General Terms and Conditions
are to be prepared for us free of charge and with no obligation.
2. Order and Confirmation
All orders are exclusively subject to our purchasing terms and conditions. General supplier purchasing conditions or other commercial conditions are not accepted under any circumstances. Deviation from these terms and conditions require our express written consent. Confirmation or placement of our order shall be deemed as acceptance of these purchasing terms and conditions. We reserve the right to cancel the order at any time if the order is not confirmed in writing within fourteen days of receipt by the supplier, stating the price and delivery time. All correspondence, including confirmation, delivery notes, despatch notes and invoices, relating to our order must include our full order number and, where indicated, our drawing number and description. Quoted prices are binding.
3. Delivery Dates and Delay in Delivery
Agreed dates and deadlines are binding. The receipt of the goods by us is decisive for compliance with the delivery date or the delivery period. As soon as the supplier believes that it will not be possible to make the delivery in whole or in part within the agreed delivery times or periods, this must be immediately stated in writing, giving the reasons and the expected duration of the delay. The delivery time or period shall commence on receipt of order. If the supplier does not fulfil within the agreed time, we can withdraw from the purchase contract after a reasonable period of grace. We may retain partial deliveries and otherwise withdraw from the contract. The supplier will compensate us for the damage caused by the delay.
4. Delivery and Despatch
must be made free of all expenses to the place of receipt specified by us at the supplier’s cost and risk. If we are to bear the shipping costs, the consignments shall be transported at the lowest cost unless we expressly specify a mode of transport. The supplier is responsible for any on-costs for expedited transportation required to meet a delivery date. The goods must be accompanied by a delivery note. The numerical values determined at our goods inwards inspection will be taken as the number of items and weight; excess or short deliveries shall not be permitted unless they have been approved by the customer. Despatch address packages / post: Rätia Mechanik AG, Industriepark Vial 4, CH-7013 Domat/Ems, Switzerland
The supplier is obliged to package the goods carefully. We reserve the right to take ownership of invoiced packaging material. The supplier is liable for goods damaged due to inadequate packaging. Defective material must be replaced immediately.
that do not include our complete order numbers, designations, drawing numbers and, if indicated, batch numbers, shall be deemed not to have been issued until clarified by the supplier. The same applies in all respects to delivery notes and despatch notes. Partial and residual deliveries must be indicated as such on invoices and delivery notes.
Unless otherwise agreed, payment will be made 30 days net after receipt of the invoice and the delivery. If the goods are received later than the invoice, invoicing will be based on the date of receipt of goods. Costs, including pro rata costs for tools, shall only be recognised and paid for by us after release of the initial sample.
8. Notice of Defects / Warranty
The obligation to inspect the delivered goods with regard to their type, quantity and quality and to give notice of defects shall not commence until we have received the goods with accompanying documents. We can give notice of defect within one month of this point in time. We can still give notice of defects that only become apparent during processing or use of the delivered goods immediately after they come to light. Objecting on the basis of notice of defects not being provided on time is excluded in this respect. Notwithstanding all other rights to which we are legally entitled, we are also entitled at our discretion in the event of a notice of defects
– To return the rejected goods to the supplier at his cost and risk and to demand immediate replacement or rectification of the defect by the supplier or, in urgent cases, to procure replacements ourselves from a third party for the returned goods,
– In urgent cases, to sort the non-defective goods at the supplier’s expense and/or to rectify the notified defect ourselves or have this rectified by a third party,
– To cancel the order in whole or in part, specifically if the supplier does not comply with the request for rectification within a reasonable period of time.
In the case of a replacement delivery or removal of defects, the warranty period for replaced goods or goods made good from previous defects begins afresh. The supplier is liable for all costs resulting from the replacement delivery or removal of defects. The supplier’s warranty extends to parts and materials produced by his sub-contractors. Any changes to the composition, the production process or the goods to be supplied requires our prior written consent. Any delivered goods will not be accepted without this. The first delivery after an approved modification is to be specially marked. The supplier is obliged to manufacture or test the goods to be supplied by him in accordance with the specifications, tests, test equipment and test methods specified and approved by us and to provide test certificates with the goods. The goods will not be released for volume production without these test certificates.
The supplier guarantees that the quality and composition, shape, workmanship, appearance and warranted characteristics of the delivered goods comply with safety and the applicable legal standards and regulations that can reasonably be expected after their presentation and use at the time when the delivered goods are put into circulation. Irrespective of other liability provisions stipulated in these terms and conditions, the supplier shall be obliged to compensate us for any damage that we incur directly or indirectly as a result of a defective delivery and if the supplier is at fault for the damage. If claims are asserted against us by third parties on the basis of strict liability for defects in the delivered goods under domestic or foreign law, the supplier shall be liable to us to the extent that he would also be directly liable. He is also obliged not to hold us in any way responsible and to assume all costs incurred by us to avoid claims (e.g. recall action). The supplier undertakes to take out sufficient liability insurance to satisfy any claims for compensation due to any defects in the goods delivered by him. The supplier must immediately provide proof of insurance cover at our request. However, the supplier shall not be relieved of any further claims for damages not covered by the insurance cover.
Prices may not be subsequently increased without our written consent. If reductions in materials, prices and wages result in more favourable manufacturing costs, the agreed prices shall be reduced for the goods still to be delivered under the order without prompting by us.
11. Patent / legal Protection
The supplier expressly affirms that, to the best of his knowledge and belief, no third-party property rights exist in Switzerland or abroad with respect to the items to be delivered. He accepts liability for all damages that we may incur as a result of infringing these property rights with the delivered items and undertakes to exempt us from any claims by the owner of the property right. This also applies to deliveries by third parties.
Materials provided remain our property. We reserve the right of ownership in that the supplier manufactures the items to be delivered to us on our behalf. We and the supplier agree that we are entitled to ownership of these items irrespective of their production condition. The supplier shall store the material provided by us free of charge. The materials provided and/or the objects manufactured from them must be stored clearly marked as our property, be adequately insured against fire, water, theft and catastrophes at the expense of the supplier, and may only be used as intended.
Drawings, gauges, tools and the like as well as goods manufactured in accordance therewith may not be passed on to third parties without our written consent, nor used by them, for advertising purposes or for the supplier’s own purposes. Provisions must be made to ensure they are not inspected or used without authorisation. Unless otherwise agreed, they must be returned to us in usable condition at the latest with the last balancing delivery. Violations of this provision shall result in full compensation and entitle us to withdraw from the contract in whole or in part without further notification and without compensation. Tools shall become our property upon payment. They shall be carefully stored, maintained and refurbished by the supplier such that they can be used at any time. In the event of manufacturing difficulties on the part of the supplier, we shall be entitled to demand that the moulds and similar items paid for by us in full or in part are handed over free of charge.
14. Offsetting, Transfer
The supplier may not offset any claims that we do not recognise or that have not been legally established by us. Claims may only be transferred with our written consent.
15. Applicable Law
the individual contract, these General Procurement Terms and Conditions (GTC) and the relevant Swiss law.
16. Place of Fulfilment
Place of fulfilment and jurisdiction: purchaser’s domicile.