Thur Metall Main Catalogue Workspace Equipment Page 129
Commercial customer offer**Top sellers from THURMETALL
8.2 8.3 8.4 8.5 confirmation. A supply of goods or services is defective if it is not suitable, or only to a limited extent, for the defined use agreed in advance in the specifications between the vendor and the buyer. Obligation to submit complaint The buyer must inspect the goods for externally visible defects immediately upon receipt and in the presence of the truck driver making the delivery. The buyer must immediately note down any externally visible defects on the delivery note, giving precise details of the circumstances and nature of the defect under complaint. The buyer must send a copy of this delivery note to the vendor without delay. Any hidden defects must likewise be reported in writing to the vendor, on the delivery note and within 7 calendar days. Any claims which are received late will not be recognised by the vendor. Complaints do not abrogate the obligation to pay (item 7). Guarantee liability and scope of the buyer’s rights The guarantee period for products manufactured by the vendor is 5 years from the date of delivery ex-works; this excludes workbench tops, trade parts, electronic components, software, custom-made articles and moving parts for which there is a guarantee period of 12 months. The guarantee includes solely, excluding legally defined options, the vendor’s choice of correction or supply of a replacement part for the defective parts. The guarantee is void if the damage was caused during transport. Guarantee by the vendor is also void if the loading capacities for the individual components were not complied with by the buyer, the products were not set up in accordance with the mounting and installation instructions from the vendor and faults have resulted from improper use, poor handling, negligence or corrosion. The guarantee is also void if alleged damage was caused by simple ageing such as through natural fading of painted surfaces, the distortion of wooden panels, etc. In general, the vendor does not accept any liability if repairs were performed by the buyer himself or by third parties. Guarantee period for repaired or replaced parts For products manufactured by the vendor which are repaired or replaced, the guarantee period restarts and lasts for 12 months from the date of repair or delivery of the replacement part. Overall, the guarantee period for repaired or replaced products which are manufactured by the vendor is limited in total to 5 years or for workbench tops, trade parts, electronic components, custom-made articles and moving parts to 24 months from the start of the standard guarantee period. Liability The vendor’s liability is limited to a maximum of the value of the affected products delivered and manufactured by the vendor. No liability is accepted for damages (incl. liability for consequential damages, loss of revenue or lost production) unless required by law. 9. Withdrawal from the contract 9.1 The pre-conditions for the buyer to withdraw from the contract are, to the extent that no special arrangements were agreed, a delay in delivery caused by gross negligence on the part of the vendor as well as continued failure after a subsequent attempt to set an appropriate deadline. Withdrawal must be notified by means of a registered letter. 9.2 Irrespective of his other rights, the vendor is entitled to withdraw from the contract, a) if performance of deliveries or the start or continuation of services is rendered impossible by fault of the buyer or, despite efforts to redefine a later deadline, continue to be delayed, b) if cause for concern arises about the ability of the buyer to pay and the latter fails to respond to requests from the vendor to either make advance payments or to deposit a suitable security prior to delivery, or c) if the extension to the delivery period due to the circumstances set out in points 5.3, 5.4 or 5.5 together equal more than half of the originally agreed delivery date, however with a minimum of 6 months. 9.3 Withdrawal can also be justified by one of the above reasons in relation to the remaining part of the supplies of goods or services. 9.4 If insolvency proceedings are initiated in relation to the assets of a party to the contract, or if such a process is not possible due to lack of assets, then the other party to the contract is entitled to withdraw from the contract without first setting a deadline for compliance. 9.5 Without prejudice to any claims for damages by the vendor, including preparatory costs for legal action, in the event of withdrawal all prior supplies or partial supplies of goods and services must be invoiced and paid for as set out in the contract. This applies even if the delivery or performance of service has not been accepted by the buyer and also applies to preparatory work carried out by the vendor. The vendor alternatively has the right to require the return of articles which have already been delivered. 9.6 No further effects of withdrawal may apply. 10. Product liability The buyer is required to strictly observe the instructions available from the vendor for the setting up and use of the purchased goods. The vendor only accepts liability as defined by the legal requirements. 11. Amendments 11.1 Amendments and variations to these contractual conditions as well as their suspension require the express written approval of the vendor in order to be legally valid. 11.2 Any special sales and delivery terms and conditions by Thur Metall AG take precedence over these general sales and delivery terms and conditions. 12. Technical documentation The vendor retains the ownership and copyright of all quotations, estimates, calculations, pictures, drawings and other documents. If such documentation is marked as “confidential”, the buyer requires the express written permission of the vendor for any duplication or disclosure to third parties. 13. Place of performance, place of jurisdiction and applicable law 13.1 The place of performance for deliveries, payments and all undertakings is the location of Thur Metall AG which issued the invoice. 13.2 The place of jurisdiction is the place of business of Thur Metall AG in Erlen/TG, Switzerland. However, the vendor retains the right to address the court which has jurisdiction at the buyer’s place of business. 13.3 All legal relations between the vendor and the buyer are solely subject to Swiss substantive law, excluding Federal law relating to international private law such as the United Nations Convention of Contracts for the International Sales of Goods dated 11 April 1980 (Vienna Convention). Version July 2023
130 Pages | Valid until 12/2025 | Previous page | Next page
Choose your language
Legal issues
The manufacturer is exclusively responsible for the content, price and article details of the products and offers presented in the catalogues. Subject to technical and optical changes by the manufacturer and errors excepted.
Request form for special products
The ToolTeam® Procurement Service
Are you looking for products that are shown in the catalogue but cannot be purchased directly online?Our procurement service will be pleased to make you a non-binding and individual offer.