1. For all our deliveries and achievements as well as for all contracts concluded with us the following terms of sale and terms of delivery are decisive exclusive. Conflicting or from our terms of sale and terms of delivery the divergent conditions of the buyer which we do not recognise expressly in writing have no validity for us, even if we do not contradict them expressly. Orders become first by the order confirmation of us obliging. Changes and supplements as well as verbal and telephone agreements are to be agreed for proof purposes in writing. All offers are not-binding, as far as they are not called festival offers.
2. These conditions are valid with constant business relations also for future shops by which expressly on them reference is not made, provided that they have shut to the customer with a former order confirmed by us.
3. Should single regulations be ineffective or become, the remaining conditions are not touched from this.
Time of delivery
The delivery time given by the seller will be met to the best of our ability but is not binding. Damage due to force majeure entitles us to postpone the delivery for the duration of the hindrance and a reasonable start-up time. Force majeure shall include strikes, lockouts, war, riots, operational disruptions, shortages of raw materials, epidemics, etc. which make it impossible for us or one of our producers/suppliers to deliver on time despite reasonable efforts. Any claims for compensation in the event of delay are expressly rejected.
The prices in EUR/USD plus any inflation surcharge, are for deliveries to the European Union or the agreed foreign countries. EXW Thun, unpacked, CH-custom declaration, without VAT.
Shipping an forwarding
Parcels up to 30 kg are sent by DPD (abroad) whenever possible. General cargo over 30 kg is shipped by forwarding agent EXW Thun. Shipping is not insured and is at the risk of the recipient. In the absence of special shipping instructions, the choice of shipping company is left to us, to the exclusion of any liability. Shipping costs will be calculated according to expenditure and charged to the recipient. We accept no liability for damaged or lost deliveries.
The account VTA occurs directly from the forwarding agent to the customer. This may include additional processing fees over which we have no control.
Transfer of benefit and
Benefit and risk shall pass to the client upon dispatch of the delivery ex 3600 Thun, even if the even if the delivery is made free of charge.
Terms of payment
Payments are to be made in the agreed currency (CHF/EUR/USD) exclusively to us within 20 days of the invoice date (expiry date) without deduction (or as agreed) to a bank account designated by us. In case of late payment, an interest rate of 8% is agreed upon, which is owed without a separate notice of default.
We guarantee accurate, solid andefficient execution of our products. We provide free replacement for demonstrably defective pieces with material or manufacturing defects. Defects must be reported to us within 8 days of the date of the delivery note. We do not assume any liability for damages caused by natural wear and tear, incorrect handling, or excessive use of the products. Further claims for any consequential damages will not be accepted.
Retention of title
The delivered goods remain the property of the company ST - SCHWERI Thun, until full payment.
Place of jurisdiction: CH-3600 Thun
The present terms and conditions of sale and delivery are governed by Swiss law.