Algemene Leveringsvoorwaarden
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T&C Sales
Order acceptance
Orders are only accepted after written confirmation with indication of price and delivery date. A quotation without expiry date is not valid.Order cancellation
Acknowledged orders of products already in production can not be cancelled. Exception: items supplied from stock. Goods returned within 8 days will be credited with max. 80% of their initial value otherwise a 50% credit will be applicable. The products must not have been in operation and must be returned in their original packing. For goods older than 12 months no credit note will be paid.
Prices and payment terms
Prices are in CHF, packing included, ex works. Insurance for transportation risk is customers obligation. Invoices have to be paid 30 days net date of invoice. In specific cases prepayment may be requested. For delayed payments interest will be charged. The prices are exclusive VAT.
Property of goods
Until the full invoice amount has been paid all supplied goods will remain property of Trafag AG.
Delivery
Customers may not cancel their order or demand compensation in the event of an overdue delivery date.
Warranty
12 months of service or max.18 months date of invoice. Valid only for material-, assembly- or design defaults. Not valid for erroneous installation by customer or inappropriate handling and non respect of IP protection. Complaints are considered only if made within 8 days from receipt of goods. The instruments have to be returned on CIF basis.
Documents
All drawings, dimensional drawings and pictures supplied prior to the final order are not relevant for the finally specified execution. We reserve the right to make modifications. Weight indications are approximate values. Any documentation remains our property and may not be copied or handed over to any third party without our written approval.
Applicable law
Swiss law is applicable. Court is Meilen/ZH. Place of execution is M‰nnedorf/ZH.
T&C Purchases
Orders
Orders including their alterations and supplements are either placed in writing or by phone.
Order confirmation
The supplier must confirm the order/alteration/supplement within 5 days from date of order. A dated and signed copy of our purchase order is acceptable as order confirmation. If no order confirmation is received within 5 days, the order is automatically considered confirmed.
Delivery
Agreed delivery dates are binding. Date of delivery is the date at which the goods are delivered to Trafag. If the delivery date stipulated is not met, the supplier failed to deliver. If repeated failures to deliver occur, the ordering party reserves the right to take legal actions in accordance to the OR. If it is foreseeable that the delivery dates cannot be met, the supplier has to contact the ordering party immediately. Thereby the rights of the ordering party are in no way affected.
Warranty/Acceptance/Rejection
The warranty obligation of the supplier is determined by the legal regulations.
Where no supplier agreement exists, Trafag accomplishes a reduced inspection of incoming goods. Faulty parts are rejected to be reworked or replaced. In urgent cases and in cooperation with the supplier, Trafag is entitled to eliminate the defects themselves or to entrust a third party with doing so or to otherwise get replacement at supplierís expense.
Price and Payment
The purchase prices are without VAT.
Included in the price, however, are:
- packing
- transport and customs clearance ìDDP M‰nnedorfî (Incoterms 2000)
Conditions other than those stipulated herein are to be agreed upon with Trafag. The shipping agent is named by Trafag.
Payments are made after contractual receipt of goods within 30 days net, unless otherwise agreed between ordering party and supplier.
In the case a warranty obligation is applicable we are entitled to withhold the payment proportionately (according to the value) until the defect has been remedied.
Provision of Material / Production means
Material supplied remains the property of Trafag. It must be properly stored and marked as our property. It must be insured sufficiently against fire, water and theft at the suppliers expense and may only be processed as directed.
If an unusually high reject rate reduces the material supplied by Trafag considerably, Trafag has the right to invoice the supplier accordingly or deduct the appropriate amount from the supplierís invoice.
Trafag is entitled to withdraw the material supplied at any time without giving any reason.
Production means put at the disposal of the supplier have to be marked appropriately and properly stored. They are to be used solely for the manufacture of Trafag parts.
Miscellaneous
Place of fulfilment for all deliveries and services is the companyís registered office at M‰nnedorf.
Applicable law is exclusively Swiss law. The applications of the international purchase right laws are excluded unless otherwise agreed.
Place of jurisdiction for both parties is Meilen ZH/Switzerland.
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