General Conditions of Purchase These conditions form the contractual basis and a binding component of our orders. They immediately replace all previous verbal and written agreements and understandings. 1. Telephone or verbal orders up to CHF 500.00 are not confirmed in writing. Orders exceeding this amount only become binding through our written order. 2. Order confirmation: Each order must be confirmed within a reasonable time frame, but no later than within 5 (five) working days. Remaining silent is considered as acceptance of our order incl. all conditions. 3. Binding nature of deadlines: The agreed delivery deadline is binding. The contract is a deal concluded for this specific time (deals with time limits) according to Article 108, point 3 of the Swiss Code of Obligations. If the deadline is not observed, we reserve the right to charge the supplier the consequential costs resulting from the delay. 4. Shipping documents of domestic suppliers: A delivery slip must be enclosed with every shipment, and must contain our full order details and describe the item of delivery in a manner similar to the wording in our order. 5. Shipping documents of foreign suppliers: The following shipping documents must be enclosed with every shipment: a.) 2 copies of the invoice, containing a specific item description, value, gross and net weight, confirmation of origin, invoice number and issue date. b.) Packing list with contents, if there is more than one package. c.) Delivery slip All documents must contain the specific reference details from our order. 6. Item deliveries by truck can only be accepted Monday to Thursday between 7am and 11.30am and between 1pm and 4.15pm, and on Fridays between 7am and 11.30am. They cannot be accepted outside these times. If possible and reasonable, Euro interchangeable pallets should always be used. If these rules are not observed, we reserve the right to send back consignments or refuse acceptance of the item. 7. Quality: Unless otherwise agreed, the quality requirements are defined by diagrams, specification sheets, catalogue drawings and brochure drawings. In cases where these documents do not adequately describe the quality, additional quality, inspection and acceptance regulations are established. All inspection and acceptance regulations are an integral part of the order. 8. Security regulations: By accepting this order, the supplier assures that the contractual object complies with the security regulations set by SUVA, SEV, SVDB or other bodies applicable at the time of contract conclusion. The supplier also commits to immediately rectifying any safety deficiencies or breaches of safety rules arising after delivery. The supplier is liable for damages caused to us as a result of non-compliance with the aforementioned rules. 9. Payments: Each payment is generally made within 60 days net or by special agreement.
Oerlikon Heberlein Temco Wattwil AG Bleikenstrasse 11 路 9630 Wattwil, Switzerland T +41 71 987 44 44 路 F +41 71 987 44 45 www.components.oerlikontextile.com 路 firstname.lastname@example.org
10. Invoices: Invoices must contain our order details. Tax-exempted and taxable items must not be included on the same invoice. One separate invoice must be issued for each individual order. All invoices must be formulated as per the order. 11. Delivery and payment: If the items ordered by us are delivered before the set date, that date still applies with regard to the payment date. All invoices are only considered valid once the item has been accepted. If the delivered item is defective or does not comply with the order in some way, we are entitled to both refuse acceptance of the item and withhold the invoice payment until all defects have been remedied or an appropriate item conforming to the order has been delivered by the supplier. Despite this, we reserve any and all statutory rights and claims available to the purchaser in the event of delivery of a defective item. 12. Drawings: Drawings sent by us remain our property and must not be provided to third parties or otherwise made accessible without our consent. They must be immediately returned to us, together with any copies, at our request. 13. Infringement of patents or other proprietary rights: The supplier is liable for ensuring that the acquisition or use of items offered or delivered by it does not infringe any third-party patents or proprietary rights. If a third-party patent or other proprietary right is infringed, the supplier must fully compensate us for any and all damaging consequences thereof and for any costs incurred. 14. Validity: These general conditions of purchase apply for all points not otherwise expressly and mutually governed in writing by other rules. Any general terms and conditions established by the supplier are only considered valid insofar as they do not conflict with these general conditions of purchase and have been expressly recognised by us. 15. Warranty conditions: The warranty for parts or units delivered to us by the supplier lasts for 12 months after commissioning, but no later than 18 months after delivery. 16. Spare parts: In the event the supplier is not able to contractually deliver spare parts on time or at all, it declares its willingness to provide us non-bindingly with parts drawings enabling us to perform our own in-house production. Claims raised by us for non-performance and delay, as well as any damage claims, are not affected thereby. 17. Place of performance and jurisdiction: The place of performance and counter-performance, as well as the place of jurisdiction in the event of any legal disputes, is Wattwil, Switzerland. We reserve the right to prosecute the supplier at the place of jurisdiction of its registered office or any branch office or permanent establishment. 18. Applicable law: The contractual relationship existing between the supplier and us is subject to Swiss substantive law, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the principles of conflict of laws established by the Federal Act on International Private Law (IPLA). 9/2011
6. Item deliveries by truck can only be accepted Monday to Thurs- day between 7am and 11.30am and between 1pm and 4.15pm, and on Fridays bet...