1. General information
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Eisenbart GmbH (hereinafter referred to as “Eisenbart GmbH” or “we”) and the customer (hereinafter referred to as “customer”, “business partner”, or “client”) concerning the sale of products and the provision of services (hereinafter referred to as “services”).
Conditions of the customer to the contrary are not recognised. Andere Bedingungen gelten nur, wenn diese ausdrücklich und schriftlich gegenseitig vereinbart worden sind. Die Eisenbart GmbH behält sich das Recht vor, diese AGB jederzeit zu ändern. Alle Änderungen werden sofort wirksam. Die Website der Eisenbart GmbH (www.eisen-bart.ch) wird betrieben von: Eisenbart GmbH, Neulandstrasse 29, 9430 St. Margrethen, CHE-
2. Conclusion of contract
Our written offers are subject to change and only become effective with our written order confirmation. With the written acceptance of the offer or with the acceptance of the offered service by Eisenbart GmbH, the client accepts the services listed in the offer under the conditions in these GTC. All orders must be placed in writing (by post or e-mail). In the absence of any agreement to the contrary, e-mails are deemed equivalent to written form. Other terms of delivery require our written confirmation in order to be valid.
Prices are net, ex works in accordance with INCOTERMS(EXW), excluding VAT and packaging payable in freely available Swiss francs. All types of taxes, levies, fees, duties and the like which are charged in connection with the contract shall be borne by the client. Graduated prices shall only apply to non-assorted quantities. Postage and packaging shall be charged separately at cost price. Dispatch shall be for the account and at the risk of the principal. The prices listed in our documents correspond to the prices valid at the time of
the price lists valid at the time of printing or publication of the catalogue or documents. We reserve the right to adjust prices at any time without prior notice due to changes in market conditions, inflation or exchange rate adjustments. Offers that do not contain a special time limit are valid for 14 days from the date of the offer. The minimum cost-covering net value of the order is CHF 100. We reserve the right to charge differential costs.
4. Special designs, customised solutions
The client alone assumes responsibility for the correctness of the drawings, designs, models or samples and their specifications provided to us. In addition, the client assumes responsibility for the manufacture and delivery of the products so that industrial property rights of third parties cannot be infringed. Offers and confirmations of customised solutions are always made on the basis of our estimate of the manufacturing effort. We reserve the right to withdraw from a delivery contract if unforeseen difficulties arise in production which cannot be solved with reasonable effort on our part. All expenses beyond normal consultation are not included in the price and will be invoiced separately, unless otherwise agreed. In the case of custom-made products, we reserve the right to under- or over-deliver up to 10% of the ordered quantity, unless otherwise agreed. A flat-rate fee may be charged for orders of special articles which require “no over- or under-delivery”.
5. Experimental tools
Eisenbart GmbH provides test tools for machining trials at the customer’s premises. Each business partner has the right to return a test tool after a trial period of max. six months against a credit note, without deductions. The tool must be in perfect condition. All used knives must be charged and cannot be returned. Damaged or worn parts cannot be returned for a credit note. A trial tool must be noted as such in writing at the time of order. If the goods are not ordered as a trial tool, Eisenbart GmbH is not obliged to issue a credit note for a return.
6. Delivery deadlines and delivery obligations
Delivery deadlines are set at our careful discretion, but they are not binding. The acceptance of orders with a prescribed delivery period shall not be deemed to be a promise of the delivery period. Claims for compensation due to late delivery are excluded. Even in the event of late delivery, the business partner is obliged to accept the goods, unless other agreements have been made. The obligation to deliver exists only on the basis of our order confirmation. Unforeseen events in the sense of force majeure, such as war, international tensions, riots, shortage of raw materials, operational disruptions, epidemics as well as pandemics, strikes, etc. release us from the obligation to deliver in part or in full. Deliveries on call are only binding if they have been expressly agreed.
Shipment shall be for the account and at the risk of the business partner. Without special instructions, we shall choose the mode of dispatch which appears to us to be the most advantageous. For express shipments we charge the additional freight costs.
Eisenbart GmbH’s packaging concept is environmentally friendly and climate neutral. Instead of cardboard boxes, the innovative kickbag packaging concept uses a type of reusable packaging. The return of the empty kickbags within Switzerland from the business partner to Eisenbart GmbH is part of the kickbag service. The special kickbag label must be used for this purpose. The franking on the kickbag label only applies to empty and correctly folded return kickbag items in Switzerland. Any incorrect franking of Kickbag items by the business customer is not within the sphere of influence and responsibility of Eisenbart GmbH. Accordingly, no costs will be assumed in this connection. If the contractual relationship is terminated, e.g. by cancellation, the business partner must immediately ensure that no further kickbag labels are put into circulation. Kickbags returned as goods and returns from abroad are not part of this agreement. However, if returns from abroad are and processed by Swiss Post, the additional costs incurred will be invoiced.
Delivery note number essential. Returned goods will be subjected to a quality control at Eisenbart GmbH. The parts must be in mint condition in order for a credit note to be issued for them. If the goods are damaged in transit or through the recklessness of the consumer, the credit note may be refused. All costs arising from the return transport will be charged to the sender or deducted from the credit note. The following goods cannot be returned:
Specially manufactured, customer-specific articles,
Articles which are no longer in the range,
Items that were delivered more than 120 days ago,
after the date on the invoice (invoice date). We reserve the right to reduce the amount of the credit note to this extent for expenses and repairs. No credit note will be issued for returns of less than CHF 30. For returns of goods that were delivered more than 3 months ago, a deduction of 25% will be made; for deliveries older than 6 months, a deduction of 50% will be made.
