General terms & conditions of business
General terms and conditions of business (GTCB) of Kern Studer AG
All our sales and deliveries are subject to these provisions in full, unless they have been modified or amended by way of written agreements.
We reserve the right to invoice the agreed service by post or electronically by email.
The provisions set out in the Swiss Code of Obligations for Sales Agreements (Art. 174 ff. OR) or the other relevant Swiss statutes and regulations shall otherwise apply.
Our quotations are valid for a limited period of time, either in accordance with the statutory rules or according to the special information contained in the quotations themselves. Our quotations are of a confidential nature and may only be made available to those persons dealing with our quotations. We reserve the property rights and copyrights for the prepared technical documents and samples. The technical documents may not be reproduced or made accessible to third parties without our permission.
Prices and packaging
All prices stated in price lists and brochures are non-binding. The prices are net ex works, not including VAT, shipping, packaging and insurance. If the packaging unit has been declared to be our property, it must be returned within 4 weeks carriage paid. Permits, notarisations as well as taxes, customs duties and other fees shall be borne by the purchaser. The acceptance and execution of orders can be made dependent on an advance payment. Should changes arise in the course of the order processing due to surcharges, additional fiscal charges, tariff increases or strong currency fluctuations, we reserve the right to adjust prices accordingly.
Unless agreed otherwise, blanket/call orders are to be accepted within one year from the date of our order confirmation. For goods that have not been accepted on time, we shall be entitled, after failure to meet an extended deadline, to demand advance payments of the invoice amount and, in addition, to charge additional storage costs of at least 1% of the value of the goods not accepted per month. The same applies mutatis mutandis to any delay in acceptance by the customer.
Orders already placed can only be cancelled with our consent. The customer undertakes to reimburse all costs effectively incurred by us in the event of withdrawal from the contract.
Delivery time, fulfilment of the delivery and transport damage
We will always endeavour to adhere to the carefully calculated delivery times specified by us. However, if disruptions do occur in business operations or at our suppliers , in particular work stoppages and lockouts as well as cases of force majeure caused by an unforeseeable and involuntary event, the term shall be extended accordingly. Possible delivery delays shall not give entitlement to cancel the order or assert claims for compensation. The delivery is deemed to have been fulfilled when the goods leave our premises or, in the case of direct deliveries by our suppliers, the premises of such suppliers. In all cases, the risk of shipping and transport shall be borne by the purchaser, even if freight-free or postage-free delivery of the goods is agreed. Packaging is carried out with the greatest care. In the event of breakage or transport damage, the recipient of the goods must immediately make a corresponding reservation with the transport company and notify us of the damage in writing. This also applies even if the packaging of the goods does not show any external damage. Always check the delivery carefully before unpacking. Transport damage must be reported immediately, if possible directly to the driver and then to the transport company. The delivery of partial quantities is permitted; and shall be charged for as performed. In the event of over-delivery or under-delivery of up to 10% of the order quantity, delivery shall be deemed to have been fulfilled in accordance with the contract.
Goods can only be returned following a written agreement with us. The goods must be in perfect, complete condition and in their original packaging. Goods specially made at the customer's request cannot be exchanged. We shall be able to charge a reasonable share of the costs for the work involved.
Unless agreed otherwise, the customer has to make payment within 30 days of the date of invoice, net, without deduction of discounts, expenses, taxes, duties, fees, customs duties and the like in accordance with the due date agreed. If the customer does not comply with the agreed payment deadlines, it must, without notice and from the agreed date of payment, pay us interest based on the usual interest rate applying at the customer's domicile, though not less than 5% above the respective discount rate of the Swiss National Bank. The right to compensation for further loss or damage is reserved.
Retention of title
We reserve the right to ownership of our delivery until full payment has been made. We are entitled to enter the retention of title in the official register at the expense of the customer and fulfil all related formalities . The customer is obliged to cooperate with measures that are necessary to protect our property.
If there are any differences between the German terms and conditions of sale and those drafted in other languages, the original German text shall take precedence.
We give you the guarantee offered by our suppliers. The guarantee period is for 2 years, unless stated otherwise. The guarantee extends to all errors occurring within the agreed guarantee periods, the existence of which can be attributed to poor material or faulty manufacture.
Warranty claims due to obvious defects shall expire if the buyer does not complain within 10 days of delivery.
Swiss law shall apply exclusively to any disputes. The place of jurisdiction is Richterswil. Our company will endeavour at all times to resolve any differences amicably and by mutual agreement.