1. scope of application
The following conditions apply to all contracts between the company Rolf Wüthrich as seller of the goods traded by it and its customers.
Any other terms and conditions of the buyer shall apply and are expressly excluded. The acceptance of the goods delivered by the company Rolf Wüthrich means that the customer waives the conditions of his own terms and conditions mentioned by him.
In any case, the following terms and conditions of the company Rolf Wüthrich are legally effective for the entire contract.
The company Rolf Wüthrich is entitled to adapt its GTC for future transactions at any time. The current version of the GTCs shall apply in each case.
2 Offers and area of application of the goods
All offers are subject to confirmation.
The goods supplied by us may only be used in the defined application. Any use outside the defined applications is not permitted and will invalidate the warranty. For other areas, the usual standards of the legislation apply.
3 Conclusion of contract
A purchase contract is only concluded when it is confirmed in writing by Rolf Wüthrich or, in the case of payment in advance, when the money has been received by Rolf Wüthrich.
Unless otherwise agreed, prices are quoted in Swiss francs, including VAT, which is shown separately, plus packaging, freight, postage and insurance.
If the procurement costs increase in the course of the order processing (price surcharge at suppliers, increase in transport costs, currency fluctuations of more than 2% and similar), we reserve the right to adjust the price accordingly.
In the event of a price increase in the course of order processing, the customer shall be entitled to withdraw from the order, provided that the price increase is not cancelled at his written request.
4 Delivery
Delivery is made from the warehouse of Rolf Wüthrich in Avenches VD.
The guaranteed delivery time will be adhered to as far as possible. Should the company Rolf Wüthrich be in default, the buyer can only withdraw from the contract after he has granted the company Rolf Wüthrich a reasonable period of grace of at least 2 weeks.
All claims of the buyer in case of non-delivery or late delivery are excluded.
5. terms of payment
Invoices are to be paid net on receipt.
Other terms of payment shall be specially agreed and confirmed.
The right of set-off against existing or asserted claims of the buyer is expressly excluded. The obligation to pay shall not be affected by asserted defects.
6. retention of title
The goods remain the property of Rolf Wüthrich until payment has been made in full.
7 Warranty for defects
Rolf Wüthrich shall only be liable for defects which are reported in writing within 8 days of receipt of the goods and which are demonstrably attributable to its fault or that of the supplier.
The company Rolf Wüthrich is not liable for the fault of vicarious agents. The liability of Rolf Wüthrich consists exclusively of the replacement of defective parts or the issuing of a credit note to the value of the returned goods.
8. place of jurisdiction and applicable law
Swiss law is exclusively applicable to any disputes. The place of jurisdiction is Payerne VD.