TERMS AND CONDITIONS

General Terms and Conditions - Wire & Cable Solution GmbH

 

1. Scope

The following conditions apply to all sales and deliveries, unless otherwise agreed in writing in individual cases. By placing an order, the customer accepts these conditions as binding. Other or deviating contractual conditions are only binding for us if we expressly confirm and acknowledge them in writing.

 

2. Offers and conclusion of contract

Offers, cost estimates and guide prices are generally non-binding and are non-binding for any subsequent orders. Orders and orders from the buyer only become binding when the order is confirmed in writing by Wire & Cable Solution GmbH. The offers are valid for 30 days (from the date of issue), provided there is no other binding period

is shown in the offer.

 

3. Withdrawal from the contract

Withdrawal from a contract entered into with us (purchase, service or work contract) is only possible if all costs that have arisen up to the point in time of withdrawal are fully borne by the customer. In addition, it requires the written consent of Wire & Cable Solution GmbH.

 

We reserve the right to withdraw from the contract if, after the conclusion of the contract, we become aware of circumstances that justify doubts that the financial situation of the customer has deteriorated significantly.

 

4. Prices, delivery, terms of payment and default

Our prices are generally exclusive of VAT.

All deliveries are made ex work and will be charged in addition to the goods.

 

For orders under an invoice amount of CHF 100.00 or € 100.00 (excluding VAT), a small quantity surcharge of CHF 30.00 or € 30.00 may be levied. This does not apply to subsequent deliveries.

 

As a rule, the delivery is made as a complete delivery (ex works). are

Partial deliveries / subsequent deliveries were made through the fault of Wire & Cable Solution GmbH, so these are delivered freight paid. If the customer wishes partial deliveries, he bears the resulting freight costs in full.

 

All invoices are payable 30 days net without discounts from the date of the invoice. If the open invoices are not paid on time, the customer will be in default without a reminder. The default interest is 5% according to OR Art. 104.

In the event of non-compliance or repeated late payments, as well as doubts about the solvency of the customer, we reserve the right to carry out further orders, orders or deliveries only by means of advance payment.

 

5. Offsetting of quantity deviations (short lengths / excess lengths)

For bulk (main spool from production) or made-to-order orders, a quantity tolerance of +/- 10% of the total quantity is possible. The total amount shown and charged to us by the supplier is checked upon arrival and invoiced accordingly.

 

6. Transfer of risk

Any risk is transferred to the purchaser at the latest as soon as the goods leave the delivery plant, are reported to the transport company that they are ready for collection or dispatch.

 

7. Acceptance

The customer is obliged to check the deliveries within 7 days (working days) and to notify Wire & Cable Solution GmbH in writing of any defects. The quantity tolerance for bulk (main spool from production) or made-to-order goods is +/- 10%. Complaints about incomplete or incorrect delivery must also be made in writing within the same period. If no complaints are received within this time, the deliveries and services are considered approved.

 

8. Return of goods

Products which are marked by our suppliers as non-cancellable & non-returnable (Made to order) can only be returned if this is accepted and approved by the supplier. The customer will be informed of this in writing and only then may the goods be returned to our warehouse.

 

For deliveries of goods that are returned to us without our written confirmation, a handling fee of

CHF 100.00 will be charged. The goods will then be returned to the purchaser / sender at his expense.

 

Operational costs that are charged by the supplier through the return must be borne in full by the customer. The return of the goods to our warehouse is at the expense of the customer.

 

Only goods that have not been used, have been cut and are in perfect condition can be returned.

 

9. Delivery times

The delivery times shown on our offer are from receipt of the order. We strive to meet the agreed delivery times. If unforeseen or unavoidable events occur during delivery (force majeure, import or transport difficulties, strikes, border closings due to pandemic or epidemic) for which Wire & Cable Solution GmbH is not responsible, the delivery date will be postponed accordingly. Exceeding the delivery date does not entitle the customer to withdraw from the contract, to refuse acceptance or payment and / or compensation.

 

10. Liability / Notification of Defects

Compensation claims for direct or indirect consequential damage are expressly excluded. According to OR Art. 201, the customer must check the quality of the goods received and, in the event of complaints, notify this in writing within 5 days (working days).

 

We reject all claims for consequential damage caused by normal wear and tear, incorrect or violent treatment, excessive stress, unsuitable use, accidents or force majeure, or disregard of regulations. We expressly assume no liability for changes or adjustments made to the goods without the written consent of Wire & Cable Solution GmbH.

 

11. Retention of title

The goods remain the property of Wire & Cable Solution GmbH until all claims from the business agreement entered into with us have been fully met.

 

12. Choice of law and place of jurisdiction

The legal relationship is subject to Swiss law, with the express exclusion of the Vienna Sales Convention of April 11, 1980. The place of jurisdiction and performance for both parties is the seat of Wire & Cable Solution GmbH.