Terms and con­di­ti­ons

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.

3. Deli­ve­ries
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.

7. War­ran­ty
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.

9. Lia­bi­li­ty
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. All pro­duct data and tech­ni­cal data are given without gua­ran­tee, tech­ni­cal chan­ges are reser­ved.

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.

11. Returns
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.

13. Export
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.

15. Off­set
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.