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General conditions of sale of KVT-Fastening Branch of Bossard Ltd
2. Formation and Modification of Contract
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. The customer always receives an electronic invoice (e-mail, EDI etc.). If the customer wishes, invoices can also be sent out by post. An additional processing fee of CHF 5.- is charged for each individual physical invoice. 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
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.
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.
9. 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.