General Terms and Conditions of Sale and Delivery (GTC)
Valid from January 01, 2024
1. scope of application
These General Terms and Conditions of Sale and Delivery form the legal basis for the contractual relationship between the customer and A+B Bürsten-Technik AG, unless otherwise agreed in writing.
2. conclusion of contract
The written order confirmation from A+B Bürsten-Technik AG is authoritative. Until then, offers from A+B Bürsten-Technik AG are subject to change and information on products and services or prices may be changed at any time.
3. prices
All prices are quoted net in Swiss francs. The set-up fee, transportation costs and value added tax (VAT) are not included in the price and will be invoiced separately.
4th delivery
Deliveries are made from our factory in CH-9630 Wattwil (Incoterm EXW/FCA Wattwil).
The actual postage or freight costs are shown openly on the invoice. Shipping in Switzerland is carriage paid from CHF 1,500.00 value of goods.
Packaging is not included in the prices and will be charged additionally. We charge a flat rate of CHF 30.00 or the actual cost for particularly complex set-up and packaging work.
For orders under CHF 150.00, a small quantity surcharge of CHF 50.00 will be charged.
5. terms of payment
Invoices must be paid in full within 30 days of the invoice date at the latest. If the payment deadline expires unused, the customer shall be in default without further reminder and shall additionally owe default interest in the amount of 5%. In the event of late payment, A+B Bürsten-Technik AG is also entitled to suspend further services, to make them dependent on advance payments by the customer or to waive further services. The customer is not entitled to withhold payments due or to offset them against counterclaims. However, the purchaser shall not be released from his obligation to accept delivery.
6. delivery times
The stated delivery deadlines will be adhered to as far as possible, but are non-binding. If the deadlines are exceeded, the customer is not entitled to cancel the order or to claim damages. Events of force majeure release A+B Bürsten-Technik AG from its obligation to deliver. Partial deliveries are permitted. The benefits and risks are transferred to the customer when the goods are made available ex ramp. Insurance of the goods against damage
and losses during transportation is the responsibility of the buyer.
7. returns
For returns for which A+B Bürsten-Technik AG is not responsible, a deduction of 10% will be made, but at least CHF 50.00 per return shipment.
8. property
All goods delivered remain the property of A+B Bürsten-Technik AG until payment has been made in full. If the customer sells the goods before he has acquired ownership of them, he hereby assigns his claims against the purchaser to A+B Bürsten-Technik AG to the extent of the outstanding claims. Special tools of all kinds and special devices shall be charged to the customer on a pro rata basis and shall remain the property of A+B Bürsten-Technik AG.
9. custom-made products and special tests
Custom-made products are invoiced according to the actual labor and material costs and cannot be returned. We reserve the right to deliver more or less than the agreed quantity for technical reasons.
Samples for quotations are always invoiced. The corresponding amount will be credited if the order is placed at a later date.
Special inspections are carried out at the customer's request and charged at actual cost, but at least CHF 150.00 per order.
10 Complaints / Warranty
Complaints regarding the quantity and quality of the goods can only be accepted if they are made in writing within 8 days of the arrival of the consignment. No liability is accepted for damage occurring during transportation or at the destination.
Goods that are unusable due to manufacturing defects or for other reasons will be replaced free of charge. If a warranty period has been agreed, this shall commence upon receipt of the goods. If products have to be taken back during the warranty period, they will be replaced, taking into account the natural wear and tear caused by use. No liability is accepted for damage caused by inaccurate information about the intended use, the requirements of electrical, mechanical, thermal, chemical, physical, biological or any other properties, or by incorrect type designation and improper handling of the goods by the customer.
We accept no liability for defects of which we are unaware and which only become apparent in the course of time. Our advice is given to the best of our knowledge, but without guarantee. Furthermore, the liability of A+B Bürsten-Technik AG - for whatever legal reason - is limited to gross negligence or intent and to the value of the goods ordered.
11. property rights
The customer and A+B Bürsten-Technik AG mutually assure each other of compliance with industrial property rights (copyright, design rights, trademark rights, patent rights, etc.). The rights to drafts, drawings, samples and projects shall remain exclusively with the respective rights holder. If the customer infringes third-party industrial property rights, A+B Bürsten-Technik AG shall be entitled to cease any further activity without examining the legal situation and the customer shall be obliged to indemnify A+B Bürsten-Technik AG.
hold.
12 Further provisions
Conditions or reservations of the customer which are in conflict with the above shall only be valid if they have been expressly recognized by us on the basis of written agreements.
