GENERAL TERMS AND CONDITIONS OF SIFLOOR AG
1. General
1.1 These terms and conditions govern the relationship between Sifloor AG and its customers, and apply to all deliveries, services and offers of Sifloor AG.
1.2 Deviations from and/or additions to these terms and conditions, as well as amendments and additions to concluded contracts and the terms and conditions of Sifloor AG applicable to these, must be made in writing in order to be valid, and are listed in the contract under special provisions.
2. Offer and conclusion of contracts
2.1 Offers made by Sifloor AG are non-binding, in particular with regard to prices, quantities, delivery deadlines, delivery options, available resources and any ancillary services.
2.2 The scope of the services to be provided and the products to be supplied by Sifloor AG shall be determined solely by the order confirmation from Sifloor AG. The General Terms and Conditions and the special contractual conditions of the respective products and services are a mandatory part of every agreement.
3. Delivery
3.1 By accepting the goods and/or signing the delivery note, the customer confirms that the goods have been delivered in full and without any visible transport damage. The carrier must be informed immediately of any deviations in the scope of delivery. In the event of transport damage, acceptance of the defective goods must be refused. In any case, Sifloor AG must be informed immediately in writing.
3.2 The customer undertakes to check the goods delivered by Sifloor AG for their functionality and to notify Sifloor AG in writing of any defects within 10 days. If notification is not made in good time, the customer's warranty claim shall lapse, unless the defect was not recognisable during the inspection and within the deadline.
4. Price
4.1 The prices according to the corresponding price list or the contract shall apply, plus the respective statutory taxes.
4.2 The VAT rate is always adjusted to the statutory provisions. The rate applicable at the time of delivery shall apply.
4.3 In the event of price changes by suppliers, Sifloor AG expressly reserves the right to change prices and, in particular, to charge the customer for the higher costs incurred up to the time of delivery.
5. Delivery periods, deadlines
5.1 Delivery deadlines are agreed between Sifloor AG and the customer, and are binding. Delays in delivery due to unforeseen circumstances cannot be completely ruled out, however. Any anticipated delays in delivery shall be agreed with the customer and will be announced in good time.
5.2 Changes to orders may lead to the cancellation of agreed deadlines and prices.
6. Liability
Sifloor AG shall not be liable for damages suffered by the customer on any legal grounds whatsoever - including delay, impossibility, poor fulfilment and non-contractual (tortious) liability - unless the damage was caused by Sifloor AG through gross negligence or wilful intent.
7. Payment
7.1 Unless otherwise agreed, payments are due within 30 days net from the date of invoice.
7.2 From the 2nd payment reminder, Sifloor AG reserves the right to only deliver the manufactured goods against advance payment.
7.3 Any unauthorised cash discounts will be charged subsequently.
8. Returns of goods
We can only accept returns of goods in perfect condition, in their original packaging and carriage paid to the Sursee warehouse, with prior written notification. 20% of the value of the goods will be deducted for laboratory tests and additional costs. Disposal costs will be invoiced separately.
9. Retention of title and rights of use
9.1 The delivered purchased items shall remain the property of Sifloor AG until the purchase price has been paid in full. Until this time, and in accordance with Art. 715 of the Swiss Civil Code, Sifloor AG is authorised to enter the retention of title in the Retention of Title Register at the respective domicile of the purchaser. By taking note of these General Terms and Conditions, the purchaser gives his consent, in accordance with Art. 4 of the Ordinance of the Federal Supreme Court on the Registration of Retentions of Title, that Sifloor AG may register the retention of title registered without the involvement of the customer.
9.2 The right of use shall not pass to the customer until the purchase price has been paid in full.
10. Data protection
10.1 All written and verbal information and data are confidential. Neither party may make information accessible to third parties without the written consent of the other party (disclosure to authorities and other authorised third parties remains reserved). The above shall apply to all information and data. Both parties undertake to use information received from the other party solely for the purpose of providing or receiving services under this contract, or any other contract between the parties.
11. Final provisions
11.1 In case of doubt, these terms and conditions shall remain binding in their remaining parts, even if one or more provisions are legally invalid. Should provisions be or become invalid in whole or in part, they shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
11.2 In the event of contradictions between the contract, these General Terms and Conditions, the order confirmation and the quotation, the order confirmation shall apply in the first instance, the contract in the second instance, the General Terms and Conditions in the third instance and the quotation in the last instance.
11.3 The place of fulfilment for all deliveries and services is the registered office of Sifloor AG.
12. Applicable law and place of jurisdiction
12.1 All contracts concluded under the validity of these General Terms and Conditions shall be governed exclusively by Swiss law, excluding the Conflict of Laws rules under private international law.
12.2 The place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions, or the individual transactions concluded in the course of their execution, is the registered office of Sifloor AG.
13. Status of the General Terms and Conditions
Sursee, October 2016