General Terms and Conditions
General Terms and Conditions of Swiss Bonding GmbH
(From 10.2022)
1 Scope
These general terms and conditions (GTC) are binding for all deliveries and services of Swiss Bonding GmbH. In particular, they also apply to deviating conditions of the customer, unless Swiss Bonding GmbH has agreed to those conditions in writing. If Swiss Bonding GmbH agrees individual regulations with a customer in writing that deviate from these General Terms and Conditions, these individual regulations take precedence over the General Terms and Conditions. Should any provision of these conditions be or become void or ineffective, the remaining part of these conditions shall not be affected. In the event of the nullity or ineffectiveness of a clause, it is to be replaced by one that comes closest to the economic purpose of the ineffective provision and is effective. Proceed in the same way if a gap becomes apparent.
2. Place of delivery, place of performance
Place of fulfillment is CH-Kaltbrunn. Delivery is ex works (Wilenstrasse 23, 8722 Kaltbrunn, Switzerland). With delivery ex works, benefit and risk are transferred to the customer.
3. Transport, packaging
Swiss Bonding GmbH packs the delivery and organizes its transport. However, Swiss Bonding GmbH assumes no liability for this. The customer is solely responsible for insuring the delivery from the time of delivery ex works.
4. Time of Delivery
The indication of the expected delivery time is non-binding. Swiss Bonding GmbH shall take the best possible care to ensure that the delivery deadline is met. Any delay in delivery does not give the customer the right to withdraw from the contract or claim compensation for direct or indirect damage, indirect damage, consequential damage, reflex damage or loss of profit.
5. Prices
The prices offered apply only to the respective qualities, quantities and number of deliveries. The prices of Swiss Bonding GmbH are subject to change. In the event of a significant change in the circumstances before delivery, Swiss Bonding GmbH can adjust the prices. The prices are in CHF and, unless otherwise agreed in writing, ex works, excluding VAT and shipping costs. With the exception of the discounts expressly mentioned in Swiss Bonding GmbH documents (e.g. offer, order confirmation), no further discounts, cash discounts or expenses may be deducted. Retentions for any warranty claims are not permitted.
6. Terms of Payment / Retention of Title
Payments are to be made by the customer in accordance with the agreed terms of payment at the domicile of Swiss Bonding GmbH without deducting discounts, expenses, taxes, levies, fees, customs duties and the like. Unless otherwise agreed, invoices are to be paid net within 10 days. If the customer does not meet the payment deadlines, interest on arrears of 5% will be due from the 2nd reminder. If the enforcement has to be threatened, an additional reminder fee of CHF 50.00 is due for payment. Swiss Bonding GmbH can assign claims to debt collection companies. Compensation for further damage remains reserved. Swiss Bonding GmbH remains the owner of the entire delivery until full payment has been made.
7. Warranty / Liability
The customer must check the delivery immediately upon receipt. Complaints must be made within 8 days of receipt of the delivery at the latest. The warranty period begins upon delivery. If defects occur in the delivery during the warranty period, the customer is entitled to repair or replacement of the defective parts of the delivery. It is at the sole discretion of Swiss Bonding GmbH whether defective parts are repaired or replaced. In the event of defective delivery or service, further claims by the customer are excluded, i.e. the customer is in particular not entitled to change the contract, to demand a reduction in value or to claim damages. The defective product must always be delivered to Swiss Bonding GmbH in its entirety, not just individual parts. The costs of delivery are at the expense of the customer. The guarantee is excluded:
• if the installation instructions and/or the operating instructions are not fully complied with.
• if the customer or third parties make changes or repairs to the delivery themselves without the written consent of Swiss Bonding GmbH.
• in the event of defects due to natural wear and tear.
• in the event of defects due to improper handling, storage or installation.
• in the case of defects that arise as a result of force majeure.
Due to breaches of other contractual or non-contractual obligations, Swiss Bonding GmbH is only liable for the proven, direct damage if this was caused by Swiss Bonding GmbH intentionally or through gross negligence. Swiss Bonding GmbH assumes no liability for slight negligence. Under no circumstances is Swiss Bonding GmbH liable for indirect damage, indirect damage, consequential damage, reflex damage or loss of profit.
8. Returns
Standard items can only be returned with the prior consent of Swiss Bonding GmbH. The items must be in perfect condition and in their original packaging and must have been purchased from Swiss Bonding GmbH. 20% of the value of the goods, but at least CHF 30.00, will be charged for the activities and deducted directly from the credit. Custom-made products and items that are no longer available cannot be returned.
9. Copyright, patent, design and trademark law
Brands, drawings and projects of Swiss Bonding GmbH, which are protected by intellectual property rights, remain the property of Swiss Bonding GmbH. It is not permitted to reproduce, use or pass these on to third parties without the written permission of Swiss Bonding GmbH. Customers are obliged to comply with trademark, patent, design and copyright regulations. In particular, they are prohibited from using brands and images from Swiss Bonding GmbH or their suppliers without written permission.
10. Governing Law, Jurisdiction
The contractual relationship between Swiss Bonding GmbH and the customer is subject to Swiss law. The exclusive place of jurisdiction is at the registered office of Swiss Bonding GmbH.