General Terms and Conditions (Products) of Suisse
Technology Partners Ltd (GTC Suisse TP Prod)
These general terms and conditions (GTC) shall apply for
all sales and deliveries of products by Suisse Technology
Partners Ltd (Suisse TP) to a buyer (Customer). Differing
and additional provisions shall not apply unless explicitly
agreed upon by Suisse TP and the Customer in writing.
General terms of the Customer shall only be binding if
accepted by Suisse TP in writing.
To the extent the GTC do not provide for a regulation the
Swiss Code of Obligations shall apply.
By accepting ordered and delivered material Customer is
accepting these GTC.
2. Purchase Order, Prices and Payment
Nature and scope of goods owed are exclusively defined by
Suisse TP’s written offer, which has been accepted by
Customer, or by the Customer’s order which has been
confirmed in writing by Suisse TP.
Amendments of, or additions to, the nature and the scope
of goods shall be binding only in written form.
VAT is not included in any prices unless explicitly noted
otherwise. Invoices are due for payment 30 days after
reception of goods.
3. Shipment and Related Costs
Any increase in tariffs and fees such as transport costs,
insurance premiums, customs duties, charges etc.
occurring after the conclusion of the respective contract
shall be borne by Customer even if Suisse TP has agreed
to be responsible for transportation, insurance, customs
4. Late Payment
In case Customer fails to comply with the agreed payment
terms or becomes insolvent, all open balances become
immediately due for payment irrespective of any otherwise
agreed payment schedule. In case of late payment by
Customer Suisse TP has further the right to immediately
stop delivery and/or cancel the contract without having to
give prior notice to Customer. Customer shall have to fully
indemnify Suisse TP for any damages suffered. In addition,
Suisse TP is entitled to cancel immediately all orders
confirmed but not yet processed and/or completed and to
cancel the respective contracts forthwith.
5. Force Majeure
Force Majeure releases Suisse TP from the obligation to
observe any agreed schedule for delivery. Force Majeure
shall, without limitation, include war, sabotage, strike, labor
conflicts, civil disturbances, riots, revolution, decrees of
public authorities, shortage of raw material, flood, fire and
other natural disasters and any other unforeseen
interruption of work affecting Suisse TP or any of its
suppliers or other events that hinder Suisse TP temporarily
or permanently in fulfilling of the agreed contract or render
such fulfillment commercially unreasonable.
6. Examination, Claims and Warranty
Delivered goods have to be examined by Customer
immediately after receipt, before processing at the latest.
Any claim in respect of weight or quantity as well as any
claim concerning defects of the goods shall be notified to
Suisse TP in writing within eight (8) days following receipt
of the goods. In case Customer fails to examine the goods
and/or to notify Suisse TP in due time on any claim in
accordance with these terms, any right of Customer for
warranty claims shall be excluded.
In case of defective goods Suisse TP shall be granted the
opportunity to examine such goods at Customer’s premises
otherwise any right of Customer for warranty claims shall
In the case of justified claims Suisse TPs liability is limited
to the replacement of the defective goods at no cost for
Customer. Customer shall have no further or other claims
against Suisse TP. In particular, Customer shall have not
right to rescind the contract, to claim reduction of the price
or compensation for damages, e.g. for lost profit. In
particular, excluded are any claims by Customer for direct
or indirect and consequential damages or for any costs and
expenses Customer may incur in connection with defective
goods, all subject to mandatory provisions of the Swiss
Federal Law on Product Liability.
No representation and/or warranty in respect of goods
and/or their use shall be inferred by Customer from any oral
statements that may be given by Suisse TP’s employees
and/or other representatives and any liability of Suisse TP
in respect of such statements shall be excluded. Suisse TP
shall not be liable in case of failure to observe operating
instructions for goods delivered by Suisse TP.
7. Final Provisions
Unless agreed otherwise, place of performance shall be the
registered office of Suisse TP in Neuhausen, Switzerland.
Place of jurisdiction shall be Schaffhausen, Switzerland
(ordinary courts). Swiss law shall exclusively apply.