General terms of sale and delivery

1. General and scope
The General Terms and Conditions stipulated below shall apply to each and every business transaction between PiranhaClamp AG and customer, provided that customer does not lodge any objection in writing immediately upon receipt of these General Terms and Conditions. The General Terms and Conditions shall prevail over any other terms and conditions of customer which are in contradiction to these present General Terms and Conditions, unless
PiranhaClamp AG expressly accepts said in writing. The General Terms and Conditions shall apply in all matters which are not mutually agreed upon otherwise in writing.
Unless a contrary agreement in writing is expressly made, the present General Terms and Conditions shall apply for each and every present and future business transaction, even if they are not expressly referred to in an individual order within the framework of an existing business transaction.
All agreements and relevant statements of the parties to the contract must be in writing in order to be valid.
2. Definitions
The term «customer» includes both purchaser and person ordering.
3. Conclusion of contract
Commissions and orders shall be accepted only in written form.
All offers made in the PiranhaClamp AG program catalog and price list are binding offers. The contract shall be considered concluded upon           PiranhaClamp AG’s written confirmation of acceptance of a commission or order upon receipt thereof. Verbal agreements shall be valid only if they are confirmed in written form.
4. Prices
All prices in the price list to the catalog are binding prices. They are considered not to include VAT, ex works and without packaging.
5. Payment
The invoices of PiranhaClamp AG shall be settled net in advance of delivery, unless otherwise agreed.
6. Liability of PiranhaClamp AG
6.1. The delivery to customer outside of the works shall be made at the risk of customer.
6.2. Delivery terms shall be observed to the greatest possible extent. Customer shall not be entitled to claim damages for delayed delivery or to rescind the contract.
6.3. The specifications and illustrations as contained in the prospectuses and catalogs of PiranhaClamp AG are not guaranteed. Variations are permitted.
6.4. Deliveries shall be checked by customer immediately upon receipt of the goods. Notices of defects shall be examined as to their justification only if they are received by PiranhaClamp AG in written and detailed form within 7 days upon receipt of the goods.
6.5. Goods which show a defect in material and/or manufacturing shall subsequently be repaired or replaced by PiranhaClamp AG provided that the defect was notified in a timely and due manner according to item 6.4 and that less than a year has passed since the goods were ready to be delivered at the works of PiranhaClamp AG.
6.6. Any further warranty and any liability of PiranhaClamp AG shall be excluded. Consequential damage shall be excluded from liability.
7. Delay
If the goods of PiranhaClamp AG are not available to customer at the agreed time, customer shall not be entitled to withdraw from the contract or to claim damages.
8. Insurance
PiranhaClamp AG is insured against third party liability.
The subscription of property insurance, and particularly transport insurance, is at customer’s discretion.
9. Amendments or supplements of the contract
Obligations other than those stipulated in writing in the present contract shall not be valid. Additional subsequent agreements must be in writing.
10. Place of performance and payment
Place of performance and payment shall be Steinhausen.
11. Applicable Law/jurisdiction
The parties to the contract agree that Swiss law shall govern. Applicability of the United Nations Convention on Contracts for the International Sale of Goods (WKR/CISG) is expressly excluded.
The parties to the contract agree that all disputes arising out of or in connection with this contract shall be settled by the competent ordinary courts at the domicile of PiranhaClamp AG in 6312 Steinhausen, Switzerland. However, it is left to the discretion of PiranhaClamp AG to take recourse to the ordinary courts at the domicile or legal residence of customer.

A contract with PiranhaClamp AG shall only be concluded, if the orderer unreservedly recognizes the general terms of sale and delivery printed on the rear side of the confirmation of order.