Terms and Conditions
Version effective as of 28. January 2024
I. General
- The following conditions apply to the entire business relationship with our customers. The Purchaser
recognizes them as being binding for the agreement in question and also for all future business
dealings. Any deviating agreement shall require our written confirmation. The Purchaser waives the
assertion of its own purchase conditions. These shall not become part of the agreement through silence
on our part or through our delivery.
- Only Swiss law shall apply to the legal relationship with the Purchaser. The place of performance is
Basel, Switzerland.
II. Prices
- Our prices are net. Where applicable, the statutory VAT or Sales Tax applicable on the day of
transaction will be
added during checkout.
III. Liability for defects and damages
-
All claims for damages - no matter for which legal reason - which are based on slight or medium
negligence on our part are ruled out unless this exclusion of liability restricts
significant rights or obligations arising from the nature of the agreement to such an extent that
achievement of the contractual purpose is endangered.
-
The aforementioned exclusion of liability shall not apply in non-commercial transactions inasmuch as
claims for damages are asserted due to delay or impossibility. In these cases, however, our liability
shall be restricted to the direct damage up to the purchase price of the goods concerned.
- Nos. 1 and 2 shall not apply for claims for damages due to assured characteristics.
-
Inasmuch as we are liable for damages, our liability shall always be limited to the replacement of
the direct damage up to the purchase price of the goods concerned. Any other damages,
including consequential, lost profits, special, indirect or incidental damages can not be recovered.
-
The above-mentioned provisions are not applicable with respect to claims pursuant to the product
liability law.
- In case of a justified complaint, we shall eliminate defects at our discretion through cost-free repair.
In case of failure of repair, the Purchaser can demand a reversal of the agreement. Further liability,
in particular for damage that has not been incurred on the delivered goods themselves, is ruled out
within the framework of no. IV.
IV. Claims for damages
-
Claims for damages of the Purchaser against us - no matter for which legal reason - are ruled out
inasmuch as we are not guilty of intent or gross negligence, we are not compellingly liable due to
missing assured characteristics or we have not culpably violated a contractual obligation which is
significant for achieving the purpose of the agreement.
V. Protection or copyright
-
The Purchaser shall inform us without delay and in writing if its attention is drawn to the violation of
commercial protection or copyrights through a product delivered by us. We alone are entitled and obliged
to defend the Purchaser against claims of the holder of such rights and to regulate these claims at our
own expense inasmuch as they are based on a direct violation by a product delivered by us. We shall
always make every effort to grant the Purchaser the right to use the product. If it is not possible for
us at economically reasonable conditions, we shall alter or replace this product at our discretion in
such a manner that the protective right is not violated, or withdraw the product and refund the purchase
price less any amount for the possibility of use granted.
VI. Foreign transactions
-
The provisions of the Hague Treaty concerning international purchase agreements shall not be
applicable. The substantive law of the Swiss Federation shall apply.
VII. Effectiveness
-
If individual provisions are ineffective, the effectiveness of the remaining provisions is not
affected. The ineffective provision shall be regarded as being replaced by a provision that is suitable
to realize the purpose of the ineffective provision.
VIII. Place of jurisdiction
-
The place of jurisdiction for all disputes resulting from the contractual relationship - even from
withdrawal - is Basel, Switzerland.