Terms and Conditions

General Terms & Conditions of Business

General Terms and Conditions of Sale and Delivery of TEKUSA AG

1. General

1.1 These Terms and Conditions of Business apply to deliveries both to
"contractors", i.e. to natural or legal persons or partnerships with legal capacity who enter into a business relationship with us within the scope of their commercial or independent professional activity, as well as deliveries to "consumers", i.e. to natural persons who enter into a business relationship with us outside of a commercial or independent activity.
1.2 All quotes, deliveries and services and the associated contracts between Tekusa AG as the supplier and the purchaser are bound by these Terms and Conditions of Business. Other conditions shall only apply if they have been agreed expressly and mutually in writing.
1.3 By making an order, the purchaser declares a desire to acquire the goods ordered. The contract shall become effective if we expressly confirm the order or if the order is processed through the delivery of the goods.
1.4 The content of advertising material and catalogues, as well as information in technical documents and assurances regarding properties shall not be binding unless expressly agreed in writing. The availability of the goods from the manufacturer shall remain reserved. Installation and operating instructions shall therefore only be included in the package contents if these have been provided by the manufacturer.
1.5 In the case of special tools manufactured on an individual basis, the purchaser shall assume responsibility for the accuracy of the specifications (drawings, dimensions, etc.) provided by him/her. To prevent errors and subsequent costs, these specifications shall always be provided in writing. Special tools cannot be taken back and are non-returnable.

2. Prices

2.1 Unless expressly agreed otherwise, all deliveries shall be supplied at the prices specified in the TekusaShop (www.shop.tekusa.ch).
2.2 The costs for shipping and packaging shall be charged separately. Depending on the Incoterms or shipping options selected or agreed at the order stage, additional costs can arise, e.g. tariffs, taxes, transport insurance, etc.
2.3 All prices shall include, if applicable, the relevant statutory value-added tax.
2.4 The purchaser shall check the invoice within a reasonable period of time; complaints relating to invoicing shall not be considered after the payment period has ended.

3. Payment conditions

3.1 The purchase price can be paid using the payment types available in the TekusaShop (www.shop.tekusa.ch) (invoice or advance payment).
3.2 For invoiced deliveries, the purchase price must be paid within 30 days after invoicing. Late payment without prior warning shall be subject to default interest of 8 percent.
3.3 Delivered goods remain the property of Tekusa AG until receipt of payment in full.

4. Delivery and shipping terms

4.1 The minimum merchandise value is CHF 30 per order (excl. shipping and packaging costs and value-added tax, VAT). Partial deliveries shall remain reserved, provided that this appears to be advantageous for efficient processing. Damage in transit must be reported immediately to the responsible shipping company.
4.2 The required or prescribed packaging may not be returned. Exceptions shall be noted specially.
4.3 The benefit and risk shall be transferred to the purchaser on delivery. Differing provisions in accordance with the Incoterms selected by the purchase shall remain reserved.
4.4 If the goods ordered are no longer available, the customer can choose to withdraw from the order or to refuse a suggested replacement item. The suggested replacement item can deviate in terms of quality and price.
4.5 The purchaser shall understand that of certain products (incl. software and documentation) can be subject to restrictions and approval,
e.g. due to the type, the intended use or the destination. The purchaser shall undertake to strictly respect all
applicable regulations on export controls and sanctions, particularly those in force in Switzerland, the European Union, the member states of the European Union and the USA.

5. Right of return

5.1 The purchaser can return the good supplied by us with 10 calendar days of the delivery date. For us to be able to back the goods, they must be in an unused and intact state and must be returned complete and in the original packaging.
5.2 For items which are manufactured individually, not stocked and procured specially for the customer, a right of return is excluded.
5.3 Returns are made at the cost and risk of the purchaser.
5.4 When the right of return is exercised effectively, we shall refund or credit payments that have already been received.

6. Warranty, service

6.1 The warranty period for deliveries to contractors is 12 months from delivery. For consumers, the statutory warranty period applies.
6.2 We guarantee that the goods are free from material and manufacturing errors. For products not manufactured by us, the guarantee conditions and services of the manufacturer apply.
6.3 The purchaser shall undertake to check each delivery immediately on receipt for damage and whether it is the correct delivery and quantity. Complaints must be made to us within 3 working days of receipt of the delivery. Defects which arise in the warranty period must be reported to us immediately. If no defects can be determined or these are not covered by the warranty, we can pass the costs for inspection and shipping on to the purchaser.
6.4 In the event of errors which are covered by the warranty, a repair or exchange for a product of the same value shall be carried our discretion or at the discretion of the manufacturer. Any further warranty shall be excluded; most notably, the purchaser shall not have the right to rescission or a reduction.
6.5 Furthermore, we shall carry out repair and service work of the goods supplied by us. The costs arising from this shall be borne by the purchaser. If a purchaser explicitly requests a cost estimate, the costs arising from this plus a handling charge shall be charged to him/her, even if he/she decides not to have the repair work performed or the order executed.

7. Liability

7.1 Any liability of Tekusa AG due to breach of contract, impossibility of performance, delay of delivery, warranty or any other legal reason is excluded to the extent permitted by law.
7.2 Under no circumstances shall compensation claims made by the purchaser be accepted for damages not arising on the delivery item itself, such as production downtimes, usage losses, order losses, third-party claims, loss of profits and other consequential and indirect damages.

8. Final provisions

8.1 Data protection: Personal data gathered from the purchaser shall be treated as confidential and with due diligence. For further information, refer to the privacy statement on our website www.shop.tekusa.ch
8.2 Amendments: We reserve the right to adapt or amend these Terms and Conditions of Business at any time.
8.3 Partial nullity: The ineffectiveness of individual provisions in these Terms and Conditions of Business or the supply contract concluded with the customer shall not affect the validity of the remaining provisions.
8.4 Applicable law: This contract and all legal relationships between the parties shall be governed by Swiss law to the exclusion of the UN Convention of the International Sale of Goods (CISG).
8.5 Place of performance and place of jurisdiction: Zetzwil or Beromünster, Switzerland shall be the place of performance and place of jurisdiction subject to mandatory statutory provisions. We reserve the right to take action against the purchaser at his/her seat or domicile.

März 2019 edition