GENERAL CONDITIONS OF SALE AND DELIVERY
1. General liability
Only these conditions of sale are relevant, also in the event that the customer should explicitly stipulate anything to the contrary or desires the application of its own General Conditions. Any deviations here from require the explicit written confirmation of Statech prior to the performance of the delivery.
All prices stated in the price list or in the catalogue are net prices ex works Eschenbach SG, Switzerland, without VAT, packaging and insurance costs. Minimum value per order is CHF 50.00.
3.Transports / Transport insurance
If no shipment instructions have been provided, the goods will be delivered by a contracted carrier of Statech. If particular shipment instructions have been provided by the customer, Statech shall be entitled to charge an administrative fee for the additional expense. The taking out of transport insurance is always at the discretion of the customer itself.
The method and term of payment are indicated on the contract documents. Should the customer not comply with the term of payment or cease payment, all claims will become due immediately. The customer shall not be entitled to withhold payment or to set-off any payment against counter-demands, not even on the grounds of complaints or counterclaims.
5. Offer and placement of orders
All offers are non-binding. Catalogue details and illustrations are also non-binding. Prices, conditions of payment as well as technical details are only binding upon Their written confirmation by Statech. The confirmed order is irrevocable.
6. Terms of delivery
To the greatest extent possible, the stipulated terms of delivery are to be complied with. However, these times of delivery are solely estimated. They are to be reasonably extended in the event of proven delays in production resulting through no fault of Statech as well as for cases of force majeure. Any delay in delivery resulting therefrom does not constitute any right to claim for damages and cancellation of the order.
Any complaints with respect to the delivered goods shall be made within 14 days upon receipt of the goods. Any defects with respect to the quality of the delivered products occurring at a later point in time but still within the period of warranty shall be notified immediately upon identification of the event of damage. In all cases, the notification of complaint shall be made in writing. A notification of complaint does not constitute an entitlement to withhold or reduce any invoice amounts. Transport damage shall be notified immediately in writing upon receipt of the goods and confirmed by the freight forwarder. Any complaints made at a later point in time can no longer be considered.
8. Warranty and liability
With respect to those products which are not manufactured by Statech, Statech shall be liable within the framework of the conditions of the relevant manufacturer. Moreover, Statech assumes warranty for defects occurring within one year after delivery, provided that these defects are due to defective materials or defective manufacture. The warranty is limited to the repair, full replacement of the product or reimbursement of the invoice amount to be decided at the discretion of Statech. In the case of manufacturing according to the customer’s specifications, the customer shall bear full responsibility that no intellectual property rights or other third party rights are violated.
9. Place of performance, place of jurisdiction, applicable law
The place of performance and place of jurisdiction for all obligations resulting from this agreement shall be CH-8733 Eschenbach SG.
This contractual relationship is governed by Swiss law.