Terms and conditions

Offers that do not include a deadline for acceptance are non-binding. Offer prices are always subject to change.

The delivery contract is considered concluded when the order received is confirmed in writing, by fax or e-mail.

The order confirmation shall be authoritative for the scope and execution of the delivery. Services not included therein shall be invoiced separately. Excess and short deliveries of up to 10% of the order quantity shall be deemed to be performance in accordance with the contract.

All technical documents remain the intellectual property of the supplier and may not be copied, reproduced or brought to the attention of third parties in any way or used for the production of the work or components.

The Purchaser shall draw the Supplier's attention to the statutory, official and other regulations relating to the execution of the delivery, assembly, operation and the prevention of illness and accidents.

6.1. Unless a deviating INCOTERM clause has been agreed, the prices are net ex works, excluding VAT, packaging and any deductions. All additional costs such as freight, insurance, export, transit, import and other permits as well as notarizations shall be borne by the Purchaser. Likewise, the purchaser shall bear all types of taxes, duties, fees and customs duties.

6.2. The supplier reserves the right to adjust prices if wage rates or material prices change between the date of the offer and the date of the order (price escalation formula VSM).

6.3. Unless expressly agreed otherwise, quotations and invoices shall be made in the currency of the supplying plant.

7.1. Tooling cost shares are generally invoiced separately from the value of the goods. They are to be paid with the sending of the reference sample or, if such was not requested, with the first delivery of goods.

7.2. By payment of cost shares for tools, the Purchaser shall not acquire any claim to the tools; they shall remain the property and in the possession of the Supplier. If the Purchaser acquires the tool in full by payment of the remaining tool cost share, the drawings and materials of the moving parts shall be handed over to him on request. The principle design data shall remain in the possession of the supplier.

7.3. For orders from companies not known to the supplier, half of the tooling costs are due for payment when the order is placed.

7.4. The supplier undertakes to store the tools for the purchaser for 5 years after the last delivery. If, before the expiry of this period, the Purchaser informs the Supplier that orders will be placed within a further year, the Supplier shall be obliged to store the tools for this period. Otherwise, he may freely dispose of the tools.

8.1. Payments shall be made by the Purchaser at the Supplier's domicile without deduction of discounts, expenses, taxes and fees of any kind no later than 30 days from the date of the invoice. The payment obligation shall be deemed to have been fulfilled insofar as the invoice amount has been placed at the free disposal of the Supplier in the invoiced currency. In the case of partial deliveries, payment shall be made in accordance with the scope of the individual delivery.

8.2. The payment dates shall also be observed if transport, delivery, assembly, commissioning or acceptance of the delivery is delayed or made impossible for reasons for which the Supplier is not responsible. It is inadmissible to reduce or withhold payments due to complaints, claims or counterclaims of the Purchaser not recognized by the Supplier. Payments shall also be made if insignificant parts are missing but this does not make the use of the delivery impossible or if reworking of the delivery proves necessary.

8.3. If, by way of exception, the Purchaser has to be granted extended payment periods, the Purchaser shall pay interest on the payments still outstanding after completion of the delivery at the factory at a rate at least 4 percent above the discount rate of the Swiss National Bank.

8.4. If the Purchaser fails to meet the agreed payment deadlines, he shall pay interest on arrears from the date on which payment was due without the need for a special reminder; such interest shall be based on the interest rates customary at the Purchaser's domicile, but shall amount to at least 6 percent per annum. The payment of interest on arrears shall not suspend the obligation to make payment in accordance with the contract.

DeThe supplier retains ownership of his delivery until it has been paid for in full. The Purchaser is obliged to cooperate in measures required to protect the Supplier's property.r Lieferant behält sich das Eigentum an seiner Lieferung bis zu ihrer vollständigen Bezahlung vor. Der Besteller ist verpflichtet, bei Massnahmen, die zum Schutz des Eigentums des Lieferanten erforderlich sind, mitzuwirken.

10.1. The delivery period shall commence as soon as the contract has been concluded, all official formalities such as import and payment permits have been obtained, the payments to be made on orders and any securities have been provided and the main technical points have been settled. It shall be deemed to have been complied with if, at the time of its expiry, the delivery has been completed in the factory.

10.2. The delivery period shall be extended appropriately:

a) if the Supplier does not receive the data required for the execution of the order in due time or if the Customer subsequently changes them and thus causes a delay in the delivery;

b) if hindrances occur which are beyond the Supplier's control, irrespective of whether they arise at the Supplier's, at the Purchaser's or at a third party. Such hindrances are, for example, epidemics, mobilization, war, riots, major operational disruptions, accidents, labor disputes, delayed or defective delivery of the necessary raw materials, semi-finished or finished products, rejection of important workpieces, official measures. Natural events;

c) if the customer is in arrears with the services to be performed by him or is in default with the fulfillment of his contractual obligations. in particular if he does not comply with the terms of payment.

10.3. Compensation for delayed delivery requires a special written agreement. It may only be claimed if the delay is demonstrably caused by the Supplier and the Purchaser can prove damage. If the Purchaser is helped out by a replacement delivery, the claim for compensation for delay shall lapse.

