Terms and Conditions
General Terms and Conditions of Sale and Delivery
1. Scope of Application
Our General Terms and Conditions of Sale and Delivery apply to all deliveries and services of Schmutz + Hartmann AG.
Should a provision in our General Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of all other provisions.
2. Delivery Obligation
Orders are considered accepted if they are confirmed in writing by us, Schmutz + Hartmann AG.
The agreements and terms of sale set out in the order confirmation are decisive for the scope of the delivery.
Verbal agreements are only valid if they are confirmed in writing by Schmutz + Hartmann AG.
Agreements on orders and deliveries are only valid under the proviso that the production and delivery of the goods are not hindered or made impossible by force majeure such as war, strikes, lockouts, political unrest, official measures, transport obstructions, operational disruptions, fire damage and other accidents in our company. The same applies in the event of material difficulties of all kinds or if the aforementioned circumstances exist with a subcontractor. In all these cases, the customer waives claims for damages of any kind.
The customer is responsible for the necessary permits, hazard analyses and the fulfilment of legal or official regulations and requirements.
General terms and conditions, terms and conditions of purchase, etc. of the customer shall only apply if they have been accepted in writing by Schmutz + Hartmann AG. Our Terms and Conditions of Sale and Delivery also apply to follow-up business, provided that they have been communicated to the customer in the case of an earlier order.
3. Prices
Our prices are in Swiss francs excl. VAT ex works Ormalingen near Basel / Switzerland, uninsured and unpackaged. Costs for transport insurance are at the expense of the customer.
We are happy to organise the transport of the goods on behalf of the customer. The resulting costs shall be borne by the customer.
Unless otherwise stated, our offers remain valid for 3 months.
4. Dates
Only dates guaranteed in writing by Schmutz + Hartmann AG are binding. Such dates shall be extended appropriately if:
- the supplier does not receive the information required by it for the execution in a timely manner,
or the customer subsequently amends the information;
- b) the customer is in arrears with the work to be carried out by it or is in default with the performance of its contractual obligations, in particular if it does not comply with payment terms.
The supplier can make partial deliveries.
If the supplier has demonstrably caused the delay in the agreed date, the customer is entitled to compensation for the proven loss despite subsequent performance, waiver of performance or withdrawal from the contract. However, the claim for compensation amounts to a maximum of twenty percent of the value of the delayed delivery. Further claims from delivery delays are excluded.
5. Warranty
We provide a design and material guarantee of 24 months on all products manufactured by Schmutz + Hartmann AG, in accordance with the VSM standard and from the date of our invoice.
Outside of the warranty described above, any liability is excluded to the extent permitted by law.
In particular, Schmutz + Hartmann AG is not liable
- for used objects,
- material not supplied by us,
- for assembly and disassembly work not carried out by us,
- for objects to which modifications or repairs have been made without our consent,
- if the goods are not handled, installed, used or maintained according to our recommendations,
- for damage of any kind resulting from normal wear and tear (including wear parts), incorrect or violent handling, excessive use, unsuitable operation and maintenance, freezing, use of unsuitable materials and lubricants, accidents, force majeure and the like, and
- for merchandise or material from subcontractors.
Likewise, no liability is assumed in the event that changes (in particular additional installations on the object) are made by the customer. In particular, Schmutz + Hartmann AG expressly excludes all further warranty claims, such as price reduction or rescission, and any further liability for direct or indirect damage to the customer.
6. Payment
Payments must be made within the agreed deadlines and conditions. If no agreement has been reached, a payment period of 30 calendar days net applies.
Beginning on the date on which the payment period expires, the statutory default interest applies until receipt of payment.
If the customer is in default with a (partial) payment, all other claims become due immediately, unless the contractual partner proves that it is not responsible for the delay.
7. Retention of title
The goods remain our property until all costs have been paid in full. They may not be pledged, sold or rented to third parties until ownership is transferred.
Schmutz + Hartmann AG is authorised to have the retention of title entered in the register of retention of title at the expense of the customer.
8. Files
The supplier reserves the copyright to all drawings, illustrations and measurement sheets and sketches as well as printed matter of any kind that it hands over to the customer or the recipient.
9. Rights
Our manufacturer name and product names are protected by law. Lettering and logos may not be copied or given to third parties for use without our consent.
10. Place of jurisdiction and place of performance
All legal relationships between the parties are subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For all disputes between the parties, the registered office of Schmutz + Hartmann AG is agreed to be the exclusive place of jurisdiction, subject to mandatory places of jurisdiction.
Ormalingen, March 2019
