Terms and conditions
The following general terms and conditions apply to all business transactions between techno-finish Industries GmbH (hereinafter referred to as techno-finish) and the buyer, unless otherwise agreed in writing. By placing an order, the buyer acknowledges the following terms and conditions. Deviating terms and conditions of purchase of the buyer shall only apply if they have been expressly accepted by us in writing. Otherwise, these General Terms and Conditions shall apply in any case.
Unless otherwise expressly agreed in writing, neither these general terms and conditions nor the transactions concluded under their acceptance shall constitute a distribution contract or any other continuing obligation.
The buyer’s commitment to these general terms and conditions shall also apply to future orders. We are entitled to amend or supplement the general terms and conditions at any time. The version current at the time of the order confirmation issued by techno-finish shall apply.
2. Quotes and orders
Our written quotations are valid for 14 days from the date of issue, unless a different period of validity is stated on the quotation. Orders are legally binding even without a signature. A statement by the buyer shall only be deemed to be an acceptance if it matches our quotation in terms of price. Our silence on a counter-offer by the buyer shall under no circumstances be deemed to be a declaration of acceptance.
Our prices and any ancillary costs are based on the prices valid at the time of the order and are quoted in EURO for the European Union and in Swiss francs for Switzerland, excluding VAT.
4. Delivery date and shipment
If a “delivery date approx.” is stated in the order confirmation, it shall apply subject to the timely receipt of goods or, in the case of deliveries for equipment, machines or systems, after receipt of the first payment on account in the accounts of techno-finish Industries GmbH. “Delivery dates with approx. statements do not require any further written confirmation by techno-finish.
In the event of a delay in delivery, the buyer is neither entitled to waive the subsequent performance, nor to withdraw from the contract, nor to demand compensation for damages, insofar as this is legally permissible. For express and direct deliveries as well as for deliveries outside the agreed delivery days, we charge flat-rate surcharges. For domestic deliveries, the delivery shall be Ex Works “ex works” Incoterms 2020 and for foreign deliveries agreed Incoterm.
Unless otherwise agreed, our invoices are payable within 30 days of the invoice date, strictly net, without any deductions. If the buyer fails to meet the payment deadline, he shall be in default without any additional reminder and we shall be entitled to charge interest on arrears at the rate of 5%. In the event of default on the part of the buyer, we are entitled to withdraw from the contract and to reclaim goods already delivered. Offsetting against any counterclaims of the buyer is excluded.
6. Inspection and acceptance of the goods
The buyer shall inspect the quality and quantity of the delivered goods immediately upon receipt. Any defects or incorrect deliveries must be reported to us in writing and in detail immediately, but at the latest within 10 days of receipt of the goods (or since knowledge of hidden defects). In the event of late notification, the deliveries shall be deemed to have been approved and any warranty shall lapse.
7. Warranty, Liability
The warranty period is 48 months for tapefinisher units G2-50 and 24 months for tapefinisher G2-100, stonefinisher G2, pipefinisher RF300, cleaning device G2 and units as well as Superfinish stations assembled from several units. The warranty covers only material or manufacturing defects and excludes wear parts, damage to the equipment and electronics.
In the event of defects which have been reported in accordance with clause 6, the buyer shall receive identical, defect-free goods in return for the return of the defective goods or – in the case of appliances – shall be entitled to free repair or replacement of the defective part. In the case of delivery of appliances with a guarantee, the special provisions of the guarantee agreement shall apply vis-à-vis the manufacturer. All further warranty claims of the buyer are excluded to the extent permitted by law. Irrespective of their legal basis, any claims by the buyer for compensation for damage not incurred to the delivered goods themselves, such as loss of production, loss of use, loss of profits, loss of orders, interruption of operations and other direct, indirect, consequential or incidental damages are excluded to the extent permitted by law. In particular, any liability for auxiliary persons of techno-finish Industries GmbH is completely excluded to the extent permitted by law. If third parties are injured or third party property is damaged or third parties are otherwise harmed as a result of actions or omissions on the part of the buyer and a claim is made against us for this, we shall have a right of recourse against the buyer.
8. Return of goods
The return of defective or incorrectly delivered goods requires, in addition to a notification in accordance with clause 6, that the goods are returned complete and with the original packaging. The delivery note and a copy of the invoice must be enclosed. The shipping costs shall be borne by the buyer unless otherwise agreed.
9. Applicable law and jurisdiction
This legal relationship shall be governed by Swiss substantive law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction is Rorschach. However, techno-finish Industries GmbH is also entitled to take legal action against the buyer before any other competent court.
Edition March 2023
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