General Terms and Conditions
1. Scope of application
The following terms and conditions apply to all deliveries and services from InduPart AG unless agreed otherwise in writing.
If the customer's terms and conditions deviate from the present terms and conditions, the terms and conditions of InduPart AG (hereinafter “InduPart“) shall apply exclusively.
Price lists, catalogues and brochures contain non-binding price information. Unless agreed otherwise, written offers from InduPart are binding for a period of 30 days.
The acceptance of offers/placing of orders can be done in text form (by electronic communication/by post).
All the information in our catalogues is provided without guarantee. We are not liable for inadvertently incorrect product descriptions or prices. In particular, product features and technical specifications may change at any time without prior notice.
Prices are net prices, without shipping and packaging costs and without value added tax.
4. Supplement for increases in the price of brass
A supplement may be charged on the current prices as a function of the market situation for the price of brass. The level of the supplement will be determined on a monthly or quarterly basis and published on our website.
5. Payments and payment deadlines
Payments shall be made net, without deductions, and in the agreed currency within 30 days of the invoice date.
Once this period has expired, the customer will be in default of payment without a further reminder and will owe default interest of 5%. InduPart expressly reserves the right to claim further damages.
Expressly agreed payment conditions are reserved.
6. Delivery deadlines
The delivery deadlines mentioned in the order confirmation are fundamentally non-binding, unless agreed otherwise. InduPart makes every effort to observe the delivery dates mentioned in the order confirmation.
InduPart will inform the customer without delay of any imminent delays in delivery.
Delivery deadlines can also be extended if the customer does not observe their advance payment obligations.
7. Packaging and transport
The goods will be packed appropriately for shipment.
Unless agreed otherwise with the customer, InduPart will send the goods by post, courier service or lorry as it sees fit.
In the case of a net invoiced amount, excluding VAT, of more than CHF 500, delivery will be made carriage free to addresses in Switzerland.
If the net invoiced amount, excluding VAT, is less than CHF 500, packaging, postage and transport costs will be charged. The costs of express shipments will be borne by the recipient. For deliveries abroad, the delivery costs (in particular packaging, transport and customs clearance) will be borne by the customer.
8. Transfer of benefits and risks
The benefits and risks of the goods pass to the customer when the goods are dispatched. At the customer's express written request and expense, InduPart can take out transport insurance.
The customer must check the delivered goods as rapidly as possible, i.e. within three working days, and notify InduPart in writing, without delay, of any defects that are determined. If the customer fails to submit immediate notification, the goods will be deemed to be approved, unless the defects are such that they could not have been detected in a careful examination. If defects are detected at a later stage, notification must be submitted immediately they are discovered.
InduPart retains the right, should the customer notify it of defects within the time permitted, to repair defective parts, replace them with faultless goods or to credit the customer with the invoiced value of the goods. Other guarantee claims are excluded to the extent permitted by law. Claims under guarantee expire one year after delivery of the goods.
10. Product liability
The customer may only use the goods for their intended purpose and must make sure that the goods are only passed on to persons who are familiar with the product processes and risks. The customer is obliged to pass on any warnings issued by the manufacturer or InduPart to third parties.
11. Data protection
Both parties shall observe the relevant provisions of the Swiss Federal Act on Data Protection (FADP) that are applicable to them. InduPart will only process the personal data transmitted by the customer for purposes of executing the contract, and will process it in good faith, proportionately and in accordance with the law. InduPart will, in particular, take adequate technical and organisational measures to protect the customer's personal data from unauthorised access. Further information on the processing of the customer's personal data by InduPart is set out in our Data Protection Declaration.
12. Exclusion of liability
Insofar as legally permitted, the liability of InduPart and also the liability for auxiliary persons is excluded. Under no circumstances shall claims for compensation be accepted for damage that has not occurred directly to the object of the delivery itself, such as production losses, loss of use or restrictions on use, loss of orders or lost profits and other direct or indirect damage.
Claims on InduPart resulting from a contract with InduPart may not be assigned without the latter's prior written consent.
14. Applicable law and jurisdiction
These General Terms and Conditions are subject to Swiss law. The UN Convention on Contracts for the International Sale of Goods is excluded.
The German version of these General Terms and Conditions shall prevail over other language versions and translations in all cases.
Any disputes shall be settled exclusively by the courts of Zurich.
Zurich, May 2019