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General conditions of sale of KVT-Fastening Branch of Bossard Ltd

Version 12/2012

1. Scope

The General Conditions of Sale in their current or future edition shall apply to each and any transaction whatsoever between KVT-Fastening Branch of Bossard Ltd (hereinafter called «KVT») and its customers. KVT accepts no further commitments and obligations with the exception of those covered by its prior express written consent. Such a consent shall not go beyond the particular transaction for which it was given. Any of KVT’s customers’ terms different from or additional to KVT’s General Conditions of Sale shall not apply without KVT’s express written consent.

2. Formation and Modification of Contract

All offers are made by KVT without any commitment or engagement whatsoever. Orders which have neither been confirmed in writing nor invoiced shall not be deemed accepted by KVT. Any modification of or addition to an accepted order shall not apply unless confirmed by KVT in writing.

3. Price

All prices invoiced or confirmed by KVT shall not bind KVT with regard to eventual excess deliveries, short deliveries or supplementary orders. KVT reserves the right to charge increased prices in case of excess deliveries, short deliveries or supplementary orders.
All prices confirmed by KVT are based on the market conditions, terms of trade and currency exchange conditions known to KVT on the day of confirmation. In case that deteriorated terms of trade, currency exchange conditions or market conditions affect the prices before shipment, KVT reserves the right to increase such prices accordingly.
All prices invoiced or confirmed by KVT are net prices ex KVT’s factory. The Swiss Value Added Tax, costs, duties of carriage, freight, packaging, wrapping and insurance are not included but charged separately. Wrappings will not be taken back. 

 

KVT reserves the right to apply minimal invoice amounts, to charge handling costs and to cancel rebates in case of small orders.
Minimum value per order is CHF 50.—, except those placed with the E-Shop of KVT.  All invoices of KVT are payable within thirty days net from the date of invoice. If KVT does not receive the full payment within the above payment term, customer will, without being reminded thereof by KVT, automatically fall in default upon expiration of such term. If so, KVT is entitled to charge 7% interests on arrears plus costs.

4. Delivery Terms

KVT tries to meet the delivery term proposals of its customers whenever possible. However, KVT is not able to guarantee any terms of delivery and its respective indications or confirmations are made without commitment. Therefore, delayed deliveries do not trigger any default on the part of KVT and its customers are not entitled to rescind the contract or claim damages based on delayed deliveries.

5. Excess, Short, Part Delivery / Benefit and Risk / Force Majeure

If Force Majeure affecting KVT and/or its suppliers and/or occurring in transit prevents KVT partly or wholly from performing its obligations, KVT is entitled to cancel the respective orders to that extent without any indemnity. Force Majeure is deemed to be any event or occurrence beyond KVT’s reasonable control, which affects the performance of the contract.
KVT reserves the right to make technically caused short and excess deliveries of up to 10%. Art. 3, above, applies. KVT is in any case whatsoever entitled to discharge its delivery obligation by partial shipments. 

 

Benefit and risk shall pass to the customer upon dispatch, that is as soon as the shipment leaves the premises of KVT. It is up to the customer to insure the shipment against damages and losses in transit.

6. Warranties and liability

Provided that its products are used in conformity with their intended use, KVT exclusively and solely warrants their technical specification as contained in the latest data sheets submitted to the customer. Data and product specification have been established based on own tests and applications in practice. They are of information value only. KVT recommends the user to make his own tests, also as to long time behaviour. The user is responsible for any potential steps and consequential damages.
Customer shall notify KVT in writing of any apparent defects within 14 days from receipt of the respective shipment. KVT does not answer for any apparent defect notified or discovered later. Customer shall notify KVT in writing of hidden defects within 7 days from their discovery. KVT does not answer for any hidden defect notified later. Any warranty against defects, in particular against hidden defects, including those not yet discovered, expires after 12 months from receipt of the respective shipment. 

 

In case of timely notified defects, KVT shall have the right to inspect and examine such defects or damages through its own staff and/or through experts of its choice.
If KVT recognises a timely notified defect which is covered by the warranty as defined in para. 1 of this article, KVT undertakes to remedy such defect and any damages eventually resulting therefrom exclusively and solely by replacement, repair or credit, in each case up to the invoiced amount as KVT thinks appropriate in its sole discretion.
Every further regress claims towards KVT are fully and explicitly excluded.

7. Exclusion of Warranties and liability

Any warranty or liability originating from the contract or from tort beyond Art. 6 is expressly excluded. In particular, KVT does not answer for defects or damages attributable to overcharge or improper storage and/or any other improper or inadequate treatment or use of its products, for defective design (design defects) and/or failure to instruct or warn (warning defects), for any representations, statements, comments or remarks made by KVT’s sales personnel, and for any injury to persons and/or tangible or intangible property attributable to the defects or the use of KVT’s products.
In case of defects covered by KVT’s warranty (Art. 6 para. 1), any remedy or claim other than replacement or repair or credit up to the invoiced amount is excluded. Such exclusion applies in particular to any claim for termination of the contract, for price reduction or for any consequential or incidental damages whatsoever. Any claim based on material error is excluded. 

Defects covered by KVT’s warranty must be discovered and notified within the notification periods set forth in Art. 6 para 2. Defects not so discovered and notified shall be considered to be accepted by the customer.
Technical specifications and dimensions are subject to changes and are not being updated in the technical data sheets until the next edition. Liability due to incorrect information cannot be accepted.

8. Returns

We will only accept and give credit for goods incorrectly ordered or no longer required and sent back to us if we have stated our willingness to do so in writing in advance and a copy of this confirmation of willingness to accept the returns is included with the consignment papers. Failing this, the goods will be sent back to, and at the expense of, the consignor. In this case, we will raise a handling charge in respect of goods with a value of up to CHF 200.— net.

9. Contracts for Work

KVT’s General Conditions of Sale shall also apply to contracts for work. 
In case of contracts for work, KVT is entitled to delegate or assign performance in its sole discretion in whole or in part to any third party.All tools, patterns and other devices produced in connection with a contract for work remain the property of KVT, regardless of whether KVT charges its respective costs or not. All confirmations of orders for work and special executions are based on KVT’s estimated production costs. 
In case of unforeseeable difficulties arising during the manufacturing process, KVT is entitled to charge any costs resulting from its reasonable efforts to surmount such difficulties. If KVT is unable to surmount such difficulties other than with unreasonable efforts, it is entitled to invoice any work done and all its expenses and to withdraw from the contract without having to indemnify the customer.

10. Intellectual Property Rights

Trademarks, drawings, designs, know-how and projects remain the property of KVT. It is not allowed to use, copy or otherwise reproduce them, or to pass them on to or make them otherwise available to third parties without KVT’s prior express written consent.

11. Retention of Property

Any product delivered by KVT remains its property until full payment of the invoiced purchase price is effected and the title to any such product shall only pass to the customer upon full payment of the invoiced purchase price.

12. Safety Regulations / Use in accordance with regulations

It is the exclusive and sole responsibility of the customer to comply with any applicable safety regulations and to instruct its personnel accordingly.

13. Prevailing Text

KVT’s General Conditions of Sale, originally established in German, have been translated into French and English. In case of discrepancies, the German text shall prevail.

14. Place of Performance, Forum and Governing law

Place of Performance and Jurisdiction shall be Dietikon, Switzerland. Swiss Law shall apply.
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