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General Terms and Conditions
General Terms and Conditions (GTC) of Kindlimann AG in Tägerschen, valid from 1 July 2021
1. Conclusion / Agreement
Our deliveries are made exclusively on the basis of the following conditions. Purchasing conditions of the buyer are expressly rejected. They shall not be binding for us, even if we do not object again at the time of contract conclusion. At the latest upon receipt of the goods, our General Terms and Conditions shall be deemed accepted. Agreements and arrangements – in particular those that amend these conditions – shall only become binding upon our written confirmation (including email, fax, etc.).
2. Prices
We reserve the right to adjust prices, for example in the event of price changes of raw materials and/or finished products by suppliers, as well as in the case of exchange rate fluctuations or the introduction or increase of taxes or other public charges up to the day of delivery.
3. Terms of Payment
Our invoices are payable within 30 days net or according to special agreements. We reserve the right to charge default interest for late payments. Payments must be made using the pre-filled payment slips enclosed with the invoices. Value-added tax (VAT) is not included in the prices. Surcharge per inspection certificate 2.2 according to EN 10204: CHF 20. Per inspection certificate 3.1 according to EN 10204: CHF 35. Surcharges for fixed-length and mitre cuts are charged upon request; for fixed lengths, any remaining material will be invoiced. A general minimum order fee of CHF 10 will be charged.
4. Transport / Surcharges
Deliveries are carried out using our own fleet or by external forwarding companies directly to the goods receiving department or to the construction site. A share of transport costs will be charged for all deliveries, including special transports and crane unloading. For postal shipments, parcel services, and packaging, we charge the actual costs incurred. A surcharge will be applied for deliveries at specified times. A surcharge will also be charged for each picking position. The material is transported in all cases at the buyer’s expense and risk. The buyer is obliged to acknowledge receipt of the delivery. If no confirmation of receipt is provided by the buyer, the goods shall be deemed delivered in accordance with our notice on the delivery documents and under our conditions.
5. Transfer of Risk
Risk passes to the buyer upon loading the goods onto the means of transport. In the case of postal shipment, risk passes to the buyer upon handover of the goods to the parcel service provider.
6. Delivery Deadlines
Events of force majeure, work stoppages at suppliers, or operational disruptions release us from compliance with the stated delivery dates. Claims for damages and withdrawal from the contract due to non-compliance with delivery deadlines are excluded. Our delivery dates are to be regarded as approximate and non-binding.
7. Defects and Warranty
The buyer must submit complaints about defects in writing within eight days of receipt of the goods to be valid. Defects that cannot be discovered within this period despite careful inspection must be reported in writing immediately upon discovery, with any processing stopped immediately, but no later than three months after receipt of the goods. We do not guarantee that the goods are suitable for the intended purpose. We also do not provide any guarantee for surface treatments. All other claims, including contract rescission or price reduction, are excluded.
8. Liability
Subject to other provisions in the contract or these General Terms and Conditions, liability of Kindlimann AG is excluded to the extent permitted by law. The above exclusion of liability also applies to the employees, governing bodies, and auxiliary personnel of Kindlimann AG.
9. Returns
Returns cannot be accepted without prior notice. Returns will be credited within three months subject to handling fees of at least CHF 50 or 30% of the value of the goods. Processed, soiled, or defective material will not be accepted for return. Packaging, picking positions, and cutting costs will not be refunded.
10. Data and Data Protection
The buyer agrees that their data may be stored and processed by Kindlimann AG and, if necessary, by third parties in Switzerland and abroad for the purpose of contract processing. Kindlimann AG assures the buyer that their data will always be handled in accordance with applicable legal provisions on data protection and data security.
11. Place of Jurisdiction and Applicable Law
The place of jurisdiction is Münchwilen (TG). Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
12. Severability Clause
Should individual provisions of these General Terms and Conditions prove to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, and enforceability of the remaining parts of these terms. In such a case, the parties undertake to replace the invalid, ineffective, or unenforceable provision with a valid, effective, and enforceable provision that most closely reflects the original intent of the parties.