10.4. Any compensation for delay shall amount to a maximum of ¼ percent for each full week of delay, but not more than 5 percent in total. calculated on the contract price of the delayed part of the delivery. In the case of delivery periods of more than five months, the first two weeks of delay shall not give rise to a claim for compensation for delay.

10.5. Any further claim for damages for delayed delivery is excluded.

11.1. The delivery shall be inspected by the Supplier, within the framework of the quality management system according to ISO 9001, according to the specifications of the Supplier's quality planning. If the Purchaser requires further tests, they shall be agreed in writing and paid for by the Purchaser.

11.2. The Purchaser shall inspect the delivery within a reasonable period of time and notify the Supplier of any defects in writing without delay. If he fails to do so, the delivery shall be deemed approved.

11.3. If the Purchaser wishes acceptance tests, they must be agreed in writing. If the acceptance tests cannot be carried out within the specified period for reasons for which the Supplier is not responsible, the properties to be established by these tests shall be deemed to be present.

11.4. If the delivery proves not to be in conformity with the contract upon acceptance, the Purchaser shall immediately give the Supplier the opportunity to remedy the defects as soon as possible.

11.5.Any further claim of the Purchaser due to defective delivery, in particular for damages, shall be excluded. If no rectification is possible, the purchaser may withdraw from the contract.

Die Verpackung wird vom Lieferanten besonders verrechnet und nicht zurück- genommen. Ist sie jedoch als Eigentum des Lieferanten bezeichnet worden, so muss sie franko an sein Domizil zurückgeschickt werden.The packaging will be charged separately by the supplier and will not be taken back. However, if it has been designated as the property of the supplier, it must be returned carriage paid to the supplier's domicile.

Delivery shall be made in accordance with INCOTERMS. Deviating provisions must be negotiated between the contracting parties. If shipment is delayed or made impossible for reasons for which the supplier is not responsible, the delivery shall be stored for the account and at the risk of the purchaser.Die Lieferung erfolgt gemäss INCOTERMS. Abweichende Bestimmungen müssen zwischen den Vertragspartnern ausgehandelt werden. Wird der Versand verzögert oder verunmöglicht aus Gründen, die der Lieferant nicht zu vertreten hat. so wird die Lieferung auf Rechnung und Gefahr des Bestellers gelagert.

14.1. The supplier must be notified in good time of any special requirements regarding shipping and insurance. Transportation shall be for the account and at the risk of the Purchaser. Complaints in connection with the transport shall be addressed by the Purchaser to the last carrier immediately upon receipt of the delivery or the freight documents.

14.2. Insurance against damage of any kind is the responsibility of the purchaser. Even if it is to be taken out by the Supplier, it shall be for the account and at the risk of the Purchaser.

15.1. The Supplier undertakes, at the written request of the Purchaser, to repair or replace as quickly as possible, at the Supplier's option, all parts which demonstrably become defective or unusable as a result of poor material or defective workmanship. Replaced parts shall become the property of the supplier.

15.2. The supplier shall only bear the costs arising from the repair or replacement of the defective parts in its workshops. If the defective parts cannot be repaired or replaced in the Supplier's workshops for reasons for which the Supplier is not responsible, all resulting additional costs shall be borne by the Purchaser.

15.3. Any further claim of the Purchaser due to defective delivery, in particular for damages and termination of the contract, is excluded.

15.4. The warranty period is twelve months. It begins with the departure of the delivery from the factory.

15.5. The warranty period starts anew for replaced parts.

15.6. The warranty does not cover damage due to natural wear and tear, inadequate maintenance, failure to observe operating instructions, excessive stress, unsuitable operating materials, chemical or electrolytic influences, inadequate construction and assembly work not carried out by the supplier and other reasons for which the supplier is not responsible.

15.7. The warranty shall expire if the Purchaser or third parties carry out modifications or repairs to the Supplies without the Supplier's written consent, and if the Purchaser fails to take appropriate measures without undue delay to prevent the damage from increasing and to enable the Supplier to remedy the defect.

15.8. For third-party deliveries, the Supplier shall assume the warranty only within the scope of the warranty obligations of the subcontractor, but the Supplier shall inform the Purchaser thereof.

The supplier must execute the delivery in accordance with the contract and fulfill his warranty obligations. On the other hand, any liability to the Purchaser for any damage in excess of the statutory liability is excluded.

17.1. The place of jurisdiction for the Purchaser and the Supplier shall be the Supplier's registered office. However, the Supplier shall be entitled to sue the Purchaser at the latter's place of business.

17.2. The legal relationship is subject to Swiss substantive law.

These terms and conditions of delivery are binding if they are declared applicable in the offer or in the order confirmation. Other terms and conditions of the Purchaser shall only be valid if they have been expressly confirmed by the Supplier in writing.Diese Lieferbedingungen sind verbindlich. wenn sie im Angebot oder in derAuftragsbestätigung als anwendbar erklärt w erden. Anderslautende Bedingungen des Bestellers haben nur Gültigkeit. soweit sie vom Lieferanten ausdrücklich und schriftlich bestätigt worden sind.