General terms and conditions of the company conex marketing rohrer, hereinafter referred to as the supplier.
General
By ordering and accepting the goods, the customer agrees to the supplier’s general terms and conditions of sale and delivery.
The general terms and conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or tacitly accept them. Amendments and ancillary agreements are only effective if they are confirmed in writing by the supplier.
These GTC are valid for an indefinite period of time, as long as they have not been changed by the parties in a written agreement.
In all other respects, the provisions of the Swiss Code of Obligations on the contract of sale (Art. 184 ff. OR) as well as other Swiss laws and ordinances shall apply. Should any provision of this contract be or become invalid or should the contract contain a loophole, the legal validity of the remaining provisions shall remain unaffected thereby. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes as close as possible to the economic purpose intended by the parties. The same applies in the event of a gap.
Orders / Confirmations
Orders placed in writing or by telephone shall be binding and shall be deemed to constitute the conclusion of a contract. Upon receipt by the customer of the supplier’s written order confirmation or delivery note, the latter shall be deemed to have been accepted. Cancellation on the part of the supplier’s subcontractors and cases of force majeure remain reserved.
Delivery times
The Supplier shall endeavour to deliver the agreed products to the Customer on the dates specified in the order confirmation, while the Customer undertakes to take delivery of and pay for these products at the predetermined time. Delays in delivery do not entitle the buyer to withdraw from the contract or to make other claims.
The deadlines shall be postponed appropriately if obstacles occur which are beyond the will of the supplier; such as natural events, mobilisation, war, riots, epidemics, accidents and illness, significant operational disruptions, labour disputes, late or defective deliveries as well as official measures.
The supplier must inform the customer of any delays as soon as possible.
Prices and terms of payment
The prices are fixed in the offer. The value added tax is added. The buyer shall bear the transport costs as well as the costs for the inspection of the goods.
The customer is obliged to pay within 30 days after delivery. For deliveries in excess of CHF 1,000, one third of the purchase price must be paid upon conclusion of the contract, the remainder 30 days after delivery.
Warranty
The buyer must inspect the condition of the goods immediately upon receipt and report any defects that become apparent during this inspection in writing without delay. Defects which only become apparent later should be reported immediately in writing.
The buyer may not return the goods to the seller without the seller’s consent. Customary or minor, technically unavoidable deviations in quality cannot be objected to.
Any liability for defects shall expire within six months after dispatch of the goods or, if the goods are stored at the Seller’s premises, after dispatch of the invoice, or of the notice of readiness for delivery, if this is given by the Seller before dispatch of the invoice.
Retention of title
All deliveries remain the property of the supplier until full payment has been received.
Applicable law
The place of jurisdiction is the registered office of the supplier. However, the supplier may also call upon the court at the customer’s place of business.
The Parties shall endeavour to settle any disputes arising from the performance of this Agreement amicably.
Zurich, February 14, 2020