General Terms and Conditions

Weissenberger AG, CH-9445 Rebstein

General

The following conditions are applicable to offers and deliveries of WEISSENBERGER AG (hereinafter called "WEAG"). Special agreements shall only be effective if they have been confirmed in writing. Price lists and leaflets as well as any other publications are without engagement and without obligation.

Offers

Offers are binding for thirty days. They can be revoked at any time

Delivery times

Indicated delivery times are without engagement but WEAG will use its best effort to keep specified terms. Delays of the delivery – in particular if caused by force majeure, acts of God, interruption of operation, or sub-suppliers’ default of delivery – shall not constitute a right to raise claims for damages.

Warranty

  • WEAG warrants that the object of purchase is free from defects which could seriously impair the use in accordance with the contract.
  • The warranty period for new machines shall be two years from the date of shipment. For any discounted or special machines, the warranty period shall be defined in the delivery documents.
    For CMC-controlled mount cutters, the number of cuts is also limited. For details please check the respective product page here.
  • The warranty period expires upon reaching the number of cuts specified in the respective product data sheet, but shall in any case be limited to two years from the date of shipment. Adherence to the service intervals specified in the above table shall be an indispensable condition for any claims with regard to warranty performance. The purchaser agrees to co-operate with GUNNAR’s technicians in all matters of warranty and/or service.
  • The purchaser shall be entitled – provided that neither the purchaser nor a third party is responsible for the defect – to demand remedy free of charge of the defects within a reasonable period of time.
    WEAG shall be entitled to provide replacement free of charge and in compliance with the contract instead of retouch.
    Any other claims with regard to warranty performance in kind shall – with reservation of unalterable legal regulations – be excluded, in particular claims for damages shall be excluded.
    With regard to CMC controlled mount cutters installed in countries without local service support, warranty performance covers only the costs of replacement parts, of correspondence and of transportation. Expenditures for work as well as any other costs shall not be covered.
  • Claims with regard to warranty performance shall in particular be excluded if the object of the purchase has been inappropriately handled or serviced, overstrained, changed or modified arbitrarily or without authorisation, as well as in case of non-compliance with operating and/or service instructions. Any warranty performance shall in any case be excluded in case of normal wear.
  • Any notification of a defect shall be given in writing and without delay.

Shipment, Passage of Risk and Place of Performance

Shipment will be ex works Rebstein/Switzerland, freight unpaid. The risk of damage as well as loss of the purchase object shall be passed on to the purchaser upon handing over the purchase object to the forwarding company.

Place of performance is Rebstein/Switzerland.

Prices

All prices are purely net excluding legal value added tax (VAT), customs duty, fees, installation and packing.

Terms of Payment

The following payment conditions shall be applicable:

  • The object of the purchase will only be shipped when the respective purchasing price has been paid in full. If a bank guarantee with release of the invoice amount within ten days from shipment or an irrevocable letter of credit has been submitted, the purchase price is be payable within thirty days from the date of the invoice.
  • Invoices for repairs or replacement parts shall be payable immediately without any discount. WEAG reserves the right to ship such deliveries by collection on delivery.
  • For purchase orders to the value of less than Swiss Francs 100.00 net, an additional charge for minor orders of Swiss Francs 25.00 will be invoiced.
  • Payment by check are only possible free of charge for amounts higher than CHF 500.-/EUR 300.-/GBP 250.-. For smaller amounts bank charges will be added to the invoice. If pre-payment is necessary, the goods will only be delivered once the money has been credited to our bank account.

Default of the Purchaser

In case that the purchaser is in default of payment, WEAG is entitled to claim the following rights:

  • sue for performance and demand compensation for delay, or
  • demand damages for non-performance, or
  • withdraw from the contract and demand compensation for losses resulting from the cancellation of the contract after having notified the purchaser of the cancellation.

Interest rate to be paid by the purchaser in case of delay or respite is one per cent per month as from the date of maturity of the purchasing price.

Applicable Law

Sales contracts shall be governed by and interpreted in accordance with the laws of Switzerland, in particular the purchase law of the Swiss Code of Obligations (art. 184 ff.OR), as well the present General Terms of Business and Delivery.

Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG; = Vienna Sales Convention) shall be explicitly excluded.

Partial Invalidity

If any provision of a purchasing contract subject to the present General Terms of Business and Delivery should be found to be invalid or illegal, this fact shall have no effect on the validity of the remainder of the contract. Such invalid or illegal provision shall be replaced by a valid provision which serves the purpose of the respective provision as closely as possible.

Jurisdiction

All disputes arising out of or in connection with a purchasing contract subject to the present General Terms of Business and Delivery shall be subject to the jurisdiction of CH-9445 Rebstein / Switzerland.

WEAG shall be entitled to appeal instead to the competent court at the purchaser’s seat of business.

Previous General Terms of Business

The present General Terms of Business and Delivery supersede all prior General Terms of Business of WEAG.

Weissenberger AG / Jan 2008