Terms of Sale, Delivery and Payment
Offers:
Our offers shall be subject to confirmation and non-binding until definitively confirmed.
Prices:
The prices quoted in our offers and price lists shall be subject to confirmation and non-binding. They may be changed or cancelled by us at any time without prior notice. Our prices shall be quoted net EXW Staad in accordance with lNCOTERMS 2020.
Quantity variances:
We shall reserve the right to effect excess or short delivery of up to 10 % of the ordered quantity.
Payment:
Our invoices shall be payable net within 30 days of the invoice date. If the payment period is exceeded, default interest amounting to the customary bank interest rate shall be charged. Non-compliance with our terms of payment shall release us from any obligation to deliver, but not discharge the buyer or customer from its duty to take delivery.
Reservation of title:
The goods delivered shall remain our property until full payment has been received. If the goods are sold, the buyer shall assign any resulting claims to us in advance. In this case, it shall be obliged to name the buyer to us upon corresponding request.
Delivery periods:
The delivery periods we state shall be non-binding, but nevertheless observed as far as possible. Should the period be exceeded, the customer shall not be entitled to withdraw from the purchase agreement or assert claims for damages if we undertake to deliver within a reasonable period of grace. Framework delivery agreements with call orders must in any case be accepted within the period applicable for the entire agreement. If part deliveries are not accepted within the agreed period, we shall be entitled to bill the delivery due and demand its acceptance within 14 days.
Packaging:
Our prices shall not include packaging. Packaging shall not be taken back.
Shipping:
The goods shall be shipped ex works by the most inexpensive means and the shipping charges billed. Shipment shall in any case take place at the customer's expense and risk. The goods shall not be covered by transport insurance.
Complaints:
The buyer must inspect the delivered goods with regard to their quantity and quality on receipt. Any defects must be notified in writing within 10 days. Goods may only be returned with our consent.
Exceptional circumstances:
Cases of force majeure shall entitle us to withdraw from our duty to deliver either completely or partially, without the customer being able to derive any claims for damages from this.
Contract language:
The contract language shall be German or English. If the English translation of these Terms of Sale, Delivery and Payment should deviate from the German version, the German version shall take precedence.
Place of performance: The place of performance for the customer or buyer and the supplier shall in all cases be Staad, (municipality of Thal SG).
Place of jurisdiction/applicable law: The customer or buyer shall waive the place of jurisdiction at its ordinary place of residence or business and shall be subject to the place of jurisdiction of the municipality of Thal SG for all disputes arising from this Agreement. This Agreement shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods dated April 11, 1980. Any legal proceedings shall be conducted in German.
Staad, January 2020 Dipl. Ing. Werner Graf AG