General Terms and Conditions (GTC)
1. General information
The GTC shall be mutual and binding between Vischer & Bolli AG (VBAG) and its customers. Buyers’ conditions of purchase which conflict with these terms and conditions shall not be binding for us, even if they form the basis of the order and their content has not been expressly refuted. Other conditions must shall require the written form and the legally valid signatures of both parties.
The prices published by the VBAG in the web-shop apply. We reserve the right to adjust prices at any time without advance notice. Offers with no information about validity shall remain valid for a period of 5 days from the date of the offer. All prices are stated exclusive of statutory VAT at the currently valid rate where applicable.
3. Accuracy of information
All content visible in the web shop as well as in VBAG documents such as advertising leaflets, catalogues, etc. including technical data and drawings are not binding without express written agreement. Any misinformation shall only oblige VBAG to replace the goods with the product originally requested by the customer; any other compensation is on any account excluded, cf. Section 9.
4. Delivery and shipping terms
Although all information on delivery times is always carefully assessed and checked by VBAG, it is not binding. Claims for compensation due to late delivery shall be excluded. Unless otherwise agreed, the customer shall be obliged to accept the goods, even in the event of a late delivery, cf. Section 1. VBAG undertakes to deliver only those goods which it has pledged to supply through an order confirmation.
Unforeseen events such as force majeure – as well as other events beyond the power of VBAG or its suppliers – shall release VBAG from the obligation to deliver. Special tools and items specially procured for the customer cannot be returned.
In the absence of special instructions, VBAG shall select the type of packaging it deems most favourable and the transport company.
Damage caused in transit must be reported to the responsible transport company without delay.
5. Payment terms
The payment period is 30 days from the date of the invoice and payments must be made net. Other arrangements must be put in writing. Unjustified deductions shall always be subsequently charged in addition. In the event of default of payment, VBAG reserves the right to charge 5% interest on the amount due.
6. Right of return
Unused and intact goods may be returned within 10 working days provided that they are returned in full and in their original packaging. Payments already received shall be credited after receipt of the goods or refunded on request.
Returns that do not comply with the above criteria shall require advance written consent from VBAG and shall be subject to an individual restocking fee of at least 15%.
The return shall be made at the expense and risk of the buyer.
Special tools made individually for the customer cannot be returned and are excluded from exchange.
Items not kept in stock which were specially procured for the customer are excluded from the right of return.
7. Retention of title
The items delivered by VBAG shall remain the property of VBAG until payment has been made in full.
8. Guarantee and warranty
The warranty period be for 12 months from delivery. We guarantee that the goods are free from material and manufacturing defects. The warranty conditions and services of the manufacturer shall apply to goods not manufactured by us.
The buyer shall be obliged to check each delivery immediately after receipt for external damage, incorrect delivery or missing items. Complaints must be made to us within 5 working days of receipt of the delivery. Defects which occur during the warranty period must be reported to us immediately after discovery. In the event that no defects can be found or that the defects are not covered by the warranty, we may pass on the inspection and shipping costs to the buyer.
In the event of defects covered by the warranty, the goods will be repaired or replaced with equivalent goods at our discretion or at the discretion of the manufacturer. Any other compensation or warranty is excluded on any account, cf. Section 9.
We shall only be liable for claims for damages if the damage was caused as a result of gross negligence or wilful intent on our part. We cannot be held liable for consequential damage resulting from a defect, and especially not for loss of profit or other direct and/or indirect damage.
10. Fulfilment of order
VBAG is entitled to supply customers exclusively on a cash on delivery or advance payment basis and to withdraw from delivery obligations if VBAG considers the customer's ability to pay to be inadequate.
11. Final provisions
Amendments: we reserve the right to adapt or amend the business relationship at any time.
Partial invalidity: the invalidity of individual provisions of these GTCs or of a supply contract concluded individually with the customer shall not affect the validity of the remaining provisions.
Applicable law: the GTCs are subject to the Swiss Code of Obligations
Place of performance: for deliveries, is the shipping address to which the goods are sent shall apply. The place of performance for payments shall be CH-8600 Dübendorf/Zurich.
Place of jurisdiction: the exclusive place of jurisdiction shall be Zurich, Switzerland.
Issue June 2020