Our deliveries are made exclusively on the basis of the following conditions. Purchasing conditions of the buyer are expressly rejected. They shall not be binding for us, even if we do not object again at the time of contract conclusion. At the latest upon receipt of the goods, our General Terms and Conditions shall be deemed accepted. Agreements and arrangements – in particular those that amend these conditions – shall only become binding upon our written confirmation (including email, fax, etc.).
2. Prices
We reserve the right to adjust prices, for example in the event of price changes of raw materials and/or finished products by suppliers, as well as in the case of exchange rate fluctuations or the introduction or increase of taxes or other public charges up to the day of delivery.
3. Terms of Payment
Our invoices are payable within 30 days net or according to special agreements. We reserve the right to charge default interest for late payments. Payments must be made using the pre-filled payment slips enclosed with the invoices. Value-added tax (VAT) is not included in the prices. Surcharge per inspection certificate 2.2 according to EN 10204: CHF 20. Per inspection certificate 3.1 according to EN 10204: CHF 35. Surcharges for fixed-length and mitre cuts are charged upon request; for fixed lengths, any remaining material will be invoiced. A general minimum order fee of CHF 10 will be charged.
4. Transport / Surcharges
Deliveries are carried out using our own fleet or by external forwarding companies directly to the goods receiving department or to the construction site. A share of transport costs will be charged for all deliveries, including special transports and crane unloading. For postal shipments, parcel services, and packaging, we charge the actual costs incurred. A surcharge will be applied for deliveries at specified times. A surcharge will also be charged for each picking position. The material is transported in all cases at the buyer’s expense and risk. The buyer is obliged to acknowledge receipt of the delivery. If no confirmation of receipt is provided by the buyer, the goods shall be deemed delivered in accordance with our notice on the delivery documents and under our conditions.
5. Transfer of Risk
Risk passes to the buyer upon loading the goods onto the means of transport. In the case of postal shipment, risk passes to the buyer upon handover of the goods to the parcel service provider.
6. Delivery Deadlines
Events of force majeure, work stoppages at suppliers, or operational disruptions release us from compliance with the stated delivery dates. Claims for damages and withdrawal from the contract due to non-compliance with delivery deadlines are excluded. Our delivery dates are to be regarded as approximate and non-binding.
7. Defects and Warranty
The buyer must submit complaints about defects in writing within eight days of receipt of the goods to be valid. Defects that cannot be discovered within this period despite careful inspection must be reported in writing immediately upon discovery, with any processing stopped immediately, but no later than three months after receipt of the goods. We do not guarantee that the goods are suitable for the intended purpose. We also do not provide any guarantee for surface treatments. All other claims, including contract rescission or price reduction, are excluded.
8. Liability
Subject to other provisions in the contract or these General Terms and Conditions, liability of Kindlimann AG is excluded to the extent permitted by law. The above exclusion of liability also applies to the employees, governing bodies, and auxiliary personnel of Kindlimann AG.
9. Returns
Returns cannot be accepted without prior notice. Returns will be credited within three months subject to handling fees of at least CHF 50 or 30% of the value of the goods. Processed, soiled, or defective material will not be accepted for return. Packaging, picking positions, and cutting costs will not be refunded.
10. Data and Data Protection
The buyer agrees that their data may be stored and processed by Kindlimann AG and, if necessary, by third parties in Switzerland and abroad for the purpose of contract processing. Kindlimann AG assures the buyer that their data will always be handled in accordance with applicable legal provisions on data protection and data security.
11. Place of Jurisdiction and Applicable Law
The place of jurisdiction is Münchwilen (TG). Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
12. Severability Clause
Should individual provisions of these General Terms and Conditions prove to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, and enforceability of the remaining parts of these terms. In such a case, the parties undertake to replace the invalid, ineffective, or unenforceable provision with a valid, effective, and enforceable provision that most closely reflects the original intent of the parties.
