Status: November 2022
These General Terms and Conditions are an integral part of our offers and order confirmations and apply to all our business relationships such as contracts, deliveries and other services, including consultancy services. Deviations from our General Terms and Conditions, supplementary agreements and ancillary agreements shall only be binding on us if they have been expressly confirmed by us in writing. The remaining terms and conditions shall remain unaffected. Terms and conditions of purchase or other terms and conditions of the customer shall only be binding on us if we expressly recognise them in writing.
Our offers are subject to change and non-binding. We reserve the right to make changes in design, material and price at any time. Any cost estimates, drawings, software and other documents that we make available to the customer remain our property. They are deemed to be personally entrusted to the customer. Our rights, including copyrights, remain in full force and effect. The documents provided may not be made accessible to third parties, either in full or in part. The documents must be returned to us immediately upon first request.
The delivery contract shall only be deemed to have been concluded upon our written order confirmation.
Our services are provided exclusively in accordance with the scope of delivery specified in our order confirmation. Additional services and all subsequent changes, if accepted by us, will be invoiced separately.
Unless otherwise agreed in writing, our prices are net, ex works, unpacked, in Swiss francs and exclusive of VAT. All shipping charges, transport costs, fees, duties, customs duties and other taxes shall be borne by the buyer and, where applicable, shall be based on the rates valid on the day of delivery. Our offer prices are binding if the order is placed within the validity period of our offer.
Unless otherwise agreed in writing, payments are to be made within 30 days of invoicing, net without deductions or retentions etc.. We reserve the right to charge default interest of 5% per annum on late payments. For further deliveries, we may demand the prior settlement of outstanding amounts as well as advance payments or secured payments. If orders require the commitment of substantial funds, we shall be entitled to demand advance payments to cover our expenses. The amount of the advance payments and their due date shall be specified in our order confirmation. For reminder costs incurred after default has occurred, we charge a flat rate of CHF 20 per reminder from the 2nd reminder onwards. Further claims remain unaffected by this.
The delivery period shall be determined by us at our best judgement and shall commence on the date of the order confirmation, provided that all technical details have been clarified and any agreed advance payment has been received. The delivery deadline shall be deemed to have been met if the notification of readiness for dispatch has been sent to the customer by the time it expires. Measures in the context of labour disputes, acts of war, shortages of raw materials, damage to tools, pandemics, etc., which delay, make impossible, disproportionately complicate or increase the cost of delivery, shall extend the delivery period appropriately or release us from our delivery obligations. Failure to meet a delivery deadline shall not entitle the customer to withdraw from the contract or to assert claims for damages of any kind. In the event that one of our suppliers fails to deliver the ordered goods despite a contractual obligation and this leads to an impediment to performance that is not merely temporary, we shall be entitled to withdraw from the contract. In the event of our cancellation, we will inform you immediately of the non-availability and reimburse any payments already made.
The transfer of risk to the buyer takes place when the goods are made available for loading or collection. If dispatch is delayed through no fault of our own, the goods shall be stored at our premises at the expense and risk of the buyer. The goods shall be transported in accordance with the buyer’s instructions and at the buyer’s expense. Insurance against damage of any kind is the responsibility of the buyer. Transport damage must be reported to the respective carrier in accordance with the statutory provisions.
The buyer must notify us in writing of any defects within 7 working days of receipt of the delivery or service, otherwise the delivery or service shall be deemed to have been approved. Machines must be put into operation for inspection. The defect must be documented and proven accordingly. Subsequent complaints will not be accepted.
We reserve title to the goods until all payments have been received. In addition, we reserve the right to demand advance payments or securities or to withdraw from the contract if circumstances arise or become known to us which appear to jeopardise our claims. If the goods subject to retention of title are combined with other items not belonging to us in such a way that they become the main component of a new item, we shall be regarded as the manufacturer of the new item in relation to the customer and shall acquire ownership of the entire item. In other cases of reasonably irreversible material combinations, we shall acquire co-ownership of the new item in proportion to the value of the component belonging to us. If, in the case of deliveries abroad, certain measures are required in the importing country in order for the aforementioned retention of title or other equivalent security rights to be effective, the customer must inform us of this and arrange for such measures himself and carry them out at his own expense. If the law of the importing country does not permit retention of title and if it is possible to reserve other suitable security rights to the delivery item, our claim to such rights shall be deemed to have been agreed without further ado. Insofar as equivalent security for our claims against the customer is not or cannot be achieved in this way, the customer shall be obliged to provide us with other equivalent security for the delivered goods or other security at his own expense.
We reserve the right to make design changes to our products at any time, but without any obligation to make such changes to previously delivered appliances. The guarantee period is 12 months from the date of delivery for single-shift operation; for multi-shift operation, the guarantee period is reduced proportionally. Defects must be reported to us in writing within the warranty period. Defects in all parts which demonstrably arise within the guarantee period under proper operation and maintenance and normal use as a result of faulty design, poor materials or defective workmanship are covered by the guarantee. Such parts will be replaced, repaired or reimbursed free of charge at our discretion. Replaced parts become our property. Any travelling times, waiting times through no fault of our own, travelling expenses of our service personnel as well as packaging and transport costs for spare parts and replacement deliveries shall be borne by the purchaser. Parts that are subject to natural wear and tear are excluded from the guarantee. Technical defects do not entitle the buyer to postpone due payments. If the buyer is in arrears with his payments, we are released from our guarantee obligation until the payment obligation has been fulfilled. The use of consumables and accessories from other manufacturers on our machines can lead to restrictions in functionality and printing results. The use of products from other manufacturers invalidates our warranty obligation with immediate effect.
Our liability is limited in all cases to direct damage and expires in the event of negligence, incorrect operation, neglect, accidents, tampering by unauthorised persons and changes made by third parties without our written consent. We accept no liability for further claims such as consequential damage, business interruptions, loss of profit, etc.
The place of fulfilment and the place of jurisdiction for all disputes arising directly or indirectly from the legal relationship is CH-Zurich.
The legal relationship is governed exclusively by Swiss law.
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that is as similar as possible in meaning.