General Terms and Conditions of Sale and Delivery begreen International GmbH
1. General Provisions
1.1 These terms and conditions of sale and delivery shall apply to all present and future business relations, offers, deliveries and services. We do not recognise any deviating terms and conditions of the Buyer which are communicated to us in writing or otherwise, unless we have expressly agreed to them in writing.
1.2 Amendments, supplements or deviations from these terms and conditions, including the waiver of the written form requirement, shall require our express written confirmation.
1.3 Should any provision of these Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the remaining provisions.
2. Quotations and conclusion of contract
2.1. Please note that our offers are non-binding and subject to change. A contract is only concluded upon our written order confirmation or by the execution of the delivery.
3. Prices and terms of payment
3.1 All prices quoted are subject to the applicable statutory value-added tax. Unless otherwise agreed, the agreed terms of payment shall apply from the date of invoice. It is imperative that payment is received in our account by the due date.
3.2 If the Buyer is in default of payment, we shall be entitled to charge interest on arrears at the rate of 8% per annum. Further claims remain unaffected.
3.3 Payments made by the Buyer shall first be applied to the oldest outstanding claim, unless the Buyer expressly instructs otherwise.
3.4 The Buyer shall only be entitled to offset undisputed or legally established counterclaims.
4. Reservation of title
4.1 The goods shall remain our property until all claims arising from the business relationship have been paid in full.
5. Delivery
5.1 Delivery shall be made in the agreed standard packaging. We do not take back packaging provided free of charge.
5.2 Partial deliveries are permitted if they are reasonable for the buyer.
5.3 Delivery dates are subject to timely self-supply.
5.4 Events of force majeure, interruption of operations, strikes or other unforeseen circumstances beyond our control shall entitle us to extend the delivery period or to withdraw from the contract.
5.5 Upon delivery of the goods to the first carrier, all risks, including loss of or damage to the goods, shall pass to the Buyer.
6. Complaints and warranty
6.1 Obvious defects must be reported in writing within 8 days of receipt of the goods. Hidden defects must be notified in writing within 8 days of their discovery.
6.2 Our warranty covers either the rectification of defects or the replacement of the defective goods. Further claims are excluded, except in cases of intent or gross negligence on our part.
6.3 Warranty claims are subject to a limitation period of one year from the date of delivery of the goods, except in the case of wilful misrepresentation or fraudulent misrepresentation.
7. Liability
7.1 We shall be liable for damages only in the event of intent, gross negligence or breach of fundamental contractual obligations.
7.2 Liability for indirect damage, loss of profit or other consequential damage is excluded unless otherwise provided by law.
8. Place of performance, jurisdiction and applicable law
8.1 The place of performance for all obligations arising from the contractual relationship is our registered office.
8.2 The place of jurisdiction for any disputes shall be Winterthur. Alternatively, we may sue the Buyer at his general place of jurisdiction.
8.3 Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9. Data protection
9.1 We process personal data in accordance with applicable data protection laws. Please see our Privacy Policy for details.