Terms and conditions of sale and delivery
These Terms and Conditions of Sale and Delivery apply to all Schwob AG Burgdorf contracts (purchase agreements, goods deliveries, etc.).
Agreements to the contrary in individualized contracts, but not any general terms and conditions of business, delivery and/or sale of Schwob AG counterparties, take precedence over these Terms and Conditions of Sale and Delivery.
Any agreements contrary to these Terms and Conditions of Sale and Delivery must be in written form.
- Condition of goods
The information in brochures, offers, catalogues, etc. is based on the specifications in effect at the date of such documents and is subject to change up to the dates of entry into definitive contracts.
- Quantitative and qualitative tolerances
Ordinary and/or minor deviations in quantity, quality or colour due to technical factors are not subject to complaints or warranty claims.
For special colours and inweavings, a quantitative tolerance of +/- 10% of the quantity ordered is customary in the industry and is to be accepted by the customer without prior notice.
For custom orders, up to 10% of the quantity ordered may consist of goods of the second quality class. Such goods will be invoiced at a 10% discount.
- Warranty and liability
Customers/contractual counterparties should inspect the goods upon receipt. Any complaints concerning quantity or condition must be lodged in writing within eight days of receipt; otherwise the goods are deemed accepted and the customer may no longer assert rights against Schwob AG.
In the event of defects in the goods and timely complaint by the customer, Schwob AG may, at its discretion, rectify the situation by subsequent delivery of non-defective goods, reworking the goods or granting a price discount equal to the reduction in value of the goods. Any redhibition/rescission of the contract is expressly precluded. All other liability and warranties of Schwob AG, including liability for auxiliaries, third-party faults or in cases of accident and/or force majeure, are precluded where permitted by law. Likewise Schwob AG is not liable for indirect losses, consequential losses and/or the customer's loss of income. Should Schwob AG become liable for damages for any reason, such damages are in each case limited to the value of the goods sold.
- Delivery dates
Delivery dates are provided for orientation purposes only. A missed delivery deadline does not entitle the customer to refuse delivery, withdraw from the contract and/or lay claim to indemnification or a discount.
- Assumption of risk
Once the goods have left Schwob AG en route to the customer, the customer assumes the risk of accidental loss or accidental deterioration of the goods.
Prices are quoted exclusive of VAT.
Postal deliveries are shipped carriage paid to the customer's domicile; deliveries by rail are shipped carriage paid to the town of destination. Small shipments of up to CHF 2,000 are subject to a shipping surcharge.
Payment of the invoiced amount is due within 30 days of invoice. Customers may not offset payment against any counter-claims.
Complaints do not entitle the customer to withhold payment. After the due date the customer owes a delinquency penalty of 5% per year, even in the absence of a reminder. From the second reminder a reminder fee will be charged.
- Reservation of title
Schwob AG retains title to the goods until the purchase price is fully paid (including taxes and fees). Schwob AG has the right to enter the reservation of title into the applicable register at any time at the customer's expense.
- Assignment to third parties
Schwob AG has the right to delegate its obligations to third parties or to engage third parties for the performance of its contractual duties.
- Business and legal successor
These T&C also apply to the customer's business and legal successor.
The customer is under the obligation of informing a business and/or legal successor of agreements with Schwob AG and to impose such agreements on its business and legal successor. Insofar as legally permissible, the agreements are automatically transferred to the business and legal successor even in the absence of a special imposition. Insofar as the agreements are not automatically transferred to the business and legal successor and/or no contractual imposition takes place, the former customer remains liable for obligations arising from agreements with Schwob AG.
- Place of performance, place of jurisdiction, applicable law
The place of performance of all contracts, including in cases of deliveries to the customer, is the head office of Schwob AG in Burgdorf, Switzerland.
All disputes between Schwob AG and the customer are governed exclusively by Swiss law. Insofar as permissible, international accords (such as the Vienna Convention), international guidelines (such as the UNIDROIT Principles) and the Swiss Act on International Private Law (IPLA) are inapplicable.
The place of jurisdiction for all disputes between Schwob AG and the customer is the head office of Schwob AG in Burgdorf, Switzerland.
01.04.2020 / Version 02