Thur Metall Main Catalogue Workspace Equipment Page 128
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General sales and delivery terms and conditions 1. Scope These general sales and delivery terms and conditions apply to all legal translations which Thur Metall AG (hereinafter “the vendor”) concludes with another company or with end users (jointly referred to hereinafter as “the buyer”). They apply both for the supply of goods as well as, mutatis mutandis, for the provision of services. Variations to these general sales and delivery terms and conditions only apply if accepted in writing by the vendor. The vendor does not recognise any other sales and delivery terms and conditions other than his own. The buyer expressly renounces the right to apply his own purchase and delivery terms and conditions. 5.6 If the parties agree on a penalty for delivery delay when concluding a contract, this will be applied according to the following rules, whereby non-application of any one aspect of these rules does not affect the application of the rest: A delay in supply which is demonstrably the sole fault of the vendor entitles the buyer to claim a punitive rate of a maximum of 0.5 % for each complete week’s delay, up to a ceiling of 5 % of the value of that part of the total delivery of goods which, because of the failure to deliver a significant part on time, were unable to be used, provided that the buyer has actually suffered damages of that amount. Further claims arising from delivery delays are determined exclusively according to point 5 of these general sales and delivery terms and conditions. 2. Quotation – Quotation documents The vendor’s quotations are subject to confirmation. The details quoted in the vendor’s catalogues, ring binders, brochures, price lists, etc. are not binding. 6. Transfer of use and risk The use and the risk for the purchased goods transfer to the buyer, irrespective of the type of delivery, with dispatch/transportation from the loading bay. Transportation/dispatch from the loading bay of the works is considered to be the time of delivery. The vendor accepts no liability whatsoever for damage during transport. 7. 7.1 Payment The vendor’s invoices are due for payment net without discount within 30 calendar days from the invoice date. Unjustified deductions will be re-invoiced. In individual cases, the vendor may reserve the right to require advance payments. In the case of partial invoices, the relevant part-payments are due on receipt of each invoice. This also applies to invoice amounts which arise as a result of follow-up deliveries or other agreements which arise beyond the original final total, irrespective of the payment terms agreed for the main delivery. Payments must be made without any deduction of discount or charges to the vendor’s payment collection point in the agreed currency. The buyer is not entitled to retain payments on the basis of claims under guarantee or other counterclaims nor to offset these against payments due. A payment is deemed to be settled on the day on which the vendor has the funds at his disposal. If the buyer is late in making an agreed payment or other agreed action arising from this or any other transaction, then the vendor may, without prejudice to his other rights: a) delay fulfilment of his own commitments until payment is made or the other action is completed, and extend the delivery period accordingly, b) declare all open invoices relating to this transaction and others to be due and start charging late payment interest of 1.25 % plus VAT per month on these amounts from the relevant due date, unless the vendor can prove he has incurred costs in excess of this. In any case, the vendor is entitled to invoice preparatory costs for court action, in particular the cost of sending reminders and legal costs. Any discounts or bonuses granted by the vendor are automatically void if the buyer is late with a payment. If legal transactions take place between the vendor and the buyer via purchasing organisations (buyer groups, etc.), then the payments by the buyer to the buyers’ group do not cancel the debt to the vendor. The debt is only settled when the vendor receives the payment. The vendor retains title to all goods delivered by him until full payment has been received by the buyer. The vendor is entitled at any time to register the retention of title in the Register of Retained Titles at the registered address of the buyer. If no registration of retention of title is possible at the buyer’s address, then the vendor is entitled to avail himself of all other available and comparable rights for his invoices. In the event that the property were to be sold on by the buyer through transfer to a third party, despite the reservation of title, then the buyer will assign to the vendor, as a guarantee for the purchase price debt, the debt owed to him by the third party as a result of the resale of the goods to which title was reserved, and undertakes to make an entry to this effect in his books or on his invoices. On demand, the buyer must inform the vendor of the details of the assigned debt and the debtor and provide all relevant information and documents to him. Equally, the buyer must inform the third-party debtor of the assignment of the debt. If subject to distraint or other claims, the buyer is required to declare the title held by the vendor and must inform the latter without delay. 3. Conclusion of contract 3.1 The contract is deemed to exist once the vendor has sent a written order confirmation or a delivery to the buyer, following receipt of an order from the buyer. The content of the contract is defined solely by the text of the order confirmation, the content of deliveries and these general sales and delivery terms and conditions. 3.2 The details quoted in our catalogues, ring binders, brochures and similar as well as by other written or verbal statements by the vendor are only binding if and insofar as they are explicitly referred to in the order confirmation. 3.3 Subsequent amendments and additions to the contract must be confirmed in writing by the vendor in order to be valid. 7.2 7.3 4. Prices 4.1 The prices agreed in the contract are stated ex-works or ex-warehouse of the vendor. If levies, taxes, customs duties or other charges are incurred during delivery, these are to be borne by the buyer. In addition, the buyer must pay all ancillary costs including e.g. freight, insurance, authorisations for export, transit, import or other authorisations, and certifications. 4.2 Where an order differs from the overall quotation, the vendor reserves the right to adjust the prices accordingly. 4.3 The vendor reserves the right to adjust the prices as needed if the delivery due date is subsequently delayed due to one of the reasons listed under points 5.3, 5.4 or 5.5, or if the type or scope of the agreed deliveries of goods and supplies of services are changed, or if the materials or design are changed because the information and documentation supplied by the buyer do not correspond to actual conditions or were incomplete. 5. Delivery 5.1 The delivery period starts at the latest with the following points in time: a) Date stated in order confirmation or date of the order confirmation; b) Date when all the technical, business and other preconditions incumbent on the buyer have been fulfilled; c) Date on which the vendor receives an advance payment or deposit prior to delivery of goods. 5.2 The vendor has the right to carry out partial and pre-deliveries and to invoice these accordingly. If call-off delivery has been agreed, then the goods are deemed to have been called-off at the latest 90 days after being ordered. 5.3 If unforeseen circumstances or circumstances beyond the parties’ control, such as an Act of God, arise which prevents the observation of the agreed delivery period, this is extended at least by the duration of these circumstances. This includes in particular armed conflict, public authority intervention and bans, in transport and customs clearance, damage in transit, energy or raw material shortages, industrial disputes as well as the loss of a supplier who is difficult to replace. The circumstances listed above also permit the extension of the delivery period when they apply to a supplier of the vendor. 5.4 The delivery period will be extended as appropriate if the vendor does not receive in good time from the buyer the information which he requires to complete the contract, or if the buyer subsequently amends this and therefore causes a delay in delivery. 5.5 If the delivery date is subsequently changed, for reasons for which the buyer is responsible, or if the goods are not collected on the agreed date, then the vendor has the right to invoice the buyer for the costs of storage and handling from the 7th day. Per day, CHF 3.00 per loading metre or the actual storage and handling costs incurred and stated by the vendor will be charged to the buyer. 128 7.4 7.5 7.6 7.7 7.8 7.9 8. Guarantee, liability 8.1 Defects The vendor undertakes to supply the goods and services as described and defined in the specifications in the delivery contract or in the applicable order thurmetall.com
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