The deliveries, services and offers of TECHNOLAB SA are subject to these Terms and Conditions, even if they are not expressly agreed again. By ordering the goods or services, these terms are accepted. General conditions of purchase are hereby rejected. Deviations from these terms and conditions shall only be effective if we confirm them in writing.
The offers of TECHNOLAB SA in price lists and advertisements are non-binding. Orders are binding for TECHNOLAB SA only after written confirmation. Confirmations will be created only if expressly requested. The information in our sales documents (drawings, illustrations, dimensions, weights and other benefits) are to be understood as a guide only and do not constitute a warranty of properties unless they are expressly designated as binding in writing. The excess of a purchaser's credit limit by an order releases us from our delivery obligation.
Authoritative are the prices stated in our order confirmation. These are fixed at the time of ordering. The prices are, unless otherwise agreed, excluding transportation costs, inclusive of VAT.
Dates and deadlines are not binding unless expressly agreed otherwise in writing. Specifying certain delivery times and dates through the TECHNOLAB SA is subject to the correct and timely delivery of TECHNOLAB SA by suppliers and manufacturers.
If the buyer after a set respite refuses the acceptance of the delivery items or declares, not to want to receive the goods, TECHNOLAB SA may refuse to fulfill the contract and claim damages for non-performance. TECHNOLAB SA is entitled to either demand a lump sum of 25% of the purchase price as compensation or replacement of the effective damage from the buyer.
Visible differences in quantity must be reported in writing immediately upon receipt of the goods, concealed differences in quantity within 4 days after receipt of goods to TECHNOLAB SA and the carrier. Complaints regarding damage, delay, loss or poor packaging must be notified immediately upon receipt of the shipment.
The risk passes to the buyer as soon as the consignment has been handed over to the person performing the transport. If the shipment is delayed without our fault or is impossible, the danger passes to the buyer with the notification of readiness for shipment. An individually agreed taking over of the transport costs through TECHNOLAB SA does not affect the tranfer of risk.
The warranty in accordance with the following provisions shall be 2 years, unless expressly agreed otherwise in writing. The warranty period starts from the delivery date. If our operating or maintenance instructions are not followed, changes made, parts are replaced or consumables used which do not meet the original specifications, each warranty is void if the defect is attributable to this. This also applies if the defect is improper use, storage and handling of the devices, or external intervention and the opening of equipment is due. Insignificant deviations from warranted characteristics of the goods do not trigger warranty rights. Liability for normal wear and tear, as well as consumables / accessories / enclosed battery / batteries is excluded. Warranty claims against TECHNOLAB SA are entitled only to the direct purchaser and are not transferable.
For returns, we request that the defective part or unit together with a completed repair form and a copy of the invoice with which the equipment has been delivered, is sent or delivered to the TECHNOLAB SA for repair. A return of products by the customer requires the prior consent of TECHNOLAB SA and is at the expense and risk of the customer. The return of products must be made in their original packaging and enclosing with a detailed error / defect description and a return number. Products that we procure on customer and opened software are excluded from the return. Through the exchange of parts, assemblies or whole devices no new warranty periods is inforced. The warranty is limited exclusively to the repair or replacement of damaged delivery items. The buyer has to pay ensure when sending the equipment for repair that contained data is backed up by copies, as these may be lost during repair procedures.
The delivered goods remain the property of TECHNOLAB SA until the complete payment.
§11 Payment The invoices are as per agreement by prepayment, letter of credit, or payable net within 30 days, unless otherwise agreed. Delivery is generally not free, that is, at buyer's expense by parcel post, forwarding or private vehicle, unless expressly agreed otherwise. A payment is considered to have been made when we can dispose of the amount. Cheques are only accepted on account of performance and apply as payment only after their redemption. If the purchaser is in default, we are entitled to charge an interest of 5% from the relevant date. During the period of default, the TECHNOLAB SA is also entitled at any time to terminate the contract, reclaim the delivered goods and to claim damages on cancellation of the contract. All claims become due immediately if the customer defaults on payment, other essential obligations under the contract culpably fails to comply with or if we become aware of circumstances which are suitable to reduce the creditworthiness of the purchaser, in particular cessation of payments, pendency of composition or bankruptcy proceedings. In these cases we are entitled to retain still outstanding deliveries or perform only against advance payment or securities.
Claims for damages from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent acts. No liability is accepted for any consequential damages resulting from the use of the products.
As far as software is included, this is left to the buyer alone to the unique resale or for personal use, ie he may neither copy these nor leave it to others for use. Exclusively the regulations of the manufacturer of the license agreement apply.
The TECHNOLAB SA is entitled to process obtained data about the buyer with respect to the business relations in the context of this, whether these come from the buyer or a third party, within the meaning of the Federal Act on Data Protection (DSG). Personal customer data is treated confidentially and shared with third parties only in the context of the credit check.
Aarau is exclusively legal venue for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
TECHNOLAB SA ,
Rombach, 24 July 2015