.--.
We provide companies on account subject to a positive credit report. The seller’s invoices must be paid within 30 days after invoicing, without any deduction, unless otherwise agreed in writing.
The payment obligation is not executed until the receipt of the payment on the seller’s post office giro account or bank account (value date).
The buyer accepts that payments made by the customers will be used by the seller to settle the longest outstanding invoice.
In cases where no payment is made by the end of the payment period in the invoice, the client is in default. Should the customer fall into arrears of payment all invoices that the customer owes the supplier shall be pronounced due for immediate payment. In the event of default, the seller is entitled to revoke any discounts.
Default of payment and in the event of other changes to the buyer's circumstances, where the payment of ordered goods or services by the client is at risk, the seller shall be entitled;
- to cancel the order at any time and to withhold the delivery of the goods or to demand return from the buyer, resp. not to render potentially services;
- to declare immediately due all receivables from an existing contract relationship regardless of their actual due date or to demand the provision of securities for the receivables;
- to execute pending deliveries only subject to advance payment regardless of any previous agreements;
- as well as to charge a post dunning charge of up to CHF 200.-- besides an interest on arrears of 5 % and in the event of debt collection a contribution to costs of CHF 150.--.
The right to withhold payment of any funds or to compensate his counterclaims, is only permitted if the counterclaim is not in dispute and has been put into force.
Place of Delivery
Place of delivery for delivers and payment of goods is the swiss location of the seller.
Court of Jurisdiction
Place of jurisdiction is Leibstadt.
The application of the United Nations Convention on Contracts ("Wiener Kaufrecht”) for the International Sale of Goods does not apply to contracts with KURATLE & JAECKER AG.