| General terms of sale and delivery |
1. Offer
Offers without a specified period of acceptance are without obligation. The seller reserves the right to sell goods in the meantime.
2. Conclusion of a contract
The contract of delivery applies as concluded, when the seller confirms the order in writing, respectively does not reject it expressly within 10 days of date of order.
3. Prices
The seller's prices apply for ex-works deliveries and are in Switzerland and abroad the recommended selling prices. Invoices with a total amount under CHF 100.- are net. The seller reserves the right to change prices during the year.
4. Payment
The buyer is obliged to make all payments directly to the company Bärtschi-FOBRO AG in Hüswil (Switzerland). All payment condition for export business are payment in advance unless some other written agreement is made.
FOR business concluded in the USA and Canada all payments are in advance in US$ to our company Bartschi-FOBRO, LLC. in Grand Haven USA.
5. Shipment/Packing
All shipping and packing are at buyers coast.
6. Delivery dates
We do our best to meet confirmed delivery dates. However, we cannot be held responsible if delivery dates should be exceeded.
7. Complaints
Complaints shall be lodged in writing within 10 days of date of delivery, otherwise the delivered goods apply as accepted by the buyers. Buyer's counterclaims do not entitle the buyer to withhold payments.
8. Reservation of title
Title to the delivered goods remains with the seller until payment in full has been effected. The seller is authorized to take back the delivered goods in case of insolvency of the buyer. Any costs that arise from use of the goods or from other value reducing circumstances as well as rental charges are borne by the buyer.
9. Warranty
The seller issues for its products the following warranty: the warranty period is one year from date of delivery. The warrenty covers free replacement or repair of parts which become defective as a result of provable material or fabrication faults. The buyer must justify the defects to the seller's satifaction. Desassembly, reassembly and shipping costs are borne by the buyer. Wearing parts and normal abuse are excluded from warranty claims.
Conditions of warranty:
a) the buyer must notify the seller of any defect immediately. The seller is not responsible for damages caused through lack of notification of a possible defect.
b) the buyer must operate and maintain the bought products according to the manufacturer's operating instructions. The seller is not liable for damages resulting from improper operation of the machines, or from modifications or use of non-original replacement parts. The seller may demand return of damaged parts. Under no circumstances may the buyer hold back against any possible warranty claims, any payments that are due, or to deduct such claims from the purchase price.
10. Special terms
The seller reserves the right to give the buyer special terms in writing. These terms of sale and delivery cannot be overruled by orderer's purchase terms to the contrary, unless previously agreed on in writing.
11. Place of performance and jurisdiction
For both parties: the place of performance and jurisdiction is the one of the seller.
Bärtschi-FOBRO AG, Hüswil, May 2005 |