Terms and Conditions
PiranhaClamp GmbH General Terms and Conditions of Sale and Delivery
1 General and scope of application The following General Terms and Conditions apply to business transactions between PiranhaClamp AG and the client, unless the client immediately raises an objection in writing after receipt of these General Terms and Conditions. They take precedence over any other conditions of the client, unless PiranhaClamp AG expressly accepts them in writing. They apply to all points that are not mutually regulated in writing in another way. Until an explicit written agreement to the contrary, these conditions apply to all current and future business transactions, even if an individual order within the framework of an existing business relationship no longer explicitly refers to these conditions. All agreements and legally relevant declarations of the contracting parties must be in writing in order to be valid.
2 Definition of Terms The term "Customer" shall also include Buyer and Purchaser.
3 Conclusion of contract Contracts and orders are only accepted in written form. The offers of PiranhaClamp AG in catalogs and price lists are binding. The contract is considered concluded when PiranhaClamp Ltd. has confirmed its acceptance in writing after receipt of an order. Verbal agreements are only valid if they have been confirmed in writing.
4 Prices All prices in the price lists for catalogs and brochures are binding. They are exclusive of VAT, ex works and unpacked.
5. payment The invoices of PiranhaClamp AG are payable net before delivery of the goods, unless otherwise agreed.
6 Liability of PiranhaClamp AG
6.1 The delivery to the customer outside the factory is at the risk of the customer.
6.2 Delivery deadlines will be met as far as possible. Claims for damages due to late delivery and withdrawal from the contract are excluded on the part of the customer.
6.3 The information and illustrations in the brochures and catalogs of PiranhaClamp AG do not represent any assurances. Deviations are permissible.
6.4 Deliveries must be inspected by the customer immediately after receipt of the goods. Complaints will only be examined for their justification if they are received by PiranhaClamp AG in writing and in detail within 7 days after receipt of the goods.
6.5 PiranhaClamp AG will repair or replace goods that have a material defect and/or a processing defect, provided that the notice of defect is made in accordance with point
6.4 has been made in due time and less than one year has elapsed since the goods were ready for call-off at the PiranhaClamp AG factory.
6.6 Any further warranty obligation of PiranhaClamp AG is excluded and any liability of PiranhaClamp AG is excluded. Consequential damages are excluded from liability.
7. delay If the goods of PiranhaClamp AG are not available to the client at the agreed time, the client is neither entitled to withdraw from the contract nor to claim damages.
8. insurances PiranhaClamp AG is insured against liability. The conclusion of property insurance, in particular transport insurance, is the responsibility of the client.
9. amendment or supplementation of the contract Obligations other than those stipulated in writing in this contract do not apply. Additional, subsequent agreements require the written form.
10 Place of performance and payment The place of performance and payment shall be Steinhausen.
11 Applicable law/place of jurisdiction The contracting parties agree that Swiss law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. For any disputes arising from this contract, the parties agree to the jurisdiction of the ordinary courts at the registered office of PiranhaClamp AG in CH-6312 Steinhausen. PiranhaClamp AG is, however, free to call upon the ordinary courts at the domicile or place of residence of the client instead. A contract with PiranhaClamp AG is only concluded if the client unconditionally accepts the General Terms and Conditions of Sale and Delivery printed on the reverse side of the order confirmation.