Max Gimmel AG-TECHNOLOGIE-OEKOLOGIE-KONTAKT
LEDERÜBERSICHT WOHNEN TRAMSPORT GERBEREI MASCHINEN SERVICE
Max Gimmel AG
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General terms and conditions of business – GTCB

As of 01.01.2009

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1. Conditions of delivery

Our deliveries are carried out by post or a forwarding agent designated by us. Without mutual agreement, the following terms and conditions apply:

1.1 Deliveries in Switzerland and the Principality of Liechtenstein

1.1.1

Merchandise value of less than CHF 2,500 excl. sales tax. ex works Arbon, freight costs and special taxes shall be invoiced in full.


1.1.2

Merchandise value of more than CHF 2,500 excl. sales tax carriage paid to domicile, extra charges for express and cash-on-delivery items to be borne by the recipient.


1.2 Deliveries abroad

1.2.1

Incoterm: ex works Arbon, customs charges – incl. sales tax outlays – shall be borne by the invoice recipient.


1.2.2

Air-freight shipment: ex works Arbon, customs charges – incl. sales tax outlays – shall be borne by the invoice recipient.


1.3 Deliveries for new customers or private customers

1.3.1

New customers: payable as advance payment or cash-on-delivery for the first 3 deliveries.


1.3.2

Private customers: only against cash or cash-on-delivery.


2. Sampled offers

2.1

Sampled offers shall be delivered according to the above-mentioned terms and conditions.


2.2

The delivery shall be made with the corresponding invoice for the merchandise and payment is due in accordance with the terms and conditions of payment.


2.3

If the sampled offer is returned in full, a corresponding credit note shall be made out to the account with a surcharge of CHF 50 for reprocessing.


3. Small shipments with a merchandise value of less than CHF 50

For small shipments, a minimum amount of CHF 50 excl. sales tax shall be charged unless they are in connection with a larger delivery.

4. Warranty

4.1

Complaints due to material defects, wrong deliveries and deviations in quantities must be lodged in writing without delay, to the extent possible by way of reasonable inspections, no later than 10 days after receipt of the merchandise. The hides must be in the original condition (no markings, cuts, etc.).


4.2

The warranty period is 12 months. It starts with the delivery of the merchandise to the buyer.


4.3

For justified quality complaints, we shall undertake to provide repairs or a replacement delivery free of charge within a reasonable period of time. Any other claims for compensation are excluded. In particular, all claims of the buyer for damages not relating to the actual merchandise supplied such as loss of production, losses in use, loss of profit or other financial losses are expressly excluded.


5. Damage in transit

Merchandise damaged in transit is not to be accepted, rather provided to the forwarding agency. Damage which is only noticed on unpacking must be reported immediately to the forwarding agency.

6. Return of goods

6.1

Returned goods shall only accepted together with the corresponding invoice and delivery note copies and the relevant justification within 2 months of the invoice date.


6.2

The merchandise must be in perfect condition.


6.3

The return of goods must be made in the same form of packaging as for the delivery to the buyer. The transportation costs for the return of goods shall be borne by the buyer.


7. Retention of title

7.1

We retain ownership of the delivered goods until all claims against the buyer are settled.


7.2

Any conflicting terms and conditions of purchase remain ineffective even if they are not expressly contested.


8. Place of jurisdiction

8.1

The present legal relationship is governed by Swiss law.


8.2

The place of jurisdiction for such disputes is Arbon, Canton of Thurgau, Switzerland.