General terms & conditions

General

The below conditions apply for all deliveries and services performed by us. Departures therefrom are only legally valid, if they have been confirmed by us in writing. Confirmations of orders shall be inspected immediately after receipt, notice of changes must be provided within 8 days, otherwise the confirmation of order becomes binding. The customer's general conditions of purchase are excluded. Messages printed out by electronic data processing facilities are legally valid even without signature.

Pricing

All prices are subject to change, ex works and can be changed at any time without advance notice. The prices do not include VAT or other levies. If no prices have been arranged for deliveries and services, the prices on the currently valid edition of the price list apply. Confirmed prices only apply on the acceptance of the confirmed quantities.

Terms and conditions of payment

The invoices are payable in advance with 3% discount. The agreement of individual conditions of payments is reserved. Payments shall also be made if counterclaims or complaints are asserted or if the goods or service cannot be delivered on the agreed date for reasons for which the customer is not responsible. Claims can only be offset insofar as they are legally binding or undisputed. The goods remain the property of the supplier until they are completely paid for. Unjustified deductions will be later charged to customer with costs. In the case of delay in payment, reminder fees of EUR 10.00 per reminder plus interest on arrears of 1% per month from the due date are incurred. The customer shall bear all other costs which are incurred in the assertion of our claim, particularly operational and process costs. We are entitled to charge our outlays in time and effort with at least 7% of the invoice amount. Our claims can be assigned to third parties.

Changes to orders/cancellations

These are subject to our prior agreement. Previously incurred costs shall be borne by the ordering party and shall be charged to the latter. Final orders with a limited term must be placed within the agreed period.

Reservation of title

Our deliveries are made exclusively under reservation of title. The ownership is transferred to the customer after settlement of all obligations existing with respect to us. If the goods delivered by us are mixed or connected with other objects, then the customers assigns to us the (co-)ownership of the resulting object. We are to be immediately notified in writing of any infringement of our right of title by third parties, e.g. by distraint and our right of title is to be confirmed both to us and to third parties. If the customer falls into arrears with payment, we are entitled to demand the return of our goods and to directly collect them ourselves or have this done by an agent. To guarantee all our claims, also future ones, the customer herewith now assigns all claims to us that accrue to him from the resale of our goods. In the case of connection or mixture with other objects, the advance assignment of claims is limited to the face value of our invoices. The customer is entitled to collect claims assigned to us. In the case of payment delay, cessation of payment, application for or initiation of bankruptcy proceedings, a judicial or extrajudicial composition proceedings or other form of financial collapse on the part of the customer, we can revoke the authorization to collect claims.  On demand, the customer shall disclose the claims assigned to us and their obligors, provide all information required for collection, release the associated documentation and notify the obligors of the assignment. We are also entitled to notify the obligors of the customer and demand payment directly to us. Drawings and other documents remain exclusively our property.

Copyright

We reserve copyright over the drawings, calculations, simulations and all forms and documents issued by us. The reproduction or the use for purposes other than those foreseen by us is prohibited or requires our express, written approval.

Deliveries and services

The delivery is made after receipt of payment or as per agreement. We reserve the right to determine the method of forwarding. Special methods of forwarding can be employed on request from the customer and against payment of costs. For carriage paid deliveries, the transport risks are covered by us. For deliveries which are not carriage paid, the risks are transferred to the customer on handover of the goods to the carrier.

Stated delivery dates/times are not binding. Any liability for damages that results from delayed delivery, part delivery or non-delivery will be refused. If the material is not accepted on the agreed date, then we are entitled to invoice for the goods. All costs which are incurred by the refusal to accept the goods shall be charged to the buyer.

Services by third parties

For services which are solely arranged by us but are performed by third parties, we cannot accept any liability or claims for damages.

Complaints

The customer is obliged to immediately inspect the goods on their receipt. Complaints because of missing parts, incorrect deliveries and visible defects can only be delivered in writing within 5 days.

Processing of complaints from final consumers (plant owners)

In the case of complaints by final consumers (plant owners) the primary obligation lies on the installer to rectify these faults competently and with a reasonable period of 3 weeks. If we consider it be necessary, we can intervene in the process of rectification. The costs for this shall be invoiced to the commercial partner, installer or end  customer at our discretion.

In countries in which our products are ordered via a local dealer or importer, the latter is obliged to support the installing company in rectifying the problems. We are to be immediately notified of complaints which relate to system components delivered by us.

Technical support and training

Dealers and installers who install our products, use them as components of systems or who commission our products are obliged to regularly obtain training at our Academy, and to ensure that their personnel has sufficient knowledge of our products to ensure a fault-free assembly or realization of the system. On request and against reimbursement of costs we provide direct support in initial installation and perform training courses at the customer's premises. The services of our technical support are at no extra charge, insofar as they remain within the usual scope.

Returns

We extend our customers a 10-day right of return. The prerequisite for this is that the goods are delivered in a perfect condition, in the original packaging and in a suitable condition for resale. Customized productions and goods which are not in our current price lists are excluded from the right of return. Goods are only accepted back from the original ordering party.

Returns must be agreed with the sales department are delivered carriage paid.  For credit notes on the basis of returns of goods only the net goods value is credited, the transport costs and other expenses incurred by us will be invoiced. In compensation for our outlays, we can deduct an amount of 15% of the net good value.

Guarantee/warranty

We extend a warranty of 10 years on our collectors from the date of delivery. Exceptions are the tank collectors of the OTC series as well as collectors of the ECO series, for which a warranty of 5 years is extended. The warranty on controllers, measuring devices and electrical parts is 2 years. Individual warranty arrangements are reserved. The warranty extends to the service specified in the catalogue and the perfect condition of the products. We replace at no charge parts that demonstrably become defective within the warranty period because of material or production faults. We strictly reject any further obligations, especially the acceptance of compensation for damages, costs of replacement and installation. Also exempted from the warranty are parts that are subject to natural wear or material fatigue. The condition for the implementation of the warranty is the installation by an instructed specialist operation authorized on us, the strict observance of guidelines and instructions in the installation and operation manual.

Commissioning of plants / customer service

Plants must be commissioned no later than 3 months after installation of components by the responsible installing company. For plant which has not been commissioned within this period, we can limit the warranty services. In the case of plant that is not commissioned within this period or which is subject to technical problems, we can, on request of the end customer and if we regard this as necessary, perform repairs, adjustments and settings on the plant.  This work shall be invoiced to the end customer, installer or dealer at our discretion.

Illustrations, dimensions, weight

These are not binding. Design changes are reserved. In special cases, binding dimensional sketches are to be demanded.

Liability

Even outside the scope of the warranty, damage compensation claims of any kind (e.g. because of delay, impossibility of providing service, culpable infringement of contract, debts on signature of contract and impermissible dealing). The exclusion of liability and the limitation of liability do not apply in cases in which we are liable according to the product liability act for personal injuries or material damage on privately used objects.

Commissioning on plants

On request of the customer and against compensation of costs, plants can be commissioned by our service installer.

Place of jurisdiction

The place of jurisdiction is our domicile in Switzerland.

 Sevelen, 03.11.2009