General terms and Conditions
The general terms and conditions (hereinafter GTC) are an integral part of the contract between Verreaux Swiss (hereinafter Verreaux) and the customer. The terms and conditions are applicable without reservation and take precedence over any other terms and conditions. Agreements that amend or supplement the following provisions require the written consent of Verreaux to be valid. Once the terms and conditions have been agreed, they also apply to all further contractual relationships between Verreaux and the customer. The version of the GTC in force at the time the contract is concluded applies.
1. Offers, orders
Verreaux’s offers are non-binding. The contract between Verreaux and the customer is concluded as soon as Verreaux has confirmed the verbal or written order of the customer in writing. The content of the order confirmation is decisive for the scope of deliveries and services by Verreaux. This is considered to be recognized by the customer, provided that the customer does not object in writing to its content within three working days of receipt. The minimum order value resp. -Quantity is agreed per order.
The prices are net ex works, exclusive of VAT. The packaging will not be charged and will not be credited for any returns.
3. Shipping and shipping costs
Shipping instructions of the customer are only binding for Verreaux if Verreaux has confirmed them in writing. Shipping costs for custom-made products will be charged to the customer. In the case of standard products, the customer will be charged a shipping fee according to the shipping cost charged by the shipping company for deliveries with a net value of goods below CHF 500. Deliveries with a net goods value of CHF 500 or more will not be charged any shipping costs. For direct shipments (deliveries to consumers on behalf of the customer) a surcharge of CHF 45.00 is levied. Postal items are sent using PostPac Economy, means Arrival on the next but one working day from the day of dispatch. At the request of the customer, mail can also be sent using PostPac Priority or Swiss-Express. The customer has to bear the resulting additional costs. Verreaux determines the mode of transport. If the customer wishes a mode of transport that differs from that chosen by Verreaux, the additional costs incurred must be borne by the customer.
4. Delivery times
Delivery times depend on each item. For custom-made products, these can be agreed on. Delays of more than a week are notified by Verreaux. In the case of standard components, the delivery period from the written order is up to 10 working days. Verreaux will only keep the promised delivery week if the customer fulfills his obligations resp. placed the written order on time. If the order arrives too late, Verreaux is no longer bound by an agreed delivery period. The specified delivery date relates to the entire calendar week; Verreaux is free to choose the actual delivery date within the corresponding calendar week. A right of withdrawal and claims for damages on the part of the customer based on non-compliance with a delivery date / delivery period are expressly excluded. We reserve the right to cases of delay that can be proven to have been caused intentionally or through gross negligence on the part of Verreaux. If there is no agreement on a delivery date / time, Verreaux will deliver as soon as the ordered goods are available. If the customer is in default of acceptance or if he violates other obligations to cooperate, Verreaux is entitled to claim all damage it has suffered as a result.
5. Scope of deliveries
Verreaux is entitled to make partial deliveries. Verreaux reserves the right to excess or short delivery quantities of 5%. This tolerance is also valid for partial deliveries.
6. Transfer of benefit and risk
Benefit and risk are transferred to the purchaser when the deliveries leave Verreaux’s works.
7. Acceptance of deliveries and guarantees
Defects in terms of weight, number of items, quality and price of the goods must be reported to Verreaux in writing within 3 days of receipt of the same, otherwise the goods and the price are deemed to be approved. If no such notification is given, the goods and the price are deemed to have been recognized and any warranty claims by the customer are void. Verreaux undertakes, in the event of timely notification in accordance with Paragraph 1 of Clause 8, upon written request by the customer, all parts of the delivery that are demonstrably defective or unusable as a result of poor material, faulty construction or poor workmanship, free of charge, against their return within a reasonable period to replace. To simplify processing, the returned goods are usually credited to the customer and the replacement goods are re-invoiced. Tolerances customary in the industry are due to technical reasons and are not considered a defect. The images in catalogs and price lists as well as the dimensions, colors and the like are approximate and non-binding. Further warranty claims of the customer that go beyond the claims listed here, in particular claims for damages, price reduction, cancellation of the contract or withdrawal from the contract, are excluded. This does not apply to cases of intent or gross negligence on the part of Verreaux. The unauthorized return of delivered goods will not be reimbursed.
Returns without prior consultation with Verreaux will not be accepted.
Verreaux is only liable to the customer for negligence resulting from intent and gross negligence. An exclusion of liability is agreed for custom-made products and projects.
Samples are usually charged to the customer. In particular, custom-made products that are produced for the customer. The amounts invoiced for the production of tools are to be understood as proportionate costs. Their payment does not entitle the customer to the delivery of the relevant tools. The tools remain the exclusive property of Verreaux and, in particular, may not be passed on to third parties.
11. Retention of title
The goods remain the property of Verreaux until the purchase price and all ancillary claims have been paid in full. Verreaux is entitled to have the retention of title entered in the relevant register.
12. Terms of payment
The payments are to be made by the customer without any deduction (e.g. discount, expenses, taxes, fees, etc.). The payment period is 30 days from the invoice date. In the event of non-payment within the payment period, the customer will be made aware of the open invoice. If payment is not made within 5 working days of the reminder, Verreaux reserves the right to charge default interest of 10% per order.
Law The contractual relationships between Verreaux Swiss and the customer are expressly subject to Swiss law.
14. Place of jurisdiction
The exclusive place of jurisdiction for any disputes is the seat of Verreaux Swiss.
Last updated: March 2021
Changes and errors excepted.