General Terms and Conditions (GTC)
GENERAL TERMS AND CONDITIONS (GTC)
A. Jung Arbeitssicherheit
Alte Hauptstrasse 5
5084 Rheinsulz
www.ajus.ch
1. SCOPE AND GENERAL INFORMATION
Our deliveries and services are subject to the following terms and conditions. Conflicting terms and conditions are only valid if they have been expressly agreed to in writing and signed by authorized representatives of A. Jung Arbeitssicherheit. The customer’s general terms and conditions are hereby expressly rejected. By accepting these terms and conditions, any terms and conditions of the customer are superseded. Aware that email messages could be intercepted, altered, or read by unauthorized persons, the customer consents to the exchange of messages via unencrypted email.
2. OFFERS AND SERVICES
All offers, including those on websites, in catalogs, brochures, at exhibitions, etc., are subject to change without notice. All information and prices remain non-binding until a definitive, written order confirmation is issued by A. Jung Arbeitssicherheit. Counter-offers from the customer are only considered accepted upon written confirmation. Any costs incurred due to subsequent change requests or order cancellations will be borne by the customer. Installation costs are a minimum of CHF 300 per installation order.
3. PAYMENT TERMS
The purchase price is stated in the written order confirmation. Unless expressly agreed otherwise, the customer shall bear all costs associated with the delivery, such as VAT, customs duties, shipping, packaging, transport, and insurance costs, etc. Unforeseeable increases in such costs after conclusion of the contract shall also be borne by the customer, even if the originally expected costs were to be borne by the customer due to a special agreement. Invoices are normally payable within 10 days less a 2% discount or within 30 days of the invoice date, net without any deductions. Unauthorized deductions will be charged back. All bank transfer fees shall be borne by the customer. If the payment deadline is exceeded, the customer shall be in default without further notice. If the customer fails to comply with the agreed payment terms or becomes insolvent, all outstanding balances shall become due immediately, regardless of any agreed payment dates. A. Jung Arbeitssicherheit is entitled to charge reminder fees and default interest at standard commercial rates. In the event of late payment by the customer, A. Jung Arbeitssicherheit may immediately suspend further deliveries under the affected or any other contract and withdraw from any contract. The goods remain the property of A. Jung Arbeitssicherheit until full payment is received. The customer is prohibited from offsetting any claims arising from other contracts or legal relationships with A. Jung Arbeitssicherheit.
4. SHIPPING, PACKAGING AND TRANSFER OF BENEFIT AND RISK
The shipping method, freight forwarder, or carrier will be determined by A. Jung Arbeitssicherheit. A. Jung Arbeitssicherheit products will be delivered by us or by a transport company commissioned by us to the address specified in the quotation or by the customer, whereby the delivery location influences the mode of transport. If the loading or transport of the goods is delayed for a reason attributable to the customer, A. Jung Arbeitssicherheit is entitled, at its reasonable discretion, to store the goods at the customer’s expense and risk, to take all measures deemed appropriate to preserve the goods, and to invoice the goods as delivered. The same applies if goods reported as ready for shipment are not collected or picked up within one week. Statutory provisions regarding default of acceptance remain unaffected. Any costs for transport, assembly, packaging, unloading, etc., are not included in the prices and are to be borne entirely by the customer. Packaging and any transport aids will not be taken back. The costs for the disposal of packaging material are borne by the customer. Any transport damage must be reported in writing by the customer to A. Jung Arbeitssicherheit and the transport company within 24 hours of receiving the goods. Benefit and risk transfer to the customer upon delivery of the goods from A. Jung Arbeitssicherheit’s production site or warehouse, in accordance with the agreed place of performance (Clause 5), even if the delivery is made DDU or under a similar clause.
5. DELIVERY TIMES / DATES
For compliance with delivery deadlines and dates, the time of dispatch from the place of performance is decisive. Delivery periods begin at the earliest upon written, definitive order confirmation from A. Jung Arbeitssicherheit. Delivery periods and dates are subject to unforeseen production disruptions (in particular due to force majeure, strikes, plant closures, production restrictions, damage to production facilities, operational or transport disruptions, or similar unforeseen and timely delivery delays by A. Jung Arbeitssicherheit’s suppliers). If the customer fails to fulfill contractual obligations, in particular obligations to cooperate or ancillary obligations such as advance payment, payment upon delivery, provision of domestic or foreign certificates, or similar, in a timely manner, delivery periods and dates will be postponed accordingly. In all cases of non-compliance with the agreed deadlines, the customer must grant a reasonable second grace period for delivery. A. Jung Arbeitssicherheit will only be considered in default after this second grace period has expired without delivery. A. Jung Arbeitssicherheit is only liable in cases of intent or gross negligence. In cases of force majeure, A. Jung Arbeitssicherheit’s contractual obligations are suspended, and the dates and deadlines for fulfilling the contractual obligations are postponed. Force majeure also includes labor disputes in A. Jung Arbeitssicherheit’s own or third-party companies, transport delays, machine breakdowns, and official orders. Orders or other circumstances beyond the control of either party. An event of force majeure must be reported to the other contracting party immediately. The customer has no claim for damages.
6. WARRANTY
The goods are in conformity with the contract if, at the time of the transfer of risk, they do not deviate from the agreed quality or only deviate insignificantly. Conformity with the contract and/or defectiveness are determined exclusively by the express, written agreements regarding quality and quantity. Minor deviations in dimensions, surface finish, weight, and color that are customary in the trade or due to manufacturing processes, and generally all differences that do not deviate from the applicable standards, are not considered defects from the outset. Liability for a specific purpose or suitability is assumed only to the extent that this has been expressly agreed upon in writing. Otherwise, the risk of suitability and use lies solely and exclusively with the customer. The mere mention of the use or purpose in the agreement does not constitute a warranty by A. Jung Arbeitssicherheit regarding suitability and use. A. Jung Arbeitssicherheit assumes no liability for deterioration or loss of the goods after the transfer of risk. The customer or their representative must inspect the condition of the goods immediately upon receipt. Defects must be reported in writing without delay. Claims for defects are forfeited if notification of defects is delayed. The defects must be described precisely. Upon notification of defects, the customer must immediately give A. Jung Arbeitssicherheit the opportunity to inspect the goods. Should the complaint prove to be unjustified, the customer must reimburse A. Jung Arbeitssicherheit for the inspection costs. Continued use of the rejected goods is considered acceptance. In the case of justified complaints and warranty claims, A. Jung Arbeitssicherheit is entitled, at its discretion, to replace or repair the defective goods at its own expense, grant a price reduction, or rescind the purchase. A. Jung Arbeitssicherheit provides the same warranty for repaired or replaced goods as for the original goods. Replaced or returned parts become the property of A. Jung Arbeitssicherheit. Under no circumstances is the customer entitled to compensation for damages not incurred to the delivered goods themselves, such as production downtime, loss of use, loss of orders, lost profits, or other purely financial losses. Warranty services provided directly to the customer by the contracted supplier are reserved. Notices of defects and warranty claims do not release the customer from the obligation to pay on time. The limitation period for any warranty claims is one year from the conclusion of the contract. Any repairs or replacement deliveries do not restart the limitation period.
7. JURISDICTION AND APPLICABLE LAW
For all disputes arising from this contract or these General Terms and Conditions, the place of jurisdiction is Laufenburg, Switzerland (5080). A. Jung Arbeitssicherheit is also entitled to bring legal action against the customer at their place of business. This contract and these General Terms and Conditions are governed by Swiss law. Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.