Terms of condition Strub + Co. AG
These general terms and conditions always apply to our deliveries and services, if 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, verbal offer from Strub, which was 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, but if not otherwise possible or at the customer's special request, these may also be made only verbally. Unless otherwise stated, VAT is not included in the prices and invoices will be due for payment within 30 days of delivery.
The packaging can be charged at cost price and must not be taken back by Strub. Crates, pallets etc. can be charged separately. After the Franko return, they can be credited.
4. Shipping / Rates
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 also be credited to the customer accordingly. An order shall be deemed to have been delivered if 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 upon payment of the invoice.
5. Quantity tolerances
For special products we reserve the right to an excess or short delivery of 10%. (eg sprays)
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.
7. Control of delivery and service
The delivered goods are to be checked upon receipt by the customer, but in any case 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 units and complaints about the condition of the goods or services are only valid if they are notified 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 (as far as permitted by law).
8. Late payment
If the customer does not comply with the specified terms 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 to 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.
9. 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 service due. 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 the properties of the material or for the application in individual cases and thus no liability on our part. In case of non-compliance with the handling of the Strub products or the application of the results of the services provided, we disclaim any liability.
10. 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.
Changes or additions to these terms and conditions require the explicit written agreement of the parties.