GENERAL TERMS AND CONDITIONS (GTC).

1. Scope of application

 

  1. These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between Simrick AG (hereinafter “Provider”) and its customers.
  2. Any divergent, conflicting or supplementary General Terms and Conditions of the customer shall not become part of the contract unless their validity is expressly agreed in writing.

 

2. Contract conclusion

 

  1. Offers made by the provider are non-binding unless they are explicitly designated as binding.
  2. A contract is only concluded when the provider confirms it in writing or when the service is performed by him.

 

3. Prices and Payment

 

  1. All prices are quoted in the agreed currency and are to be considered exclusive of statutory VAT.
  2. Unless otherwise agreed, payment shall be made in two installments: 50% of the total amount as payment on account and 50% upon delivery of the goods.
  3. The payment on account is due immediately after the order is placed and must be received before the start of production or provision of services.
  4. The remaining payment is due upon delivery, on condition that the products or services have been duly accepted.
  5. In the case of late payment, the provider is entitled to charge interest on arrears at a rate of 5% p.a. starting from the due date.

 

4. Terms of delivery

 

  1. The delivery deadlines are agreed individually.
  2. No liability is accepted for late delivery due to postponements, subsequent technical adjustments or delays on the part of the customer.
  3. If no individual delivery period has been agreed, the non-binding delivery times shall apply and the risk is transferred to the customer once the goods are handed over to the shipping service provider.
  4. Unless otherwise agreed, the following delivery conditions apply:
  • For shipments to Switzerland, the delivery conditions DDP (Delivered Duty Paid) apply.
  • For shipments outside Switzerland, the delivery terms DAP (Delivered At Place) apply.
  • The provider accepts no liability for delays and late deliveries that are beyond the controll and influence of Simrick AG.
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5. Warranty and Liability

 

  1. The customer must inspect the goods or services immediately upon delivery and report any defects in writing within 5 days.
  2. In the event of justified defects, the provider shall, at his own election, repair or replace the product.
  3. Further liability claims are excluded, unless they are based on gross negligence or intent.


6. Customized production

 

  1. For all custom-made products, project samples shall be created individually according to the customer's wishes before the start of production. In case of excessively requested project samples that do not result in an order, the provider is authorized to charge compensation for the incurred costs.
  2. The project samples approved by the customer are deemed to be the contractual basis and form an integral part of the contract.
  3. If the end product does not deviate significantly from the project samples approved by the customer, the customer shall not be entitled to return or cancel the order.
  4. Changes that lead to a significant deviation from the approved project sample require a new agreement and the written consent of both parties.


7. Retention of Title

 

  1. The delivered goods remain the property of the provider until full payment has been made.
  2. The customer is obliged to treat the goods with care until the ownership is transferred and to prevent unauthorized access by third parties.


8. Data protection

 

  1. The provider processes personal data exclusively within the applicable Swiss data protection laws.
  2. Further information on the processing of personal data can be viewed in the provider's data protection declaration.


9. Concluding provisions

 

  1. This contract is governed exclusively by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction for all disputes is the registered seat of Simrick AG.
  3. Should any clause of these General Terms and Conditions be or become invalid, it will not affect the validity of the remaining terms.