General Terms and Conditions
General Terms and Conditions (GTC) of Kindlimann AG in Tägerschen, valid from 1 July 2021
1. Conclusion / Agreement
Our deliveries are made exclusively on the basis of the following conditions. Purchasing conditions of the buyer are expressly rejected. They shall not be binding for us, even if we do not object again at the time of contract conclusion. At the latest upon receipt of the goods, our General Terms and Conditions shall be deemed accepted. Agreements and arrangements – in particular those that amend these conditions – shall only become binding upon our written confirmation (including email, fax, etc.).
2. Prices
We reserve the right to adjust prices, for example in the event of price changes of raw materials and/or finished products by suppliers, as well as in the case of exchange rate fluctuations or the introduction or increase of taxes or other public charges up to the day of delivery.
3. Terms of Payment
Our invoices are payable within 30 days net or according to special agreements. We reserve the right to charge default interest for late payments. Payments must be made using the pre-filled payment slips enclosed with the invoices. Value-added tax (VAT) is not included in the prices. Surcharge per inspection certificate 2.2 according to EN 10204: CHF 20. Per inspection certificate 3.1 according to EN 10204: CHF 35. Surcharges for fixed-length and mitre cuts are charged upon request; for fixed lengths, any remaining material will be invoiced. A general minimum order fee of CHF 10 will be charged.
4. Transport / Surcharges
Deliveries are carried out using our own fleet or by external forwarding companies directly to the goods receiving department or to the construction site. A share of transport costs will be charged for all deliveries, including special transports and crane unloading. For postal shipments, parcel services, and packaging, we charge the actual costs incurred. A surcharge will be applied for deliveries at specified times. A surcharge will also be charged for each picking position. The material is transported in all cases at the buyer’s expense and risk. The buyer is obliged to acknowledge receipt of the delivery. If no confirmation of receipt is provided by the buyer, the goods shall be deemed delivered in accordance with our notice on the delivery documents and under our conditions.
5. Transfer of Risk
Risk passes to the buyer upon loading the goods onto the means of transport. In the case of postal shipment, risk passes to the buyer upon handover of the goods to the parcel service provider.
6. Delivery Deadlines
Events of force majeure, work stoppages at suppliers, or operational disruptions release us from compliance with the stated delivery dates. Claims for damages and withdrawal from the contract due to non-compliance with delivery deadlines are excluded. Our delivery dates are to be regarded as approximate and non-binding.
7. Defects and Warranty
The buyer must submit complaints about defects in writing within eight days of receipt of the goods to be valid. Defects that cannot be discovered within this period despite careful inspection must be reported in writing immediately upon discovery, with any processing stopped immediately, but no later than three months after receipt of the goods. We do not guarantee that the goods are suitable for the intended purpose. We also do not provide any guarantee for surface treatments. All other claims, including contract rescission or price reduction, are excluded.
8. Liability
Subject to other provisions in the contract or these General Terms and Conditions, liability of Kindlimann AG is excluded to the extent permitted by law. The above exclusion of liability also applies to the employees, governing bodies, and auxiliary personnel of Kindlimann AG.
9. Returns
Returns cannot be accepted without prior notice. Returns will be credited within three months subject to handling fees of at least CHF 50 or 30% of the value of the goods. Processed, soiled, or defective material will not be accepted for return. Packaging, picking positions, and cutting costs will not be refunded.
10. Data and Data Protection
The buyer agrees that their data may be stored and processed by Kindlimann AG and, if necessary, by third parties in Switzerland and abroad for the purpose of contract processing. Kindlimann AG assures the buyer that their data will always be handled in accordance with applicable legal provisions on data protection and data security.
11. Place of Jurisdiction and Applicable Law
The place of jurisdiction is Münchwilen (TG). Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
12. Severability Clause
Should individual provisions of these General Terms and Conditions prove to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, and enforceability of the remaining parts of these terms. In such a case, the parties undertake to replace the invalid, ineffective, or unenforceable provision with a valid, effective, and enforceable provision that most closely reflects the original intent of the parties.
