These general terms and conditions always apply to our deliveries and services, insofar and as far as between us as a seller or service provider and the customer is not agreed and in writing something else has been agreed. Insofar as the general and special terms and conditions contain no regulations, the Swiss Code of Obligations applies. Acceptance of the ordered goods or acceptance of the delivered service in any case means acceptance of these “General Terms and Conditions” by the customer. All terms and conditions of the customer are not binding for our deliveries and services, even if they are not expressly objected to on our part. The term “services” encompasses both services provided by Bathan AG under contract and works contract law.
2. Order, Prices and Payment
The subject matter and the scope of the service owed are defined exclusively by the written offer of Bathan AG, which was accepted by the customer, or by the order of the customer confirmed in writing by Bathan AG. Changes or additions to the scope of delivery or service must always be in writing. Unless otherwise stated, VAT is not included in the prices. Invoices are due for payment within 30 days of delivery. If noted in writing in the invoice, a discount on i.H.v. 2% granted.
The packaging will be charged at cost and does not need to be returned by Bathan AG. Boxes, pallets, etc. are charged separately.
4. Shipping / Rates
Any increases in tariffs and fees, such as transport charges, insurance premiums, customs duties, etc. occurring after conclusion of the contract shall be for the account of the customer, even if we have taken over transport, insurance, customs clearance, etc .; Discounts are credited to the customer. An order is deemed to have been delivered if the transport company has unloaded the goods at the place indicated. A service is considered as accepted at the latest when the bill is paid.
5. Quantity tolerances
For custom-made products, we reserve the right to an excess or short delivery of 10%.
6. Force Majeure
Force majeure events absolve us of compliance with the agreed fulfillment deadlines. Force majeure events include u.a. Mobilization, war, acts of sabotage, strikes, lockouts, civil unrest, demonstrations, revolution, governmental orders, shortages of raw materials, flood, storm, fire and other natural hazards, as well as any other unforeseen disruption to the operation of Bathan AG or its suppliers. These also include events that make our performance temporarily or permanently impossible or economically unreasonable.
7. Control of delivery and service
The delivered goods are to be checked upon receipt by the customer, but in any case before a possible
Processing. Services are after their provision, at the latest before use of the order result
to consider. Complaints relating to weight or quantity as well as complaints concerning the quality of the goods or services are only valid if they are notified to us in writing within 8 days after receipt of the goods or acceptance of the service and we can check them on site. If the customer fails to do so, Bathan AG is released from any liability (as far as permitted by law).
8. Late payments
If the customer does not comply with the specified terms of payment or if he becomes insolvent, all our credit balances towards him, irrespective of the agreed payment dates, are due for payment and can be claimed by us immediately. If the customer defaults on a payment, we also have the right to suspend our services and / or withdraw from the contract without specifically warning the customer. The customer has to pay us full compensation for the damage incurred. We are also entitled to cancel all orders already confirmed to the customer but not yet executed or in progress without notice.
9. Liability of Bathan AG
In the case of justified complaints or complaints, our liability is limited to the free replacement of the objected or defective goods or repair of the owed service. In addition, the customer has no further claims against Bathan AG. Thus, the customer has no right of cancellation, reduction or any damages, such as because of lost profits. Also excluded are claims of the customer for compensation for indirect, direct or indirect damage or consequential damage as well as all other costs incurred by the customer in connection with the goods or services complained of. The mandatory provisions of the Federal Product Liability Act remain reserved. From verbal information of our staff, the customer can not guarantee for properties of the material or for the application in individual cases and thus no liability on our part. In the case of non-compliance with the rules regarding the handling of the products or the application of the results of the services provided by Bathan AG, we disclaim any liability.
10. Place of Performance, Jurisdiction and Applicable Law
Place of fulfillment is Cham, Zug. The place of jurisdiction for all disputes arising in connection with our deliveries and services is Cham, Zug. It is subject to Swiss substantive law (to the exclusion of the CISG).
Changes or additions to these terms and conditions require the explicit written agreement of the parties.
Bathan AG, Cham, 01. Juni 2018