1. General
The buyer acknowledges that our General Sales and Delivery Terms
in their version as valid from time to time shall be the basis for all
present and future contracts of the buyer with AutoBrill GmbH, Grenchen
(seller). Deviations from these General Sales and Delivery Terms - in
particular application of the purchasing terms of the buyer - require
our explicit written confirmation.
2. Contract
Offers made by us are not binding. The price information and
technical specifications in our price lists and brochures are not
binding provided nothing to the contrary has been agreed upon in
writing. An order is deemed accepted only when confirmed by us in
writing. If the buyer requests short-term delivery without our written
confirmation and we agree therewith, the buyer agrees that the
invoice, including the present General Sales and Delivery Terms,
shall form the basis of the contract.
3. Prices
All transactions shall be based on the freight, insurance, customs
and tax rates valid at the time of the respective orders. Changes in
these rates shall be charged / credited to the buyer's account.
4. Terms of Payment
Payment shall be made within 30 days from the date of the invoice
provided nothing to the contrary has been agreed upon. After
expiration of the payment period, the buyer is in default without
additional reminder and interest is due (3% over the 3 month LIBOR
rate corresponding to the respective payment currency). The buyer is
not entitled to offset such claims against alleged or proven
counterclaims.
5. Delivery / Delivery Period
Provided there are no explicit agreements to the contrary, partial
shipments or partial deliveries are permitted. Each partial delivery or
partial shipment shall be deemed to be a separate contract.
Discrepancies in quantities of up to 10%, calculated on the basis of
the entire quantity and not the individual partial quantities to be
delivered, shall be permissible. For as long as the buyer is in arrears
with a payment or its solvency is at risk, we are entitled to hold back
further deliveries. Our additional claims shall remain unaffected
thereby. Delivery terms or other information given on price lists, in
brochures or orally shall not be binding. The sales confirmation alone
shall be applicable. We agree to notify the buyer immediately in the
case of a delay in contractually determined delivery terms (which are
not to be deemed fixed deadlines unless so agreed upon in writing).
In such a case, the buyer shall fix a reasonable extension of the time
for delivery. In the case of a delay due to the fault of the seller, claims
for damages shall be limited to 10% of the invoice value. Art. 11,
below, remains reserved.
6. Reservation of Ownership
Until receipt of the entire payment, the goods shall remain our
property. The buyer authorizes us herewith to record the property
rights when necessary to protect ownership.
7. Packing Material
We do not take back packing and transport material unless a legal
duty to do so exists. The buyer agrees to dispose of the packing
material at its own expense.
8. Warranty
All information concerning suitability, processing and utilization of the
products sold, technical consultation and other information is
provided to the best of our knowledge and does not however release
the buyer from the responsibility to make its own examinations and
tests. Only that information expressly designated and confirmed as
such in our sales confirmation shall be deemed guaranteed. The
warranty period is 6 months from delivery. The buyer shall examine
the delivered goods for defects in quality or functionality as soon as
feasible in the usual course of business, at the latest however before
processing; otherwise, the product is regarded as approved. In any
case, claims are only allowed if they are made in writing and
supported by proof within eight days following receipt of the goods –
in the case of hidden defects, immediately after their discovery, at the
latest however six months following receipt of the goods. After
notification of the defects, we are entitled to examine the goods
ourselves. Up to that time, the buyer shall provide access and proper
storage. Our warranty is limited at our discretion to replacement,
repair, cancellation of the contract or reduction of the price. Rejected
goods may only be returned with our explicit consent. Additional
guarantees and liabilities are excluded to the extent permissible by
law, in particular for indirect and consequential losses such as lost
profits, unrealized savings or third-party claims and, in particular, also
for losses caused by our officers, employees or auxiliary persons
utilized.
9. Force Majeure / Contract Interruptions
Interruptions of operations of the parties or of third parties, delays in
delivery, failures of suppliers to deliver, lack of raw material or
energy, interruptions in traffic, to the extent that such events were not
foreseeable, as well as war, riots, strikes, lockouts, official orders and
other cases of force majeure shall release the affected party from its
obligations, in particular, the obligation to deliver or accept, as long
as the interruption lasts and to the extent that it affects the party. If
the delivery or its acceptance is thereby delayed by more than one
month, buyer and seller shall agree on how to proceed. If no
agreement is reached, then at the earliest after another month,
appeal may be made to the competent court pursuant to Art. 11,
below, which shall then decide.
10. Import Restrictions, etc.
The buyer shall obtain import or operating permits at its own expense
and risk, provided nothing to the contrary has been explicitly agreed
upon in writing. The buyer shall be liable for import restrictions and
official regulations of a similar nature becoming effective after
execution of the contract.
11. Applicable Law, Jurisdiction, Collection Proceedings
Swiss law shall be applicable, to the exclusion of the Convention of
the United Nations on Contracts regarding International Sales of
Goods dated April 11th, 1980 (“Vienna Sales Law”). The place of
performance for all obligations shall be our principal place of
business in Grenchen, provided that nothing to the contrary has been
agreed upon expressly in writing. For buyers domiciled abroad, our
principal place of business in Grenchen shall be the recognized place for
debt collection proceedings. The courts at our principal place of
business in Grenchen shall always have jurisdiction over disputes arising
out of and in connection with this contract, provided that the parties
have not expressly and in writing agreed to arbitration. We reserve
the right to initiate debt collection or other proceedings against the
buyer in any other place provided by law.
Release October 2006
Imprint:
AutoBrill GmbH
Hofweg 11
CH-2540 Grenchen
SWITZERLAND
Phone: +41 32 652 47 78
Fax: +41 32 653 83 84
E-Mail:
Copyright:
All rights reserved, especially the right to reproduction, the right to distribution and right to translation. No part of this website may be reproduced, and/or processed and distributed by using electronic systems and other means in any form without the written consent of AutoBrill GmbH and the authors. This explicitly applies also for all pictures and videos on this website.
VAT number: 654936
Company number: CH-241.4.004.477-6