1. Prices on the Swiss Marketplace
Prices are stated in Swiss Francs (CHF) Ex Works (EXW) at Muttenz, value added tax (VAT) not included. Prices valid on the day the order was received will be applied; however, a surcharge for metals used may be applied.
2. Packaging and Transportation Costs
Delivery of all articles will be made via postal service, package delivery services, truck, air freight or sea freight respectively, depending on weight and volume, at the recipient’s cost and risk. Additional costs for rapid delivery or for unusual packaging are the responsibility of the recipient. Pallets, boxes, containers, and cable reels will be charged at cost. We do not accept the return of special crates, one-way pallets or cartons. Items broken, damaged, and/or lost during transport will not be replaced. Any damages that may occur should be reported to the applicable transport company without delay.
Changes in products that deviate from standard products based on special drawings as well as changes in drawings will be charged in accordance with costs incurred. This also applies to additional design costs. Additional work (such as modifications, special parts, cuts, cutaways, notches, etc.) not listed in the offer will be charged separately in accordance with costs incurred. Additional costs will be charged for supplementary individual orders of special products or products requiring subsequent rework. Tools required for special products will be charged in accordance with previously announced prices. Such tools remain our property. We reserve the right, in the event we do not receive an order, to charge for the cost of product development and the manufacture of special prototypes. We reserve the right to deviate from specifications caused by raw material or production requirements within allowed tolerances. Such deviations do not require us to accept the return of the product.
4. Billing and Payment Conditions on the Swiss Marketplace
A minimum charge of CHF 100.00 (excluding supplements) will be made for orders for products priced at less than CHF 100.00. Orders for goods priced under CHF 100.00 will be invoiced at the applicable net list prices. Invoices are payable within 10 days of the invoice date at a 2% discount or within 30 days at net value. Delivery delays and quality issues are not accepted as reason for a payment delay nor as reason for a payment deduction. A processing fee will be added in the event of late payment. Deliveries to customers with whom we are not familiar or to customers who have not met previous payment obligations will be made for cash on delivery or payment in advance. We reserve the right to provide payment history to an information pool.
5. Execution of Orders
Customer cancellation or suspension of orders requires our express written approval and such cancellation must occur within seven days after receipt of our approval. In the event an order is cancelled, we will charge for all costs incurred. Goods ordered on call must be accepted within the specified time period. We reserve the right, when delivering special goods that were specially manufactured, to deliver a quantity of up to 10% more or less than the quantity ordered.
6. Delivery Deadlines and Delivery Dates
Delivery deadlines and dates we provide are non-binding unless we expressly state, in writing, that they are binding. We will meet delivery deadlines and dates we provide insofar as is possible. The following relieves us of any obligation to meet delivery deadlines that we have assured to our customers: disruptions in our enterprise operations, materials shortages, governmental regulations, mobilization,and other cases of force majeure. The time period until delivery becomes due does not start until we are in possession of the customer’s technical, construction, and commercial statements concerning the order to be executed, change orders, etc. All claims by the customer with regard to late delivery are excluded.
We warrant products we deliver against faulty materials or manufacturing assuming we recognizethe fault as such and we will replace such products at no cost for a period of 18 months after installation but for no more than 24 months after delivery. Such products, and the applicable delivery invoice, must be sent to us. This guarantee is void if the products have handled inexpertly. If circumstances do not allow corrections to be made at our plant, the guarantee is limited to the cost-free replacement of the applicable device. We will not assume the cost of subsequent rectifications by a third party.
8. System Guarantee
Woertz AG assumes system guarantees only for products it has manufactured such as flat cables, flat cable boxes and round cables with connectors.
Customer claims other than those expressly cited in these delivery conditions, no matter what their legal basis, and especially all not expressly cited claims for damages, mitigation, revocation of a contract, or withdrawal from a contract, are excluded. We assume liability only to the extent prescribed by law.
10. Retention of Ownership
All items we deliver remain our property until such time as all invoices receivable regarding these items have been paid. We reserve the right to register our retention of ownership in official registers in accordance with laws applicable in the country concerned. The customer is responsible for the costs of such registration.
Every return requires our prior approval and must be made within 12 months of delivery. The return is to be accompanied by the delivery invoice. In the case of returns of standard materials not due to an erroneous delivery on our part, a refund will only be made for goods whose value is in excess of CHF 100.00 and we will charge at least 25% of the value of the goods to cover our costs. Returns can be only be accepted in the original packaging and accompanied by the delivery note. Special versions of any kind, as well as cables of lengths under 100 m. are not taken back.
12. Customer Claims
Claims concerning the number of items delivered, the weight etc. can only be taken into consideration within 7 days of delivery. Delivery is considered to have been accepted in the event of any late claim.
Prices are stated in CHF and EXW at Muttenz, VAT not included. Taxes will be calculated according to legal regulations at the applicable rate. A minimum invoice amount of EUR 500.00/CHF500.00 or USD 500.00 applies to exports. Deliveries will be made upon advance payment or as jointly agreed. Exports may be subject to governmental approval depending on the type of good or its intended use.
14. Proprietary Rights
Our products are broadly protected by patents both domestically and in foreign countries. Violation of these intellectual property rights will result in legal action.
Offset byacustomer is only possible if a claim has been adjudicated by a binding legal order or if we have accepted it in writing.
16. Place of Fulfillment and Jurisdiction
Place of fulfillment for all contractual obligations is Muttenz and the place of jurisdiction is, in all cases, Arlesheim, Switzerland. We also have the right to sue the customer in any court having jurisdiction by law.
17. Choice of Law
All contracts between the customer and us are subject to Swiss law and exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG).
18. Severability Clause
Should a provision of a contract between the customer and us not be effective, the effect of the remaining provisions remains unaffected. The parties obligate themselves to replace the ineffective provision with an effective provision that most closely approximates the ineffective provision.