Our deliveries are made exclusively on the basis of the following conditions. Purchasing conditions of the buyer are expressly rejected. They shall not be binding for us, even if we do not object again at the time of contract conclusion. At the latest upon receipt of the goods, our General Terms and Conditions shall be deemed accepted. Agreements and arrangements – in particular those that amend these conditions – shall only become binding upon our written confirmation (including email, fax, etc.).
2. Prices
We reserve the right to adjust prices, for example in the event of price changes of raw materials and/or finished products by suppliers, as well as in the case of exchange rate fluctuations or the introduction or increase of taxes or other public charges up to the day of delivery.
3. Terms of Payment
Our invoices are payable within 30 days net or according to special agreements. We reserve the right to charge default interest for late payments. Payments must be made using the pre-filled payment slips enclosed with the invoices. Value-added tax (VAT) is not included in the prices. Surcharge per inspection certificate 2.2 according to EN 10204: CHF 20. Per inspection certificate 3.1 according to EN 10204: CHF 35. Surcharges for fixed-length and mitre cuts are charged upon request; for fixed lengths, any remaining material will be invoiced. A general minimum order fee of CHF 10 will be charged.
4. Transport / Surcharges
Deliveries are carried out using our own fleet or by external forwarding companies directly to the goods receiving department or to the construction site. A share of transport costs will be charged for all deliveries, including special transports and crane unloading. For postal shipments, parcel services, and packaging, we charge the actual costs incurred. A surcharge will be applied for deliveries at specified times. A surcharge will also be charged for each picking position. The material is transported in all cases at the buyer’s expense and risk. The buyer is obliged to acknowledge receipt of the delivery. If no confirmation of receipt is provided by the buyer, the goods shall be deemed delivered in accordance with our notice on the delivery documents and under our conditions.
5. Transfer of Risk
Risk passes to the buyer upon loading the goods onto the means of transport. In the case of postal shipment, risk passes to the buyer upon handover of the goods to the parcel service provider.
6. Delivery Deadlines
Events of force majeure, work stoppages at suppliers, or operational disruptions release us from compliance with the stated delivery dates. Claims for damages and withdrawal from the contract due to non-compliance with delivery deadlines are excluded. Our delivery dates are to be regarded as approximate and non-binding.
7. Defects and Warranty
The buyer must submit complaints about defects in writing within eight days of receipt of the goods to be valid. Defects that cannot be discovered within this period despite careful inspection must be reported in writing immediately upon discovery, with any processing stopped immediately, but no later than three months after receipt of the goods. We do not guarantee that the goods are suitable for the intended purpose. We also do not provide any guarantee for surface treatments. All other claims, including contract rescission or price reduction, are excluded.
8. Liability
Subject to other provisions in the contract or these General Terms and Conditions, liability of Kindlimann AG is excluded to the extent permitted by law. The above exclusion of liability also applies to the employees, governing bodies, and auxiliary personnel of Kindlimann AG.
9. Returns
Returns cannot be accepted without prior notice. Returns will be credited within three months subject to handling fees of at least CHF 50 or 30% of the value of the goods. Processed, soiled, or defective material will not be accepted for return. Packaging, picking positions, and cutting costs will not be refunded.
10. Data and Data Protection
The buyer agrees that their data may be stored and processed by Kindlimann AG and, if necessary, by third parties in Switzerland and abroad for the purpose of contract processing. Kindlimann AG assures the buyer that their data will always be handled in accordance with applicable legal provisions on data protection and data security.
11. Place of Jurisdiction and Applicable Law
The place of jurisdiction is Münchwilen (TG). Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
12. Severability Clause
Should individual provisions of these General Terms and Conditions prove to be invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, and enforceability of the remaining parts of these terms. In such a case, the parties undertake to replace the invalid, ineffective, or unenforceable provision with a valid, effective, and enforceable provision that most closely reflects the original intent of the parties.