Delivery and payment conditions
1. General
All orders are accepted and executed on the basis of the following terms. By placing an order, the Buyers shall accept these Terms and Conditions of delivery and payment, as well as the Hamotec AG General Terms and Conditions.
Other terms and conditions shall apply only if they have been expressly mutually declared in writing.
2. Prices and payment conditions
The sales prices valid on the day of delivery shall apply. Hamotec AG reserves the right to make changes to prices due to changes in market conditions. In the absence of any other agreement, the billing amounts shall be net without deduction of any kind payable within 30 days. On expiry of the payment limit, payment default shall occur without warning. After the second reminder, fees amounting to CHF 50.00 shall be charged per reminder. Default interest will be charged as is customary in the industry. In the event of a delay, all invoices from the business relationship will immediately become due for payment. Our invoices are payable within 30 days net, without discount.
3. Deliveries
Deliveries will be free by truck above a net invoice value of Fr. 400.00. Additional costs for express freight will be paid by the customer. Special packaging will be charged on a time and material basis.
4. Benefits and risks
Benefits and risks pass from Hamotec AG to the customer with delivery of the goods from the factory, warehouse or workshop even if the delivery is carriage paid, under a similar clause or including installation. Insurance of the goods against damage or loss during transport is the responsibility of the purchaser. Any damage during transit must be notified to Hamotec AG and the transport company immediately on acceptance of the goods and concealed transport damage must be notified within 8 days at the latest.
The type of shipment will be elected by Hamotec AG. Specific customer requirements and express charges will be charged at cost price. Part deliveries are permitted. Goods will only be forwarded by truck if they exceed a length of 2 m. Specified delivery dates apply subject to unforeseen obstacles, such as force majeure, strikes, operational shutdowns, damage to production facilities, non-delivery or delayed delivery from suppliers. Deadlines missed for whatever reason on no account give the customer the right to withdraw from the contract or claim damages, including consequential damages.
5. Notifications of defects and complaints
Complaints due to defects, incompleteness or incorrectness must be notified in writing within 8 days of receipt or installation of a shipment. Hamotec AG shall be liable only for defects within the framework of the following warranty provisions. Further claims are also excluded even in the event of timely notification of the defect.
6. Warranty
We offer a warranty on the entire product range for 1 year from the date of invoice. This functional and material warranty includes both the value of the defective material and the labour costs for repair. The warranty shall be limited to the assured properties with regard to the standards or specifications in the individual product descriptions. The information in the respective most recent edition of our catalogues and brochures shall apply as the warranted properties. Changes to standards are expressly excluded from this warranty.
Furthermore, no liability shall be accepted for damage resulting from the following: unsuitable or improper use, incorrect installation or operation by the customer or third party, natural wear and tear, improper or negligent treatment or external vandalism. No liability is accepted for the cost of dismantling or reassembly, for damage caused directly or indirectly by the delivered goods, their use or even their defects.
7. Liability
In terms of the assurance of properties, Hamotec shall only be liable if it has expressly agreed to specific properties. Explicitly excluded are all claims for damages for direct and indirect consequential damages unless it can be proven Hamotec AG has been guilty of intentional or gross negligence. Hamotec shall only be liable for the third-party products supplied to the extent that the suppliers of Hamotec accept and fulfil their warranty for their products to Hamotec.
8. Exchange, return of goods
Mass-produced articles delivered in accordance with the order cannot be exchanged nor returned. The exchange and return of goods is only possible with the agreement of Hamotec. The resulting transport and packaging costs shall be borne by the customer. The returned goods must be in a re-saleable condition and conform to the current state-of-the-art.
Hamotec reserves the right to charge the customer for any costs resulting from inspection, cleaning and restocking.
9. Retention of title
Hamotec shall retain ownership of the goods supplied until the purchase price has been paid in full.
10. Place of performance and jurisdiction
The place of performance and jurisdiction for all rights and obligations arising from the transactions for both parties shall be the head office of Hamotec AG. However, the customer can also prosecute at his head office or before any other competent authority. Swiss law shall apply.
Should one of more of the provisions of these General Terms and Conditions prove to be ineffective, void or incomplete, then the effectiveness of the remaining provisions shall remain unaffected by this.