by Bioswisstec AG
General Terms and Conditions of Trade
The following General Terms and Conditions of Trade automatically constitute an integral part of all quotations and order confirmations and apply to all particulars not otherwise reciprocally specified in writing. To have any validity, specific customer/purchaser’s conditions require our written consent.
- Conclusion of contract
The contract to supply shall count for both parties as being in existence from the time that we confirm acceptance of your purchase order in writing on receipt of same.
- Scope of our obligations
Our performance obligations shall exclusively be as defined in the specification which forms part of our order confirmation. All supplementary performances and all subsequent changes requested by the purchaser, where accepted by ourselves, shall be separately chargeable. The order confirmation/Acknowledgement is accepted 24h after transmission.
Unless otherwise agreed in writing, our prices are quoted uninsured, net ex works in Switzerland, including packaging, payable in freely available Swiss francs or Euro. All expenses associated with dispatch and costs of freight plus any charges or taxes or whatever kind are chargeable to the purchaser and will be based on the tariffs applicable on the day of delivery. Our tender prices are binding provided the order is placed within the offer period quoted in the tender. Prices can be modified anytime because of price adjustments of our supplier or logistic partner.
- Payment conditions
Payments shall be made in accordance with the terms mutually agreed in writing and without retentions. In the event that the purchaser fails to comply with the agreed payment conditions, we shall be entitled to charge 2% a month default interest. Furthermore we may make prior settlement of the outstanding arrears a condition for further supply and insist on advance payment for future deliveries. Reminder fees 2nd reminder CHF 50.- / EUR 40.- and
2% interest per month, beginning after the 2nd reminder.
- Delivery period
We will specify the fulfilment period using our best judgement. Noncompliance with a scheduled deadline shall not entitle the purchaser to cancel the order nor to seek damages or compensation. The delivery period shall commence from the date of order confirmation provided that the process of clarifying details has been completed by that date and the agreed down-payment, where applicable, has been received. Shortages of raw materials, tool breakages, freight difficulties, unrest and similar disruptions which make the order impossible to fulfil or disproportionately impractical or expensive, shall release us from our obligations to supply. Claims for compensation will not be entertained.
- Passing of risk, freight and insurance
Risk shall pass to the purchaser when the goods are handed over to the first carrier. Goods will be shipped in accordance with the purchase’s instructions. The customer shall be responsible for taking insurance against all risks ex works in Switzerland to the end customer.
- Retention of title
Goods supplied by us shall remain our property until payment is received in full.
Bioswisstec is justified to register the retention of title in the public register and the customer gives for this his agreement.
Goods supplied by us shall remain our property until payment is received in full. Bioswisstec is authorized to register the property in a public register
the consent of the customer is an integral part of the agreement.
We warrant for defects which arise on any parts during the guarantee period, subject to proper operation which can be shown to be due to design faults, poor materials or defective workmanship. Such parts will be either replaced free of charge or reimbursed, at our discretion. Supplied products without the original Bioswisstec carton the warranty becomes void. Replaced parts become our property. Defects shall not entitle the purchaser to withhold due payments. In the event that the purchaser falls into arrears with its payments, this shall release us from our functional guarantee obligations until such time as the purchaser fulfils its payment obligations. Where a separate work warranty does not apply the warranty term amounts to one year. This period is not extended by possible repairs, replacement etc. at complained of parts. Without a separate manufacturers warranty, The warranty is valid for one year. Repairs, replacement etc. at complained parts do not extend the guarantee period for the appliance.
All claims under the manufacturer’s guarantee must be submitted to us in writing before the expiry of the guarantee period. No complaints will be entertained unless received within 4 days of the goods arriving at the customer in the case of truck, rail, post, air freight and sea freight. Complaints must be in writing and supported by documentation. All liability in respect of further entitlements, such as production breakdown, consequential losses, lost or reduced profits etc., is excluded. Shipments are ex works origin. Title to the items sold passes to the purchaser upon delivery of the items to the carrier. Bulk orders are shipped via truck or air freight. Shipments weighing less than 100 kg. are packaged in Styrofoam coolers and can be shipped overnight via courier service. Bioswisstec will prepay freight charges and add them to the invoice or the customer can provide an account number. Shipments of frozen or wet ice products are normally shipped Thursday. Any special shipping requirements must be clearly indicated in writing at the time an order is placed, e.g. Veterinary certificates and other Export / Import required documents.
- Technical and commercial document
All drawings, diagrams, technical documents, tenders etc. are confidential and remain our intellectual property. They are entrusted to the care of the purchaser for its personal use and must not be copied, published or made accessible to third parties with this duty, we reserve the right to seek legal redress. In the event that an order is not placed, all documents shall be returned to us on request.
- Place of fulfilment, applicable court and law
The place of fulfilment and applicable court is CH-8200 Schaffhausen. Our legal relationship is subject exclusively to Swiss law.
- Bank details
Swiss Francs to Credit Suisse 8200 Schaffhausen
IBAN CH3504835057503391001 / account 575033-91 / BIC: CRESCHZZ80A Clearing No. 4835
Euro to Credit Suisse 8200 Schaffhausen
IBAN CH7104835057503392001/ account 575033-92-1 / BIC: CRESCHZZ80A Clearing No.4835
USD to Credit Suisse 8200 Schaffhausen
IBAN CH4404835057503392002 / account 575033-92-2 / BIC: CRESCHZZ80A Clearing No.4835
or any other advised account. Any additional bank fees or exchange rate costs are on behalf of purchasers account.