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Allgemeinen Geschäftsbedingungen:

Allgemeinen Geschäftsbedingungen (AGB) 


The General Terms and Conditions (GTC) are an integral part of every purchase contract. Deviating agreements must be made in text form (in writing or by email), and they take precedence over the buyer's purchasing conditions, unless the seller has expressly acknowledged these conditions in text form as binding.


Binding nature of informationn:

Information in operating manuals, catalogs, brochures, etc. is only binding if explicitly referred to in the contract.


Contractual adjustments::

The scope of delivery is defined by the contract. Changes or additions require written form. This also applies to customer-specific requirements for the processing of workpieces.

 


  • Prices are stated in Swiss Francs (or Euros if applicable) and are net prices, ex works EXW (Incoterms 2020).
  • The purchase price is net, excluding VAT or other surcharges.
  • It is clarified that prices are unpackaged and do not include disassembly and assembly. Adaptations to country-specific, cantonal, local, and house regulations of the buyer are also not included, unless otherwise agreed in text form.
  • Payment must be made under the agreed terms and in the agreed currency without deduction.
  • The buyer is in default without a reminder if payment is overdue.
  • In the event of default, the seller may suspend their own obligations and demand default interest of at least 6% per year.
  • Seller’s employees are not authorized to accept payments.
  • The buyer usually makes a previously agreed reservation payment in advance.
  • The seller confirms receipt of the reservation payment and simultaneously guarantees that the purchased item is reserved for the buyer.
  • The buyer makes the final payment before the scheduled dismantling or pickup.
  • The purchased item may only be dismantled or picked up after full payment has been received in the seller’s account and confirmed.
  • If the buyer withdraws from the purchase after making a reservation payment, the reservation payment is considered a “forfeiture fee.”
  • If the item is not picked up within the agreed period, the buyer is considered to have withdrawn from the purchase contract. In this case, the reservation payment is also considered a “forfeiture fee.”
  • The seller may withdraw from the contract in case of default and claim damages.
  • The buyer acknowledges that the seller remains the owner of the item until full payment is made.
  • The seller is entitled to register the retention of title in the relevant register without the buyer's cooperation.
  • Before the transfer of ownership, the item may not be pledged, transferred for security purposes, or moved to another location without written consent from the seller.
  • In the event of a change of residence, the buyer must inform the seller immediately.
  • By concluding the contract or paying the invoice, the buyer confirms knowledge of the item, its condition, and its functionality.
  • Delivery or sale is made “ex works as seen,” without guarantee and/or warranty.
  • Liability for the item, including disassembly, transport, and assembly, passes to the buyer upon handover.
  • The buyer is responsible for dismantling the machine and all necessary modifications to buildings to carry out the dismantling.
  • The buyer is obliged to dismantle the machine properly according to the specified instructions and safety standards. Any damage to the machine or surrounding structures due to improper disassembly is the buyer’s responsibility.
  • Any damage to the machine, buildings, or third parties arising during dismantling is borne by the buyer. This includes damage caused by improper handling, transport, or disassembly.
  • It is the buyer's responsibility to obtain appropriate insurance for dismantling to cover any damage or loss.
  • Deviating and/or supplementary provisions must be agreed upon in writing.
  • The place of jurisdiction for disputes arising from this contract is the company’s registered office in Kaltbrunn, SG Switzerland.
  • This contract is subject to Swiss law, without regard to the principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).