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General Terms of Sale

 The General Terms and Conditions (GTC) are an integral part of every purchase contract. Deviating agreements must be made in written form (written or by email), and they take precedence over the purchaser’s terms of purchase unless the seller has explicitly accepted those terms in writing as binding.

Binding Nature of Information

Binding Nature of Information

Purchase Price / Payment of Purchase Price

1. Prices

  •  Prices are stated in Swiss Francs (CHF) (or in Euros, if applicable) and are net prices, ex works (EXW – Incoterms 2020).
  • The purchase price is strictly net, excluding VAT or any other surcharges.
  • It is expressly clarified that the prices do not include packaging, disassembly, or reassembly. Adaptations to national, cantonal, local, or building-specific regulations of the buyer are also not included unless otherwise agreed in writing.  

2. Payment Terms

  • Payments must be made under the agreed payment terms and in the agreed currency without any deductions.
  • The buyer is in default without notice if a payment is overdue.
  • In case of payment default, the seller may suspend its own obligations and demand default interest of at least 6% per annum.
  • Seller's employees are not authorized to accept payments.  

3. Reservation Payment  

  • Typically, the buyer pays a pre-agreed reservation payment in advance.
  • The seller confirms receipt of the reservation payment and simultaneously guarantees that the item will be reserved for the buyer.  

4. Final Payment  

  • The buyer shall make the final payment before the scheduled disassembly or pickup.
  • The item can only be dismantled or picked up after full payment has been received in the seller’s account and confirmed.  

5. Withdrawal and Forfeit Fee

  • If the buyer withdraws from the purchase after making the reservation payment, this payment will be considered a “forfeit fee.”
  • If the item is not picked up within the agreed timeframe, this will be considered a withdrawal by the buyer. In this case, the reservation payment is also treated as a “forfeit fee.”
  • The seller may withdraw from the contract in case of default and claim compensation for damages.  

6. Retention of Title and Registration

  • The buyer acknowledges that the seller remains the owner of the delivered item until full payment has been made.
  • The seller is entitled to register the retention of title in the appropriate register without the buyer's cooperation.  

7. Restrictions Until Transfer of Ownership

  • Before the transfer of ownership, the item may not be pledged, used as collateral, or relocated without the seller’s written consent.

8. Change of Buyer’s Address

  • In the event of a change of address, the buyer must notify the seller without delay.  

9. Warranty / Liability

  • By concluding the contract or paying the invoice, the buyer confirms their knowledge of the item, its condition, and functionality.
  • Delivery or sale is made “as seen ex works,” without any guarantee and/or warranty.
  • Liability for the item, including disassembly, transport, and reassembly, transfers to the buyer upon handover.

10. Disassembly / Dismantling

  • The buyer assumes responsibility for the disassembly of the machine and any building modifications required for the process.
  • The buyer must dismantle the machine properly in accordance with the specified instructions and safety standards.
  • Any damage to the machine or surrounding structures due to improper dismantling is the buyer’s responsibility. This includes damage due to improper handling, transport, or disassembly.
  • It is the buyer’s responsibility to secure appropriate insurance to cover potential damages or losses during disassembly.  

11. Miscellaneous Provisions

  • Deviating and/or additional provisions must be agreed in writing.
  • The place of jurisdiction for disputes arising from this contract is the seller’s registered office in Kaltbrunn, SG, Switzerland.
  • This contract is governed by Swiss law, excluding the principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).