This contract is subject to approval by the management.
Purchase Price
Unless otherwise agreed, the price is net, payable within 30 days of invoicing.
In case of default in payment, the management is entitled to charge
interest on arrears of 8%.
The purchase item is delivered in accordance with Art. 715 of the Swiss Civil Code (ZGB) and 226 ff of the Swiss Code of Obligations (OR), and ownership is only transferred to the buyer once all obligations under this contract are fulfilled.
If payment is more than two months overdue, the seller expressly reserves the following rights:
- The seller is entitled to store the purchase item until full payment of the outstanding purchase price is made.
- The seller can withdraw from the contract under the following compensation obligations of the buyer:
- Wear and tear compensation of up to 25% of the purchase price, plus 2% of the purchase price per month, along with all incurred costs such as dismantling, repair, transport, enforcement, court costs, and the like.
The seller is then free to dispose of the purchase item.
In the case of refusal to accept the item, the seller has the right to withdraw from the contract with compensation of
20% of the purchase price.
Delivery Period
We place great importance on adhering to the delivery period. If delays of up to 2 months occur due to a lack of raw materials, workforce, etc., or due to force majeure, this does not entitle the buyer to withdraw from this contract. If delivery is made only 2 months after the agreed delivery date, the buyer is entitled to refuse acceptance and withdraw from the contract without compensation.
No claims for damages can be asserted.
Transport Risk
All shipments are made at the expense and risk of the buyer; delivery free of charge does not exclude this clause.
Inspection and Complaints
The buyer must inspect the goods upon receipt. Any complaints must be made in writing and justified within 8 days of receipt of the shipment.
Warranty
- The warranty period for all devices and machines is 1 year from delivery. The seller undertakes to remedy any proven defects (material or manufacturing defects) that are detected during the warranty period free of charge.
- Warranty claims must be made in writing to the seller within 8 days of delivery of the goods or discovery of the defect; otherwise, they are considered forfeited.
- The buyer is only entitled to remedy defects that are due to material or manufacturing defects at the time of delivery, but not those caused by improper use, failure to follow operating instructions, lack of maintenance, or other faults of the buyer or third parties, or by local conditions or incorrect installation, connection, or assembly. The warranty does not cover parts that are subject to particular wear and tear, such as seals, filters, baskets, etc. No warranty is given for devices connected to higher than the specified voltage, or that were improperly assembled or handled (as per the electrical diagram, Gastrofrit), or for devices and machines that were dismantled, repaired, or fitted with incorrect spare parts without the knowledge and consent of the seller. There is no warranty claim for used devices.
The buyer has no right to claim compensation for any damages incurred due to the failure of the device. - The use of spare parts does not extend the warranty for the devices and machines into which the spare parts are installed.
- All warranty and damage claims beyond those outlined in point 1 are excluded to the extent permitted by law.
- Conditions set by the buyer that contradict these terms and conditions of sale and delivery are only valid with the seller if they have been expressly accepted in writing.
- The court of jurisdiction for all disputes arising from this legal relationship is Rorschach. Swiss law applies, excluding the IPRG and CISG.