General Terms and Conditions (GTC) RETERO GmbH
1 General
1.1 The following terms and conditions of delivery shall apply to all offers and contracts of RETERO GmbH
1.2 Any other terms and conditions of the customer shall only be valid if they have been expressly accepted by RETERO GmbH in writing.
1.3 All agreements and legally relevant declarations of the contracting parties must be made in writing in order to be valid.
2 Scope of deliveries and services
2.1 Our deliveries and services are exhaustively listed in the order confirmation (including any annexes and enclosures).
3 Prices
3.1 Prices are quoted net, ex works, in Swiss francs, excluding packaging, transport, insurance and any sales tax on goods.
4 Terms of payment
4.1 The payment period is 30 days net from the invoice date.
4.2 Payments shall be made by the customer at the domicile of RETERO GmbH without deduction of discounts, expenses, taxes and fees of any kind. Any other terms of payment shall be agreed separately.
4.3 In the event of late payment, RETERO GmbH reserves the right to immediately suspend planned deliveries and shall be entitled to charge default interest of 4% p.a.
5 Delivery period
5.1 The delivery period shall commence upon acceptance of the order by RETERO GmbH and after all technical issues have been fully resolved.
5.2 The delivery period shall be extended appropriately:
-if the information required for the fulfilment of the order is not received by RETERO GmbH in good time, or if it is subsequently amended by the customer;
-if payment deadlines are not met or letters of credit are opened too late;
-if obstacles occur which RETERO GmbH cannot avert despite exercising due care, irrespective of whether they occur at RETERO GmbH, at the customer or at a third party. Such hindrances are events of force majeure, for example epidemics, mobilisation, war, riots, significant operational disruptions, accidents, labour disputes, delayed or faulty delivery of the required raw materials, semi-finished or finished products, rejection of important workpieces, official measures or omissions, natural disasters.
6 Delivery, transport and dispatch
6.1 The products shall be carefully packed by RETERO GmbH. The packaging will be charged to the customer.
6.2 Special requests regarding despatch and insurance must be notified to RETERO GmbH in good time. Transport shall be at the expense and risk of the customer. Complaints in connection with the transport must be reported by the customer immediately upon the last carrier immediately upon receipt of the delivery or the freight documents.
6.3 Insurance against damage of any kind is the responsibility of the customer. Even even if it is to be taken out by RETERO GmbH, it shall be for the account of the customer.
7 Delivery quantity
7.1 Unless otherwise agreed, RETERO GmbH reserves the right to deliver 10% more or delivery of 10% of the order quantity. Exceptional events and the resulting quantity deviation during completion remain reserved.
8 Inspection and acceptance of the delivery
8.1 The customer must inspect the delivery within 4 working days of receipt and notify RETERO GmbH immediately in writing of any defects. If he fails to do so, the terms of delivery and services shall be deemed to have been approved.
9 Warranty and liability
9.1 RETERO GmbH warrants that the products supplied by it are free from manufacturing and material defects.
9.2 Warranted characteristics are only those that are expressly designated as such in the order confirmation or instructions for use are expressly designated as such. The warranty is valid until the expiry of the warranty period at the latest.
9.3 Should the products be defective, the customer may demand a replacement delivery during the warranty period of one year from delivery or notification of readiness for despatch, or demand rectification of the defect by RETERO GmbH.
9.4 If a defect within the meaning of Article 9.3 is not remedied within a reasonable period of time by replacement delivery or elimination of the defect by RETERO GmbH, the customer may reduction of the purchase price or cancellation of the contract.
9.5 The warranty shall expire prematurely if the customer or third parties carry out improper modifications or repairs or if the customer, in the event of a defect, does not immediately take all appropriate measures to minimise damage and give RETERO GmbH the opportunity to remedy the defect.
9.6 Excluded from the warranty and liability of RETERO GmbH are Damage that cannot be proven to have been caused by poor materials, faulty design, poor workmanship or other reasons for which RETERO GmbH is not responsible.
9.7 The customer shall not be entitled to claim damages for defects in material, design or guaranteed characteristics, the customer shall have no rights and claims other than those expressly mentioned in Articles 9.3 and 9.4.
9.8 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these terms and conditions. In particular, all claims for damages, reduction in price, cancellation of the contract or withdrawal from the contract not expressly mentioned are excluded, insofar as this does not conflict with mandatory provisions of product liability law.
10 Tools and equipment
10.1 Tools and equipment manufactured for the fulfilment of an order shall remain our remain our exclusive property, even if they are charged to the customer in whole or in part or partially charged to the customer.
11 Applicable law
11.1 This contract shall be governed exclusively by Swiss law.
12 Place of jurisdiction
12.1 The place of jurisdiction is the registered office of RETERO GmbH or Andelfingen.
13 Offers and conclusion of contract
13.1 The contract shall be deemed to have been concluded when RETERO GmbH, after receipt of an order has confirmed its acceptance in writing.
13.2 Quotations that do not contain an acceptance period are non-binding.
13.3 Quotations are always subject to increases in the price of materials and energy
- regulations in the country of destination
14.1 The customer must inform DPM of the legal, official and other regulations and requirements in the country of destination, and other regulations and standards that affect the execution of the deliveries and services, the operation and the prevention of and accident prevention.