General terms and conditions of delivery and sale
the SWIT UG (limited liability) in Neubeuern
I. General information
These conditions apply to all business relations between SWIT UG (haftungsbeschränkt), Am Birbet 5 in D-83115 Neubeuern, hereinafter referred to as supplier, and the customer. They are considered with the reference to the valid AGB`s under www.switplus.com as recognized and received, and do not have to be countersigned any more expressly. The AGB's present in the respective current version replace all previous versions for all business transactions.
II. acceptance of contract
Orders and purchase orders only become binding upon confirmation of order by the supplier. This can also be done tacitly by the supplier initiating the delivery process. Amendments and supplements must be made in writing. Any other terms and conditions of purchase of the Purchaser shall only bind the Supplier if they have been expressly accepted by the Supplier.
III. prices and terms of payment Unless otherwise agreed, all prices are ex works excluding the statutory value added tax. Our invoices are payable immediately upon readiness for delivery, or as otherwise agreed in writing. Any default in payment shall be calculated at the usual bank interest rate and shall occur in any case from the 1st day after the payment deadline has been exceeded. Reminders or reminders need not be issued for this purpose.
IV. Delivery and acceptance obligations
If delivery dates have been agreed with the customer, these shall be deemed to have been complied with upon notification of readiness for dispatch in due time. Appropriate partial deliveries as well as reasonable deviations from the ordered quantity are permissible. If the customer does not fulfil his acceptance and/or payment obligation within 30 calendar days, the supplier can sell the delivery item independently after notification. This does not release the customer from his original contractual obligations. Any returns of delivery items presuppose a perfect condition of the goods, undamaged original packaging and freight-free delivery.
V. Packaging, dispatch, transfer of risk
Unless otherwise agreed, the supplier shall choose the packaging, type and route of dispatch at his own discretion. The risk of loss/damage etc. shall pass to the customer upon leaving the supplier's works, even in the case of carriage paid delivery, or, in the case of forward orders, upon notification of readiness for dispatch and storage at the supplier's premises. At the written request of the customer, the goods can be insured at his expense against transport/warehouse damage or other risks. The shipping costs shall be borne by the customer/client, unless otherwise agreed.
VI. retention of title
All delivery items (in particular sample and commission goods) shall remain the property of the supplier until the agreed prices have been paid in full, as well as all claims already existing at the time of delivery, and shall only be lent to the customer/client until the reservation of title has been dissolved. As long as the retention of title exists, resale, pledging, transfer by way of security, retention against set-off or other transfer - also to third parties - is only permitted with the consent of the supplier. The customer/dealer already now assigns his claims from the resale or transfer of the goods to the supplier.
VII Warranty and notice of defects
Unless otherwise agreed in writing, the supplier warrants that the goods are free from defects It. of the currently valid laws as of delivery. Accumulators and batteries are excluded from the warranty, even if they are an important part of a delivered product. The warranty is limited, at the supplier's option, to repair or replacement of the defective goods. There shall be no claims for rescission or reduction unless the Purchaser proves to the Supplier that the defect cannot be remedied by the Supplier. Notice of defects or other complaints about the goods must be given to the supplier in writing within one week of receipt of the goods. The supplier's liability is excluded if the client/customer has carried out modifications and repair work on the delivery item on his own authority or has had such work carried out. The client/customer shall bear the costs including insurance for all consignments/freights within the scope of warranty and guarantee claims. Goods sent freight collect will not be accepted by the supplier. The goods must be sent to the supplier including a copy of the original invoice. Orders/shipments without a copy of the invoice will be processed as normal and chargeable repair orders. For all returns/repairs, the customer must ensure that the goods to be returned are cleaned and sent as odourless as possible. Removable covers are to be removed and retained by the client/customer, unless they are objects of repair. In the event of non-compliance with this hygiene measure, the supplier reserves the right to refuse the warranty/repair/repair with reference to unreasonableness and to either return the goods received by him freight collect or have them cleaned with the consent and at the expense of the customer.
The supplier is free to commission a separate service company to handle returns and/or repairs. The business relationship between supplier and customer/client, and the resulting obligations of both parties to comply with this AGB´s, remains unaffected by this. If an order is awarded and accepted within the framework of a higher-level contractual agreement between the vendor and the customer (e.g. outline agreement), it must in all cases be marked with a unique reference to the respective agreement. With all contractual agreements it applies that verbal side agreements always require a written confirmation of both parties, since otherwise they are invalid, and/or lose their validity.
IX. Test/Rental If a product test or rental agreement has been made, care must be taken to return the rented item on time. The renter must return the goods in perfect condition and at his own expense. The lessee shall be liable for any repair, maintenance or cleaning costs incurred as a result of use by the lessee during the rental period. If the return shipment is delayed by more than 10 days beyond the testing/rental period agreed in the order, the supplier shall be entitled to charge a lump sum for delay of 10.00 € excl. VAT for each day additionally commenced from the 11th day. In the event that the test period is exceeded by more than 40 days as agreed, the supplier shall be entitled to invoice the lessee for the current list price of the leased goods for immediate payment. The goods become the property of the lessee after full payment. The obligation to pay the default lump sum expires in this case.
X. Place of performance and jurisdiction
Place of performance for the mutual obligations arising from the contractual relationship is the location/registered office of the supplier, in this case Neubeuern/Obb. The place of jurisdiction for all disputes shall be the courts at the Supplier's registered office.
XI. severability clause
Should one or more provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. In such a case, the parties shall replace the invalid provision with a valid provision that corresponds to the meaning of the provisions. Last update: 09/2018