Stettler Sapphire Ltd General Conditions of Sale and Delivery
Unless otherwise agreed to in writing with the Buyer, the following terms and conditions shall apply exclusively to all business transactions conducted with Stettler Sapphire Ltd. No provisions to the contrary contained in the Buyer’s General Terms and Conditions shall apply.
The General Terms & Conditions of Sale and Delivery of Stettler Sapphire Ltd. are shown on the back of our written offers. They are deemed accepted by the Buyer when placing a purchase order.
Invoices are due and payable net 30 days; shipping, packaging and VAT are additional.
The purchase order shall be deemed filled provided the quantities delivered are within the tolerance range indicated for over- and underdeliveries. The tolerance range for over- and underdeliveries is an integral part of the General Terms & Conditions of Sale and Delivery of Stettler Sapphire Ltd. The Buyer shall neither be entitled to demand subsequent delivery in the event of underdelivery nor to decline acceptance in the event of overdelivery. The purchase price shall be calculated based on the quantities that have effectively been delivered.
Full insurance coverage is provided at our expense against fire, water damage and theft for goods and materials supplied by the Buyer.
All jobbing work is performed by Stettler Sapphire Ltd. at the Buyer’s risk.
Insurance is provided by Stettler Sapphire Ltd. for the transportation of goods from its facilities to the Buyer. Any complaints concerning the packaging shall be notified in writing by the Buyer to the forwarding agent and to Stettler Sapphire Ltd. immediately on receipt of the goods.
lf the Buyer states that the shipment is defective, such goods shall be returned in its original package to Stettler Sapphire Ltd. within 30 days. Otherwise such goods shall be deemed accepted by the Buyer. Stettler Sapphire Ltd. shall at its discretion replace such defective goods, make subsequent deliveries or give credit for such returns. No other warranty claims made by the Buyer shall be accepted.
Any liability on the part of Stettler Sapphire Ltd. is excluded as permitted by law and not otherwise specified. Liability is limited exclusively to malicious or grossly negligent breach of duty in the performance of its obligations; in particular, liability for slight negligence is excluded. Said limitation of liability applies in particular to any damage claims as well as any other claims by the Buyer, irrespective of the legal basis for such a claim. Liability for consequential damages shall be rejected in full.
The exclusion or limitation of liability as set forth herein also applies to the decisions of the governing bodies of Stettler Sapphire Ltd., its employees, its legal or contractual representatives, agents and any other auxiliaries. Any liability claims filed against Stettler Sapphire Ltd. shall be subject to a one-year statute of limitations from the date of delivery or acceptance of the Seller’s performance.
In the event any provision of these General Terms & Conditions of Sale and Delivery is held to be invalid, such invalidity shall not affect the validity of any other provision. In the event of invalidity or unenforceability of such provision, it shall be replaced with a provision that comes closest to expressing the original intention of the invalid or unenforceable provision. The same applies in the event a loophole becomes apparent.
In addition to these General Terms & Conditions of Sale and Delivery, Swiss law shall apply at the exclusion of Switzerland’s Federal Code on Private International Law (CPIL) and of the Vienna Convention on the International Sale of Goods (CISG).
The Buyer expressly acknowledges CH-3250 Lyss to be the place of jurisdiction