General Conditions of Sale and Delivery of smartfilaments AG
Delays in delivery which are due to unforeseeable circumstances for which the supplier is not responsible (delays by third parties in the delivery of materials, strikes, fire, etc.) shall not entitle the customer to withdraw from the contract. Instead, he shall grant the supplier a reasonable grace period of at least 30 days. Only if the delivery does not take place within this grace period shall the customer be entitled to withdraw from the contract. Claims for damages against the supplier due to delays in delivery are excluded from the outset.
– The prices are quoted ex works. Packaging is charged at cost price. Custom-made products are charged according to the effective wage and material costs.
– Transportation is at the expense and risk of the customer. In the case of carriage paid deliveries, transport is also at the risk of the customer. The customer shall inform the supplier immediately after receipt of the goods about any damage caused by the transport.
– The customer is obliged to check the delivery immediately upon receipt and to notify the supplier of any defects immediately, in any case within 30 days of receipt of the goods at the latest. Later notices of defects exclude any liability for defects on the part of the supplier.
– In the event of defects for which the supplier is responsible, the purchaser is only entitled to demand the delivery of defect-free goods against return of the complete delivery. Any defects shall have no influence on the agreed payment terms and deadlines.
– The invoices of the supplier shall be paid within 30 days. Upon expiry of the payment period, the customer shall be in default without reminder and shall owe interest on the entire invoice amount at a rate of 5% from the date of default.
– The delivered goods shall remain the property of the supplier until the purchase price has been paid in full. In the event of default of payment, the supplier is entitled to have a reservation of title entered in the reservation of title register.
– Already delivered goods free of defects will only be taken back in exceptional cases. If the supplier agrees to the return of the goods, the customer shall owe the supplier a lump-sum compensation of 10% of the net invoice amount of the returned goods.
– Place of performance and exclusive place of jurisdiction is Wil/SG. Swiss law shall apply.