Conditions

General sales basis:

The General Terms and Conditions (GTC) are an integral part of every purchase contract. Deviating agreements must be made in text form (in writing or by email) and they take precedence over the buyer's purchasing conditions, unless the seller has expressly recognized these conditions as binding in text form.

Binding information:

Information in operating instructions, catalogs, brochures, etc. is only binding if it is expressly referred to in the contract.

Contractual adjustments:

The scope of delivery is determined by the contract. Changes or additions must be made in writing. This also applies to customer-specific requirements when machining workpieces.

Purchase price/purchase price payment

Prices

• The prices are stated in Swiss francs (possibly euros) and are net prices, ex delivery factory EXW (Incoterms 2020) .
• The purchase price is purely net and excludes VAT or other surcharges.
• It is clarified that the prices are unpackaged and do not include disassembly and assembly. Adjustments to country-specific, cantonal, local and company regulations of the purchaser are also not included, unless otherwise agreed in writing.

• Payment must generally be made according to the agreed payment terms and in the agreed currency without deductions
• The buyer is in default without a reminder if he is in arrears with a payment.
• In the event of late payment, the seller may suspend his own obligations and charge default interest of at least 6% per year.
• The seller's employees are not authorized to accept payments.

• The buyer usually makes a previously agreed reservation payment in advance.
• The seller confirms receipt of the reservation payment and at the same time guarantees that the purchased item is reserved for the buyer.

• The buyer makes the final payment before the scheduled dismantling or collection.
• The purchased item can only be dismantled, i.e. picked up, after full payment has been received in the seller's account and confirmed

• If the buyer withdraws from the purchase after the reservation payment has been made, the reservation payment will be viewed as “regret money”.
• If the purchased item is not picked up within the agreed period, the buyer will be deemed to have withdrawn from the purchase contract. In this case, the reservation payment made is also considered “repentance money”.
• In the event of default, the seller can withdraw from the contract and demand compensation.

• The buyer acknowledges that the seller remains the owner of the delivery item until full payment has been made.
• The seller is entitled to register the retention of title in the relevant retention of title register without the involvement of the buyer.

• Before the transfer of ownership, the delivery item may not be pledged, transferred as security or moved to another location without the written consent of the seller.

• If the buyer changes residence, he is obliged to notify the seller immediately

• By concluding the contract or paying the invoice, the buyer confirms that he is familiar with the purchased item, its condition and its functionality.
• Delivery or sale takes place “ex works as seen”, without guarantee and/or warranty.
• Liability for the purchased item, including dismantling, transport and assembly, is transferred to the buyer when the purchased item is handed over.

• The buyer assumes responsibility for the dismantling of the machine and any necessary modifications to the buildings to carry out the dismantling.
• The buyer is obliged to dismantle the machine properly in accordance with the specified instructions and safety standards. Any damage to the machine or surrounding structures due to improper disassembly is the responsibility of the buyer.
• Any damage to the machine, buildings or third parties that occurs during dismantling will be borne by the buyer. This includes damage caused by improper handling, transport or disassembly.
• It is the buyer's responsibility to obtain appropriate removal insurance to cover any damage or loss.

• Deviating and/or supplementary provisions must be agreed in writing.
• The place of jurisdiction for disputes arising from this contract is the company headquarters in Kaltbrunn, SG Switzerland
• This contract is governed by Swiss law without regard to conflict of law principles and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.