Terms & Conditions


 

General Terms and Conditions of Sale and Supply
Speckert & Klein AG
 
 
1.   General Remarks
a) Our supplies, services and offers are provided exclusively on the basis of these General Terms and Conditions of Sale and Supply, which apply to the exclusion of any terms or conditions of the customer that we do not expressly acknowledge in writing. Terms and conditions of purchase of customer in particular are not binding even if we do not expressly raise an objection to them.
b) These General Terms and Conditions of Sale and Supply shall also apply to all future business relations. If a divergent arrangement is made expressly in connection with individual provisions of these General Terms and Conditions of Sale, the remaining provisions shall continue in effect.
c) If individual provisions of these General Terms and Conditions of Sale and Supply are determined to be invalid, the remaining provisions shall continue in effect. The invalid provision shall be superseded by a valid provision that most closely matches the commercial intention of the invalid provision.
 
2.   Offer and Offer Documents
a) Our offers are subject to confirmation. Unless agreed otherwise in writing, our written acknowledgement of order bindingly defines the extent of the performance owed under the contract.
b) The information, drawings, illustrations, technical data, measurement and performance specifications contained in our brochures, descriptions and offer documents are regarded solely as approximate values, unless they are expressly stated as binding in writing. We expressly reserve the right to make technical changes to our products without notice.
c) Offer documents that are marked "confidential" may only be forwarded to third parties with our express written consent.
 
3.   Prices and Terms of Payment
a) Unless agreed otherwise in writing, prices are quoted ex works Volketswil, in Swiss francs, plus value added tax at the statutory rate that is applicable on the invoice date.
b) Payment is made in accordance with the terms of payment that are specified in each case. If the terms of payment have not been specified, the purchase price is payable in full within 30 days from the invoice date.
c) Upon expiry of the payment deadline the customer is automatically in arrears without the requirement to issue a further reminder and we are entitled to charge the customer 6% interest on the invoice total commencing from the default date.
d) We are entitled to request payments on account or instalments for orders valued in excess of CHF 1,000.
e) In the event that the prime costs of goods or services, which are delivered or provided more than 4 months after conclusion of the contract, rise by at least 5% as a result of increases in commodity prices, we reserve the right to adjust the originally agreed prices accordingly.
 
4.   Terms of Delivery and Delayed Delivery
a) The delivery periods quoted are not set dates, unless expressly agreed otherwise in writing. We are entitled to make partial deliveries. All deliveries are ex works and are made at the customer’s risk even if carriage paid delivery terms are agreed.
b) In the event of operating failures, irrespective of their nature, including delayed deliveries and non-deliveries of materials by our suppliers, strike, lock-out, shortage of raw materials and power shortages, traffic disruptions and unavoidable breakdowns as well as all other cases of force majeure, we have the option of either extending the delivery period commensurately or wholly or partly withdrawing from the contract.
c) Should the customer get into arrears with a payment pursuant to Section 3, we are entitled to retain the goods that have been ordered until payment, incl. default interest, has been made in full.
Should we be responsible for a failure to adhere to the delivery deadline, the customer may withdraw from the contract upon expiry of a reasonable extension of the deadline of at least 30 days to be specified by the customer in writing. Section 6 applies to claims for damages.
 
5.   Warranty
a) The customer shall inspect the delivered goods upon receipt and shall inform us of any defects in writing immediately, but in any event within 7 days from receipt of the goods. Defects that are not detectable within this deadline, even during a careful inspection, shall be notified to us in writing immediately upon detection.
b) If the goods are defective when the risk is transferred, we have the option of either supplying a replacement or repairing the goods. We are entitled to make several attempts at repairing the goods. When the subsequent replacement/repair has definitively failed, the customer is entitled, subject to the provision set out below, to withdraw from the contract or to request a reduction in the purchase price. In the case of a minor breach of the contract, in particular if the defects are only negligible, the customer is not entitled to withdraw from the contract. Section 6 applies to claims for damages arising from a defect.
c) The warranty period for our products is 2 years and commences on the date of delivery.
d) The warranty is inapplicable if the supplied goods have been altered or processed by the customer.
 
6.   Limitation of Liability
We are liable under the statutory provisions for intent and/or gross negligence on our part as well as for culpable personal injury. All further liability, including in particular consequential damages, – for representatives and vicarious agents as well – is excluded, regardless of the legal nature of the claim that is enforced to the extent permitted by law.
 
7.   Conclusion of Contract / Power of Representation
Agreements with our representatives and travelling salesmen are not binding unless they have been expressly confirmed in writing by our sales management. This particularly applies to orders that are accepted by our representatives and travelling salesmen.
 
8.   Applicable Law - Official Language of the Contract - Jurisdiction
a) These General Terms and Conditions of Sale and Supply and the entire legal relationship between us and the customer are governed, subject to the provision set out below, by Swiss law, with the exclusion of the Swiss Code on Private International Law and the provisions of the UN Convention on Contracts for the International Sale of Goods.
b) If these General Terms and Conditions of Sale and Supply are disclosed to the customer in a language other than German, the German text alone shall prevail in the event of discrepancies in their translation / interpretation. The sole purpose of translating these General Terms and Conditions of Sale and Supply into another language is to aid understanding.
c) The jurisdiction for any disputes arising out of and connected to the relations between us and the customer is Volketswil ZH, Switzerland. We nevertheless expressly reserve the right to bring proceedings against the customer at his domicile or registered office.
 
 
Volketswil ZH, in October 2013