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General Terms and Conditions Strub + Co. AG

1. General

These general terms and conditions always apply to our deliveries and services, insofar and as far as between us as a seller or service provider and the customer is not agreed and in writing something else has been agreed. Insofar as the general and special terms and conditions contain no provisions, the Swiss Code of Obligations shall apply. Acceptance of the ordered goods or acceptance of the delivered service in any case means acceptance of these "General Terms and Conditions" by the customer. All terms and conditions of the customer are not binding for our deliveries and services, even if they are not expressly objected to on our part. The term "Services" includes both services provided by Strub + Co. AG ("Strub") under the terms of contract and works contract law.

2. Order, prices and payment

The subject matter and scope of the service owed shall be defined exclusively by the written and, in special cases, oral quotation from Strub accepted by the customer or the order confirmed by Strub in writing by the customer. In exceptional cases, an order can only be confirmed verbally. Changes or additions to the scope of delivery or service must always be made in writing; however, if not otherwise possible or at the customer's special request, they may also be made only verbally. Unless otherwise stated, VAT is not included in the prices. Terms of payment depending on product and agreement otherwise 30 days net.

3. Packing

The packaging can be charged at cost price and must not be returned by Strub. Crates, pallets etc. can be charged separately. After the Franko return, these can be credited.

4. Shipping / Tariffs

All increases in tariffs and fees, such as transport charges, insurance premiums, customs duties, etc. occurring after conclusion of the contract, can be charged to the customer, even if we have taken over transport, insurance, customs clearance, etc .; Discounts can be credited to the customer accordingly. An order shall be deemed to have been delivered when the driver has unloaded the goods at the place indicated or the consignment has been handed over to the post office or railway. A service is considered (at the latest) as accepted when paying the bill.

5. Quantity tolerances

For special products we reserve the right to an excess or short delivery of 10%. (eg sprays)

6. Force Majeure/ Hausse-Baisse-Clause

Force majeure events absolve us of compliance with the agreed fulfillment deadlines. Force Majeure events include, but are not limited to: mobilization, war, sabotage, strikes, lockouts, riots, demonstrations, revolution, governmental orders, resource shortages, floods, storms, fires, and other elemental events, as well as any other unforeseen disruption to the operations of Strub or its suppliers or events that temporarily or permanently render our services impossible or economically unreasonable.
Hausse-Baisse-Clause is generally considered to be agreed.

7. Control of the delivery and service

The delivered goods are to be checked on receipt by the customer, in any case however before any processing. Services are to be checked after their delivery, at the latest before the use of the order result. Complaints regarding weight or Number of pieces as well as complaints concerning the condition of the goods or services are only valid if they are communicated to us in writing within 8 days of receipt of the goods or acceptance of the service and we can check them on site. If the customer fails to do so, Strub is released from any liability (to the extent permitted by law).

8. Late payment

If the customer does not comply with the specified conditions of payment or if he becomes insolvent, all our credit balances towards him, irrespective of which are the agreed payment dates, are due for payment and can be claimed by us immediately. If the customer is in arrears with a payment, we also have the right to suspend our services and / or withdraw from the contract without specifically warning the customer. The customer has to pay us full compensation for the damage incurred. We are also entitled to cancel all orders already confirmed to the customer but not yet executed or in progress without notice. From the third reminder CHF 40.00 per reminder will be charged as a fee.

9. Product quality

Our products are constantly being developed to the latest standards. Therefore, STRUB + Co. AG reserves the right to make optimizations to the products/data sheets without prior notice.

10. Liability of Strub

In the case of justified complaints or complaints, our liability is limited to the free replacement of the objected or defective goods or repair of the owed service. In addition, the customer has no further claims to Strub. Thus, the customer has no right of cancellation, reduction or any damages, such as because of lost profits. Also excluded are claims of the customer for replacement of indirect,direct or indirect damage or consequential damage as well as all other costs incurred by the customer in connection with the goods or services complained of. The mandatory provisions of the Federal Product Liability Act remain reserved. From verbal information of our staff, the customer can not guarantee for properties of the material or for the application in individual cases and thus no liability on our part. We decline any liability for failure to comply with regulations regarding the handling of the Strub products or application of the results of the services provided.

11. Place of performance, jurisdiction and applicable law

Place of fulfillment is Reiden. The exclusive place of jurisdiction for all disputes arising in connection with our deliveries is Lucerne.

12. Miscellaneous

Changes or additions to these terms and conditions require the explicit written agreement of the parties.

13. Sustainability

Our company sees itself as having a responsibility to act sustainably and is committed to the UN Sustainable Development Goals. In doing so, we take all facets of sustainability into account. We not only act sustainably to protect the environment, but also in the interests of our employees and business partners. We are a member of the VSI-NaSch sustainability initiative for the development of a uniform industry standard for the greenhouse gas accounting of lubricants and actively support the establishment of a European society for the uniform calculation and documentation of greenhouse gas values in the lubricants sector.