GTC
General Terms and Conditions of MAUDERLI AG
1 Scope of the General Terms and Conditions
1.1
The General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions concluded in writing or verbally between MAUDERLI AG, based in Werthenstein, as the seller, and the purchaser (hereinafter referred to as the customer). The deliveries, services and offers of MAUDERLI AG are made exclusively on the basis of these GTC. These terms and conditions are deemed to have been accepted when the goods or services are ordered.
1.2
Deviations from these GTC shall only be effective if they are confirmed in writing by MAUDERLI AG.
If these GTC contradict the customer’s general terms and conditions of purchase, the GTC of MAUDERLI AG shall take precedence over the customer’s terms and conditions of purchase.
2. changes to the General Terms and Conditions
MAUDERLI AG reserves the right to amend these GTC at any time and without prior notice. The current version of the GTC can be viewed on the MAUDERLI AG website (www.mauderli.ch).
3rd order
3.1
MAUDERLI AG requires information about the Customer (name, address, telephone number, e-mail address, etc.). This information is used to establish and process the business relationship between MAUDERLI AG and the customer and to contact the customer.
3.2
MAUDERLI AG accepts no liability for the correctness, accuracy, currency, reliability and completeness of the information provided. Liability claims against MAUDERLI AG for material or immaterial damage arising from access to or use or non-use of the published information, misuse of the connection or technical faults are excluded. MAUDERLI AG expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently.
4 Offer and conclusion of contract
4.1
The prices, quantities, delivery periods and delivery options contained in the offers of MAUDERLI AG are subject to change and non-binding. The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties, unless they are expressly designated as binding in writing. The usual tolerances of the relevant industry standards apply to dimensions.
4.2
An order is deemed to be a binding offer. The contract shall only come into effect upon written confirmation of the order by MAUDERLI AG by post, fax or e-mail or upon delivery to the place of delivery specified by the customer. The order can neither be withdrawn nor canceled.
5. prices
5.1
The prices stated in the order confirmation from MAUDERLI AG are authoritative. The prices do not include taxes (VAT) and are ex works (excluding transportation and shipping costs).
5.2
MAUDERLI AG is entitled to adjust the agreed prices if the prices of raw materials change significantly or in the event of changes in exchange rates. Unless otherwise agreed, a change in raw material prices of +/- 5% shall entitle MAUDERLI AG to adjust the prices.
6. delivery
6.1
Dates and delivery periods are binding if they have been agreed.
6.2
If MAUDERLI AG is unable to meet the agreed deadline, it shall inform the customer accordingly. The customer is entitled to set a reasonable grace period of at least 30 days. After expiry of this period, the Client is entitled to withdraw from the contract. In this case, MAUDERLI AG shall reimburse the customer for any amounts already paid in advance. There are no further claims against MAUDERLI AG.
6.3
If the customer does not accept the ordered products on the agreed or indicated delivery date, the customer shall be in default. MAUDERLI AG may extend the delivery period or terminate the contract and invoice the customer for the delivery costs incurred and a handling fee of 30 % of the order value, but at least CHF 100.00. In the case of custom-made products, the entire purchase price remains due.
7. payment
7.1
In the case of purchase on account, the customer is obliged to pay the invoice amount within 30 calendar days of receipt of the delivery without any deductions.
If the customer fails to meet his payment obligation in whole or in part, all outstanding amounts owed by the customer to MAUDERLI AG shall become due immediately. In this case, MAUDERLI AG may suspend further deliveries of products to the customer.
MAUDERLI AG charges default interest of 5% from the 2nd reminder.
8. reservation of title
Ordered products remain the property of MAUDERLI AG until full payment has been received. MAUDERLI AG is entitled to make a corresponding entry in the retention of title register.
9. obligation to test the products
The customer must check delivered or collected products immediately for correctness, completeness, delivery damage and any defects. Defects, delivery damage, incorrect and incomplete deliveries must be reported to MAUDERLI AG within 5 calendar days of receipt or collection of the products.
10 Warranty and limitation of liability
10.1
MAUDERLI AG guarantees that the delivered products are free from manufacturing and material defects that render the delivered products unusable.
10.2
The warranty period is 2 years from the date of delivery.
10.3
MAUDERLI AG provides no warranty for defects that are attributable to improper use, storage and incorrect processing of the products. Insignificant deviations from the warranted characteristics of the products do not trigger any warranty rights. Liability for normal wear and tear is excluded.
10.4
MAUDERLI AG can provide the warranty either by free repair, partial and complete replacement by an equivalent product, credit note at a maximum of the sales price at the time of the order or reduction. Claims for damages against MAUDERLI AG arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded, except in cases of willful misconduct or gross negligence. Any liability for consequential damage resulting from the use of the products is excluded.
11. returns
MAUDERLI AG can take back bulk products, such as pipes, on a voluntary basis. A charge is made for storage and retrieval, cleaning and transportation costs.
Specially manufactured products will not be taken back.
12. data protection
MAUDERLI AG is entitled to process the data about the customer received with regard to the business relationship or in connection with it, regardless of whether these originate from the customer himself or from third parties, in accordance with the Federal Act on Data Protection (FADP). Personal customer data will be treated confidentially and only passed on to third parties as part of the credit check.
13 Applicable law and place of jurisdiction
Swiss law shall apply exclusively. The place of jurisdiction is at the registered office of MAUDERLI AG, in Werthenstein, Canton of Lucerne. In the case of consumer contracts, the place of jurisdiction remains the customer’s place of residence.