10. Terms of payment
Payments must be made within 30 days net from the date of invoice. In the event of late payment, we shall charge 5% interest on arrears above the respective discount rate of the Swiss National Bank. If the customary rate of interest on unsecured overdrafts with Swiss banks is higher, this higher rate shall apply. No interest shall be paid on advance payments. The retention or reduction of payments on the basis of complaints, disputes or claims of the business partner not expressly recognised is not permitted. Payment shall only be deemed to have been made when the full invoice amount has been irrevocably credited to the account of Eisenbart GmbH.
11. Retention of title
The goods delivered by us shall remain our property until payment has been made in full. If, according to the applicable legal system, the entry in a special register is required for the establishment of the retention of title, we are authorised to make this entry in the register. Goods which have not been paid for in full may neither be sold nor pledged nor otherwise encumbered with the rights of third parties. The right to sale in the ordinary course of the acquirer’s business. In this case, the purchaser shall assign his purchase price claim to us.
12. Notice of defects
The business partner must inspect the delivery immediately and notify us in writing of any defects found within two working weeks of receipt of the delivery, and of hidden defects within the same period after discovery. In the event of justified complaints or incorrect deliveries, the business partner shall set us a reasonable deadline for a delivery in conformity with the contract. However, we reserve the right to issue a credit note instead of a replacement delivery if the goods have not been further processed. The customer shall not be entitled to compensation or termination of the contract.
We only provide a warranty in accordance with the supplier’s scope of liability. All other claims are excluded. Warranty claims due to defects of the goods shall become statute-barred in any case after one year after delivery, unless other legal provisions exist. Excluded from the warranty are damages due to improper storage, natural wear and tear,
defective processing and disregard of regulations. Modifications or repairs carried out without our written consent shall release us from the warranty obligation. Technical advice given by us before and/or during the use of the products, whether verbally or in writing, is given in good faith but without warranty. Our advice does not release the business partner from his obligation to examine the products supplied by Eisenbart GmbH for their suitability for the intended processing and use. The risk of the use and processing of the products is borne exclusively by the customer. The exclusion of warranty for
technical advice does not apply to advice in connection with the manufacture of customised products, which goes beyond normal advice and can be invoiced separately by Eisenbart GmbH.
13. Product liability
All claims arising from product liability are excluded if and to the extent that this is permissible under the applicable legal system. We shall only be liable for claims for damages if the damage was caused intentionally or by gross negligence on our part. This also applies to any organisational fault. Liability for consequential damages of any kind is excluded to the extent permitted by law. This applies in particular to indirect damage and loss of profit.
The cancellation of orders requires our express written consent. Complaints about a delivery do not entitle the customer to cancel remaining deliveries of an order. We are entitled to withdraw from delivery obligations if we assess the customer’s financial situation more negatively than originally, as well as if this presents itself differently than it was presented to us. In the event of an order cancellation, a cancellation fee will be charged in the amount of all costs incurred up to that point, but at least CHF 100. If a call-off order is cancelled, the entire reserved.
15. Place of performance
The place of performance for deliveries is CH-9430 St. Margrethen.
The place of performance for payments is CH-9430 St. Margrethen.
16. Ownership & Copyright
Brochures and catalogues are not binding unless otherwise agreed. Specifications in technical documents are only binding if they have been expressly assured. All illustrations, graphic designs, presentation media and the article numbering system used in all our documentation (in printed and electronic form) are protected by copyright. Reprints and any kind of reproduction, including excerpts, are only permitted with the written consent of Eisenbart GmbH, CH-9430 St. Margrethen.
17. right of retention, retention of project documents
Eisenbart GmbH must carefully store documents of all kinds received from the client (e.g. technical drawings, contracts, notes, correspondence, etc., whether in the original, as a copy or in draft form) and only use them in direct connection with the execution of the order, or insofar as a legal obligation exists. Each Party shall retain all rights to technical documentation that it has
which it has handed over to the other party. The receiving Party recognises these rights and will not make the documents available to third parties, in whole or in part, or use them outside the purpose for which they were handed over to it, without the prior written authorisation of the other Party.
18. Data protection
If personal data about employees or business partners is exchanged between the client and Eisenbart GmbH, it must be handled with the utmost care and confidentiality and in accordance with the applicable legal provisions on data protection. The client shall obtain the consent required by law from its respective employees or business partners for data processing. The client agrees that Eisenbart GmbH may use the personal data of its contact persons that is necessary for the performance of the business relationship.
19. Place of jurisdiction
The place of jurisdiction is CH-9430 St. Margrethen. Our contractual partners expressly waive their right to the jurisdiction of their domicile.
20. Severability clause
If any provision of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same applies to any loopholes in these GTC.
21. Applicable law
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive law. The conflict of laws rules of private international law, the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions regulated in the Unidroit Agreement of 28 May 1988 are hereby expressly excluded. For legal entities, the sole place of jurisdiction is the registered office of Eisenbart GmbH.