1. Subject Matter of Contract
These terms and conditions of sale and delivery apply to all purchase contracts concluded between Soraton SA and the customer.
2. Conclusion of Contract
A contract between the customer and Soraton SA is only concluded upon an offer by the customer and its acceptance by Soraton SA. The customer’s offer may be made by telephone, in writing, by email or via the internet. Soraton SA accepts the offer by sending the customer an order confirmation by fax, email or post.
3. Product Range
All technical information on individual goods is based on the manufacturers’ specifications and is binding within this framework.
For larger quantities, please request our quotation.
4. Payment Terms
All catalogue prices are recommended prices that are continuously adjusted to the market. They are understood to be exclusive of VAT, unpacked, not prepaid, not cleared through customs, untaxed and uninsured from our Hinterforst warehouse. Transport and packaging costs are charged separately.
Payment of the total invoice amount is due net within 30 days of invoicing. In deviation from the aforementioned principle, Soraton SA reserves the right to require advance payments or to deliver cash on delivery. These deviations are recorded in the order confirmation.
The invoice amount must be paid effectively, i.e. in the currency stated on the invoice. All bank and transfer charges are to be paid by the customer. The customer is not entitled to make any deductions of any kind from the invoice amount.
Any deduction of a cash discount from the invoice amount requires the prior written consent of Soraton SA.
5. Delivery Terms / Transfer of Risk
Where available in stock, products are delivered immediately to the address specified by the customer. Otherwise, an order confirmation will be issued with the expected delivery date. This date is only binding if expressly agreed in writing.
Soraton SA reserves the right to adjust order quantities deviating from the respective standard packaging unit without prior notice. Over- or short deliveries of 5% are reserved.
All deliveries are made at the buyer’s risk. Risk passes to the buyer upon dispatch of the goods by Soraton SA. If the goods are stored for the customer, the risk passes to the buyer 48 hours after written notification of readiness for dispatch.
The customer must inspect the goods immediately upon receipt. Soraton SA reserves the right to make partial deliveries.
6. Retention of Title
The delivered goods remain the property of Soraton SA until full payment has been made. Soraton SA is entitled to make a corresponding entry in the retention of title register.
All tools and sample devices manufactured or made available by Soraton SA are the property of Soraton SA. This also applies if the customer has contributed to the costs of manufacture.
The illustrations, drawings, plans, calculations and other documents on which an order is based are the property of Soraton SA. Soraton SA expressly reserves all copyrights.
7. Warranty and Liability
The warranty period for all products offered is generally 12 months from the date of purchase. However, the written warranty card delivered with the goods shall be decisive in every case.
Defective products will be replaced or repaired free of charge, provided the defect is reported in writing to Soraton SA by the customer within eight working days of receipt of the goods. If the notice of defect is not given within this period, the goods are deemed to have been approved.
The warranty becomes void if modifications or repairs are made to the goods without the prior written consent of Soraton SA.
Soraton SA is only liable for intent and gross negligence. In particular, it is not liable for damage attributable to ordinary wear and tear, nor for damage that has not occurred to the delivered item itself (consequential damage).
Soraton SA is not liable for damage caused to the life and limb of the customer or third parties by improper handling, improper use or storage of the goods that is not appropriate for the goods.
8. Processing Instructions
Any processing instructions enclosed with the goods represent general guidelines only. If the specific areas of application or the actual working conditions differ from those mentioned in the processing instructions, prior case-specific consultation with Soraton SA is essential. The costs of the consultation will be invoiced separately and in addition.
Consumption data represents average empirical values from which significant deviations may occur in individual cases.
9. Place of Jurisdiction and Applicable Law
These general terms and conditions and the contracts concluded on the basis of these general terms and conditions are subject to Swiss law.
The exclusive place of jurisdiction for all disputes arising from these general terms and conditions or the contracts based thereon is CH-9450 Altstätten.
10. Final Provisions
Amendments and/or additions to these general terms and conditions and the contracts based thereon must be made in writing.
As of: December 2004
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