“General information. ”
- General information
ECOFIELD GMBH provides its supplies and services in Switzerland on the basis of these General Terms and Conditions of Sale. General terms and conditions of sale of the customer are not applicable, not even if the customer refers to such terms and conditions.Amendments and supplements to these General Terms and Conditions of Sale must be made in writing.
Purchase orders accepted by ECOFIELD GMBH are subject to change. The contract with the customer does not come into existence until the written purchase order confirmation from ECOFIELD GMBH has been received.
The supply of spare parts is subject to the General Sales Terms and Conditions for Spare Parts.
2. Scope of supplies and services
Supplies and services are conclusively listed in the purchase order confirmation and subject to model changes that may occur between the conclusion of the contract and the delivery.
3. Advertising brochures and catalogues
Information in brochures and catalogues is not binding. Information in technical documentation is binding only if expressly guaranteed.
4. Prices
The prices stated in the written purchase order confirmation are fixed prices, delivery prepaid to domicile specialised dealer.
The customer is responsible for the distribution of delivered machines to different floors and apartments.
Surcharges for express shipments will be invoiced separately. For shipments of less than CHF 250.00 ECOFIELD GMBH will invoice a small order surcharge of CHF 15.00, excl. possible surcharges for express shipments.
5. Transport and packaging
Standardised containers and pallets must be replaced upon receipt of the goods or returned delivery prepaid to ECOFIELD GMBH. Otherwise, their cost will be charged to the customer. Non-standardised packaging for customised products cannot be returned and will be charged to the customer at cost.
Packaging materials will be taken back in conjunction with a delivery, provided that they are clean and separated according to materials.
6. Delivery dates
Delivery dates are indicative only. Delivery dates may be postponed accordingly in the event of obstacles that ECOFIELD GMBH is unable to prevent in spite of due care.
Failure to meet delivery times and dates does not constitute the right to claim damages.
7. Payment terms
Invoices of ECOFIELD GMBH are payable no later than by the 60th day after the date of the invoice. ECOFIELD GMBH will grant a 2% discount to the customer for payments within 21 days.
If the customer fails to meet the stipulated payment terms, interest on arrears will be payable from the due date on without further warning.
8. Customised products
Tools and equipment remain the property of ECOFIELD GMBH, even if the costs are borne by the buyer, and will be retained at no charge for a period of 5 years for subsequent purchase orders. If no further purchase orders are placed during this period, the tools will be disposed of after consultation.
Unless otherwise mutually agreed, quantities are expressly subject to minor deviations (overage or underage).
If ECOFIELD GMBH is required to supply items according to drawings, models or samples provided by the customer, the customer is responsible for ensuring that no third-party industrial property rights are violated by this and therefore for all damages that ECOFIELD GMBH could incur as a result of violation of third-party rights.
All oral, telephone or telegraphic agreements require a confirmation in writing to be valid.
9. Retention of title
ECOFIELD GMBH retains ownership of the goods it supplies (especially consignment goods) until paid in full. The customer authorises ECOFIELD GMBH to enter the ownership in the official register and fulfil all related formalities.
10. Transfer of benefits and risks
Benefits and risks are transferred to the customer upon the departure of the shipment from the warehouse of ECOFIELD GMBH.
11. Returns
Returns are accepted only upon prior agreement. In the event that previously delivered goods are returned ECOFIELD GMBH reserves the right to deduct at least 10% of the value of the goods, depending upon their condition.
Machines sold more than a year prior will be credited only if unused and at a price to be determined by ECOFIELD GmbH.
The cost of the return transport will be borne by the customer.
12. Inspection and acceptance
The customer must inspect supplies and services provided by ECOFIELD GMBH within 5 business days and promptly notify ECOFIELD GMBH of any defects in writing. Otherwise, supplies and services are deemed to be accepted, subject to any hidden defects.
13. Warranty
The warranty period is 24 months. It begins upon the installation of the machine at the end user’s location, but no later than one year after delivery of the machine.
If inspected in due time and upon prompt notification ECOFIELD GMBH is obligated only to subsequent rectification of defects within a reasonable time period, excluding the right of rescission of sale and reduction of purchase price and with the waiver of the customer to claim additional damages.
For replaced or repaired parts, the warranty period begins to run again for 12 months as of the replacement or the completion of repair.
If the machine to be repaired is located at a place which is not accessible by the service vehicles of ECOFIELD GMBH, the warranty is limited to the extent that additional travel expenses, such as transports by mountain railway or helicopter are invoiced separately.
Excluded from the warranty and liability of ECOFIELD GMBH are damages which were not caused by inferior materials or defective workmanship, e.g. due to normal wear and tear (wearing parts), improper installation, faulty maintenance, failure to comply with the operating instructions or operating requirements, intervention by unauthorised parties, use of spare parts other than original spare parts from ECOFIELD GMBH, as well as force majeure or other reasons for which ECOFIELD GMBH is not responsible.
14. Product safety laws and traceability
If over the course of the product lifetime of the delivered goods an actual or potential risk to personal safety or a health hazard should arise which is caused by a product defect, the customer is obligated to effectively cooperate with ECOFIELD GMBH to remove such risk or hazard. According to the Swiss Product Safety Act (PrSG) in effect, customers are obligated, in particular, to ensure full traceability of delivered goods. ECOFIELD GMBH has the right to inspect the customer’s compliance by suitable means and upon written advance notice.
15. Exclusion of additional liability
With respect to defective supplies and services, the customer only has the rights expressly specified in section 13.
Any additional claims of the customer, especially claims for damages, reduction of purchase price or rescission of contract, which are not expressly specified, are excluded. The customer is not entitled, in any case, to claim damages which have not occurred on the delivered item itself, such as loss of production, loss of orders, lost profits, and other direct or indirect damages. This is subject to the mandatory provisions of the Swiss Product Liability Act.
16. Trademark rights
ECOFIELD GMBH has the exclusive rights to all trademarks, logos, photos, and texts in connection with products of ECOFIELD GMBH in brochures, flyers as well as in tradeshow, promotional and POS materials and in brochures, flyers and similar documents.
The provision of such materials is subject to the condition that the dealer acknowledges these rights.
17. Change of these General Terms and Conditions of Sale
ECOFIELD GMBH reserves the right to amend these General Terms and Conditions of Sale without notice.
18. Jurisdiction and applicable law
The contractual relationship is governed by the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and amendments thereto.
The courts have jurisdiction for both parties. ECOFIELD GMBH may also bring action before the competent courts of the customer’s place of business/residence. Consumer contracts are subject to the mandatory legal venues.
Oberengstringen, 2012
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