Conditions of sale and supply
Application
All our supplies and sales are subject to these terms and conditions in their entirety in so far as they shall have not been amended or supplemented by agreements in writing. In addition to this, the General Conditions of Contract for the Supply of Plant and Machinery? issued by the Swiss Association of Machinery Manufacturers/VSM shall apply.
Prices
All prices shall be deemed to be net ex works, excluding packing and transport, in freely available Swiss francs, without any deduction whatsoever and excluding VAT. The installation and commissioning of the appliances are not included in the prices.
Terms of payment
The terms of payment on our acknowledgement of order or invoice respectively shall apply. In the case of orders of a greater extent, special versions and new customers, we reserve the right to levy down payments of payment in advance. Cheques and bills of exchange shall only apply as payment when they have been honoured.
Reservation of ownership
The goods shall remain our property until payment shall have been made in full.
Delivery date/Delivery times
Dates will be stated to the best of our estimation in accordance with our current capacity and material situation. Any failures to meet deadlines shall neither give entitlement to cancallation of the order nor for the assertion of claims for compensation. Force majeure shall release us from the obligations undertaken.
Compliance with the delivery time presupposes the fulfillment of the contractual obligations by the customer.
Packing
The external and transport packing will be invoiced separately and not taken back.
Dispatch/Transport
Transport shall be made for the customer’s account. Special wishes with respect to dispatch and transport are to be notified in good time. In the case of externally visible damage, a reservation in writing is to be lodged with the carrier before the goods are accepted. In the case of damage not visible externally and for assumed damage, the necessary reservations are to be lodged within 7 days in good and valid form. The carrier is to be requested to make joint ascertainment of the damage.
Insurance
All deliveries are made ate the risk and danger of the customer. Transport insurance will only be covered on special written request and at the expense of the customer.
Guarantee/Warranty – Complaints
The period of guarantee/warranty shall be 1 year. It shall begin with the dispatch of the supplies ex works or with the possibly agreed acceptance of the supplies. The guarantee shall cover demonstrable material or manufacturing faults. We shall not accept any guarantee for damage caused by incorrect manipulations, as well as for equipment on which the stamps or seals shall have been damaged.
In the case of visible faults (e.g. number/finish), the customer of purchaser must send us notification immediately after receipt (within at lease 7 days) of the delivery.
Repairs and cost estimation
Any repair work carried out after expiry of the ordinary warranty period will be charged for customer’s account at rates customary in the trade. A cost estimation procedure is defined. If repair costs exceed approx. half of the current price of a new replacement device, the further repair procedure will be negotiated with the customer.
Safety information
Appliances from Camille Bauer AG are intended only for industrial or commercial use. Sales to third persons for the private sector are not permitted. The perfect and safe operation of the appliances presupposes that the installation information in the technical data sheets and the operating instructions have been read and the information contained therein observed and complied with before the appliances are put into operation.
The safety and warning information are prepared by the manufacturer in English, German and French language. All retailers are obliged, after unmistakable translation of the safety and warning information of the appliances into the respective language of the country, to pass them on to the final customer.
Exclusion of liability
In no case will the customer have claims to compensation for damage which shall not have arisen on the object of the delivery itself, such as loss of production,
losses of use, losses of orders, loss of earnings, as well as for other indirect or direct damage. This exclusion of liability shall not apply if binding law shall conflict with it (product liability clause).
Legal venue/applicable law
The place of performance for supply and payment shall be Wohlen (Aargau). The legal venue for the customer and supplier shall be Bremgarten (Aargau). The legal relationship shall be subject to substantive Swiss law.