Terms and conditions

BIG KAISER Precision Tooling Ltd.

 

1.  Generality

  • These delivery and payment conditions are forming an integral part of all our quotations and contracts re delivery of tools and services. Other agreements and conditions are only binding for us if they have been confirmed in writing to the buyer.

 

2.  Quotations

  • Our quotations are without engagement with regard to price, payment conditions and delivery time.
  • Our verbal or telephonic quotations as well as received orders become effective by our written confirmation or delivery.

 

3.  Delivery dates

  • Confirmed delivery dates will be kept as far as possible. They always refer to the dispatching date ex works. Partial shipments are allowed.
  • Shortage of raw materials, electric power breakdowns, labor conflicts, boycotts, acts of God, and delayed delivery by suppliers extend the delivery dates accordingly.
  • Claims for compensation due to delayed shipment or shipment not having occurred are specifically excluded.

 

4.  Prices

  • Our prices are ex works Rümlang, excl. VAT and transportation insurance. In case of changes of costs, especially price increases of suppliers of raw materials or energy, we reserve the right of an adequate adaptation.

 

5.  Shipping

  • Shipment takes place at the expense and risk of the buyer.

 

6.  Payments

  • Letter of credit or payment in advance (subject to other written agreements). Deductions of any kind are not accepted.
  • If there are any doubts with regard to the solvency of the buyer or if a payment is delayed, we are entitled to ask securities or prepayments or to cancel the contract fully or in part.
  • In case of default, interests for delay are due at the rate of interest for uncovered current account credits, but at least 5%, claims of further damages reserved.

 

7.  Retention of title

  • The delivered goods remain our property until full payment has been received. Where the retention of title depends on entry in the official debt registry, we are entitled to demand registration of this retention at any time even after delivery. The buyer agrees to cooperate in all measures which may be necessary to protect our property.

 

8.  Warranty

  • All information regarding suitability and application of our products are provided to the best of our knowledge, but without any obligation and they do not dispense the buyer of proper tests and trials.
  • Claims are only taken into consideration if they are made in writing within 8 days after receipt of the goods. Eventual proofs are to be enclosed.
  • Our warranty is limited to the replacement or repair within 24 months after shipment of the goods to the buyer. Additional claims, particularly for direct or indirect damages are excluded.
  • The assertion of a claim of warranty does not dispense the buyer of his liability to pay.

 

9.  Copy rights

  • Drawings and project sketches are our property. Without our explicit authorization, it is not allowed to reproduce or to use them or to pass them on to third parties.

 

10.Legal jurisdiction and courts, applicable law

  • Legal jurisdiction rest with the courts at Rümlang. We reserve the right, however, to institute proceedings against the buyer at his domicile.
  • The contractual relationship shall be subject to substantive Swiss law, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Convention").