General Terms and conditions of Enfiso GmbH
1. Validity
The following general terms and conditions of sale apply to all transactions between ENFISO GmbH and the buyer, unless otherwise agreed in writing. By placing the order, the buyer accepts the following conditions. Differing purchasing conditions of the buyer only apply if they have been expressly accepted by us in writing. Otherwise, these general conditions of sale will apply in any case. Unless otherwise expressly agreed in writing, neither these general terms and conditions of sale nor the transactions concluded under them constitute a continuing obligation of any kind. The buyer's commitment to these general terms and conditions of sale also applies to future orders. We are authorized to change or supplement the general terms and conditions of sale at any time. The current version at the time of the order applies.
2. Offers and Orders
Our written offers are valid for two months from the date of issue, unless a different period of validity is stated on the offer. Orders are legally binding even without a signature. A declaration by the buyer is only considered acceptance if it fully agrees with our offer. Our silence in response to a counteroffer from the buyer is under no circumstances considered a declaration of acceptance.
3. Prices
Our prices and additional costs are based on the offers valid at the time of the order and are in Swiss francs, excluding VAT.
4. Delivery date and shipping
If a delivery date is stated in the confirmation, it is subject to the goods being received on time. In the event of a delay in delivery, the buyer has neither the right to forego subsequent performance, nor to withdraw from the contract, nor, to the extent permitted by law, to claim damages. Unless otherwise agreed, delivery takes place EXW Flurlingen, (Incoterms 2018). We charge flat rate surcharges for small quantities, express and direct deliveries as well as for deliveries outside the agreed delivery days.
5. Payment
Unless otherwise agreed, our invoices are payable net within 30 days of the invoice date, without any deductions. If the buyer does not meet the payment deadline, he will be in default without additional reminder and we are entitled to charge default interest of 6%. If the buyer defaults, we are entitled to withdraw from the contract and demand the return of goods that have already been delivered. Offsetting against any counterclaims from the buyer is excluded.
6. Inspection and acceptance of the goods
The buyer must check the quality and quantity of the delivered goods immediately upon receipt. Any defects or incorrect deliveries must be reported to us in writing and in detail immediately, but no later than within 8 days of receipt of the goods (or from the moment we become aware of hidden defects). In the event of late notification, the deliveries are deemed to have been approved and any warranty is void.
7. Warranty, Liability
To the extent permitted by law, the warranty period is 12 months from receipt of the goods. Only proven material or manufacturing defects in the delivered goods are considered defects. It is the buyer's obligation to ensure that the goods are suitable for their intended use through their own examination. Our information only represents guaranteed properties if we expressly describe them as such in writing. In the event of defects reported in accordance with Section 6, the buyer will receive the same, defect-free goods upon return of the defective goods or - in the case of devices - is entitled to free repair or replacement of the defective part. If devices are delivered with a guarantee certificate, the special provisions of the guarantee certificate apply to the manufacturer. All further warranty claims of the buyer are excluded to the extent permitted by law. Regardless of their legal basis, any claims by the buyer for compensation for damage that did not arise from the delivered goods themselves, such as production downtimes, loss of use, lost profits, loss of orders, business interruptions and other direct, indirect, indirect or consequential damages, will be accepted to the extent permitted by law excluded. In particular, any liability for assistants of ENFISO GmbH is completely excluded to the extent permitted by law. If the buyer's actions or omissions injure third parties or damage third party items or otherwise damage third parties and we are held liable for this, we have a right of recourse against the buyer.
8. Return of goods
The return of defective or incorrectly delivered goods requires, in addition to a report in accordance with Section 6, that the goods are returned complete and with the original packaging. Delivery note and copy of the invoice must be enclosed. The shipping costs are borne by the buyer.
9. Applicable Law and Venue
This legal relationship is subject to substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and place of jurisdiction is Schaffhausen. However, ENFISO GmbH is entitled to sue the buyer before any other competent court.
December 2018 edition