General Conditions of Supply Oerlikon Heberlein Temco Wattwil Inc. CH-9630 Wattwil / Switzerland Offer Unless a time limit for acceptance is indicated, our offers are not binding. Confirmation of Contract An order will be regarded as accepted only when confirmed by us in writing. Scope of Delivery The scope and execution of deliveries are determined by our confirmation of order. Any contract services not mentioned therein will be charged for separately. Prices All prices are to be considered as being net, including the Swiss Value Added Tax where applicable, ex works, without packing charges and without any deductions. Terms of Payment Unless otherwise agreed, the payment is to be made to the domicile of the supplier without deduction of discount, expenses, tax, charges, fees, duties or anything similar. In the case of late payment we reserve the right to charge interest on arrears at a rate that is at least 4% above the 3 months Libor rate for the Swiss Franc. If payments are delayed we shall be entitled to hold back further deliveries. Reservation of Title The goods remain our property until the agreed price has been paid in full. The lex rei sitae will apply in accordance with private international law. Delivery Dates The period agreed for deliveries commences after complete commercial and technical clearance of the order and after any official formalities that may be required have been completed. We undertake to abide by the agreed delivery dates whenever possible but without any guarantee on our part. No claims for compensation of any kind will be entertained nor may goods ordered be refused for acceptance if delivery is delayed by force major of unforeseen events. Contractual penalties will be apply by special agreement only. Inspection and Acceptance of Deliveries The goods are inspected by us during manufacture. Unless agreed otherwise, the customer must refuse goods within 10 days of receiving them or they will be deemed implicitly accepted with all consequences. Goods will also be regarded as accepted if put to use. Acceptance may not be refused on account of minor defects. The customer must give us an opportunity of removing any defects as speedily as possible from supplies not conforming with the contractual standard. No further claims by the customer of whatever kind will be entertained.
Delivery Deliveries will be made as agreed in writing and accordance with the INCOTERMS 2000. Goods will in each case be despatched at the customer’s risk. If dispatch is delayed or made impossible for reason beyond our control, the goods will be stored at the customer’s risk and expense. Assembly The general conditions of assembly of the SWISSMEM will apply to any assembly work undertaken by us. Guarantee The time period of guarantee for products belonging to the HemaJet® and SlideJet™ programmes is 24 months. A 12 month guarantee applies to products belonging to the PolyJet® and other jet programmes such as HemaJet® LB24 jet housing, and all items belonging to the Heberlein® and Electrotex product ranges. The guarantee commences when the goods leave the factory. The guarantee does not apply to typical wear parts such as polyurethane twisting discs and valves belonging to our Pulsar-fancy-yarn-system nor to diverse machine parts made from metal that come into contact with fiber material during production. By agreement we are prepared to provide special guarantees for these products that depend on production parameters which are provided in writing by the purchaser. At the specific written request of the purchaser we will commit ourselves to improve or replace according to our choice all parts insofar that these are proven to be damaged or unusable as a result of bad materials or faulty design. We shall be liable only for those costs that arise by repairing or replacing the damaged parts in our factory. Parts that are replaced remain our property. If the parts cannot be repaired or replaced in our factory, all additional costs arising remain the liability of the purchaser. No further claims by the purchaser can be entertained on account of defective delivery, especially for damages and cancellation of the contract. The guarantee does not apply to damages arising from normal wear and tear, faulty maintenance, failure to follow operating instructions, excessive strain, unsuitable operating means and other causes for which we cannot be held responsible. The guarantee expires when the purchaser or a third party undertakes modification or repairs to the goods. With regard to deliveries by third parties our guarantee is limited to the obligations assumed by the subcontractors. All liabilities to the customer for any losses are repudiated. The Place of Performance and Jurisdiction, and applicable Law The place of Performance and Jurisdiction in respect of ourselves and the customer is Wattwil / Switzerland. However, we reserve our right to proceed against the customer at his legal place of establishment. The contract is subject to Swiss law. Validity The general conditions of supply are valid even if they conflict with differently worded conditions of the customer. Any conditions of the customer worded differently will apply only if confirmed by us in writing.
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