GTC

General Terms and Conditions of Sale and Delivery

The terms of delivery are based exclusively on the following provisions, the content of which is deemed to be recognised when the order is placed and in particular when our offers, order confirmations and invoices are accepted. Subsidiary agreements must be made in writing. Clause 9 shall also apply if a contract is not concluded. They shall in any case take precedence over any other terms and conditions of the buyer.

1. prices. All prices are non-binding. The prices quoted can only be maintained if the qualities and quantities stated in the offer are ordered unchanged and in full. The prices are calculated on the basis of the costs applicable on the day the quotation is issued. We must therefore reserve the right to adjust the prices to the new circumstances in the event of a significant change in the circumstances that were decisive for the pricing, even for deliveries that have not yet been carried out. Quotations are subject to change; we are not bound by them until we have confirmed them in writing. Prices are exclusive of VAT, freight, postage and packaging, unless otherwise agreed. We reserve the right to set a minimum invoice amount and to charge a proportion of the order costs and to cancel discounts for small invoices.

2. forwarding, postage, packaging. Delivery is usually made from our warehouse, whereby the freight costs are openly charged in the invoice. Forwarding will be carried out according to your instructions, otherwise by the most favourable and fastest route for you. Packaging is not included in the prices.

3. benefit and risk. shall pass to the customer upon dispatch of the goods. In the case of carriage paid deliveries, the transfer of benefit and risk shall take place upon delivery of the goods to the customer.

4. products in special designs. For manufacturing reasons, we reserve the right to deliver up to 10% more or less than the quantity ordered. For orders that are not based on list or offer prices, the customer expressly recognises the prices according to the result. Manufactured moulds and tools remain our property.

5 Scope of the delivery obligation. The indication of the expected delivery period is non-binding; we shall do our best to ensure that it is adhered to. In the event of force majeure or other circumstances for which we are not responsible, we reject any claim for compensation for non-delivery or delayed delivery. Force majeure includes, in particular, the complete or partial shutdown of our supply plants, mobilisation, war, strike, fire, the entry into force of import bans and quotas or a significant increase in import duties. The delivery deadlines and dates shall be deemed to have been met if the delivery item has been handed over to the forwarding agent/carrier by the time they expire.

6 Payments. Invoices are payable net within 30 days, unless expressly agreed otherwise. After expiry of the 30 days, our company shall be entitled to set the customer a deadline for payment and to charge interest on arrears and expenses from the expiry of the deadline. Art. 107 OR remains reserved. The material supplied by us shall remain our property until the agreed purchase price has been received in full, even if no special reservation of title has been stipulated in the purchase contract. Non-compliance with the terms of payment shall entitle the seller to suspend further deliveries, without prejudice to his other rights. Furthermore, if there is a justified assumption that the buyer will not fulfil a substantial part of his obligations, the seller may demand advance payments from the buyer for further orders.

7 Warranty, quality inspection. We only guarantee the quality of our goods to the extent that we will make good any manufacturing or material defects occurring within the contractually agreed period by repairing or replacing the goods at our discretion. We reject claims for damages, cancellation of the purchase or reduction of the purchase price. Complaints must be made immediately after receipt of the goods, but within 8 days at the latest. In the case of hidden defects, notification of defects must be made immediately after discovery of the defects. We accept no liability for damage to goods in transit. Such damage must be claimed directly from the delivering carrier. The warranty period is one year from delivery of the goods.

8 Warranty. Due to the wide range of possible applications, which we cannot control, we cannot guarantee the service life of our products. We accept no responsibility for personal injury or damage to property caused by faults or defects in our products or which are directly or indirectly attributable to the use of our goods.

9 Copyright, patent and trademark rights. Patent and trade mark rights as well as know-how and practical experience, as expressed in drawings and projects, remain our property. These may not be reproduced, used or passed on to third parties without our express authorisation.

10. place of jurisdiction. For all disputes arising from the contractual relationships between our customers and our company, it is tacitly agreed that the courts to which the supplier is subject with its registered office in Baselland shall have local and subject-matter jurisdiction for their judgement

11 Amendments and supplements. Amendments and supplements to the General Terms and Conditions require our written confirmation in order to be valid.

12 Scope of application. Our General Terms and Conditions are binding for the present as well as for future transactions (including verbal agreements); we reserve the right to amend or revoke them.

Status 01/15