Terms and Conditions

1. General
The following terms and conditions of sale and delivery apply to all business relations with Swifina AG. Amendments to these terms and conditions shall only be legally valid in writing. The buyer expressly waives the assertion of any deviating terms and conditions of purchase. If additional provisions apply to individual products, these can be seen in separate price lists.

2. Subject matter of the contract
The purchased item is specified in each case in a separately issued verbal or written order.

3. Purchase price
The purchase price for the individual orders is based in each case on the current prices of Swifina AG at the time the purchase item is ordered. The buyer undertakes to find out about the respective current price from Swifina AG at the time of the individual orders. If the buyer fails to do so, they must pay the current price even if they do not know it or have not requested the price list. Unless otherwise agreed in writing, the prices are ex works. They apply to deliveries carriage paid to site or warehouse (valley station), including the usual unloading time. For deliveries with a merchandise value of less than CHF 1,000.–, a surcharge will be charged. This also applies to deliveries to mountain regions with a trailer ban and weight restriction. Any weighing, positioning and connection fees shall be borne by the recipient, as shall waiting times and longer
Unloading time. Surcharges will be billed in accordance with the tariffs of ASTAG, SBB or PTT. The prices stated are always exclusive of VAT. No goods will be taken back.

4. Retention of title
All goods supplied by Swifina AG shall remain the property of Swifina AG until payment has been made in full.

5. Terms of payment

Due date:
As a general rule, our invoices are payable within 30 days of the date of issue without any deduction. This constitutes a fixed payment date pursuant to Art. 102 para. 2 of the Swiss Code of Obligations (OR), which means that upon expiry of the 30-day payment period, the buyer is automatically in default without the need for a reminder.

Discount:
As a rule, cash discounts are not permitted. Unjustified deductions will always be reinvoiced.

Interest on late payment:
If the target is exceeded, the buyer owes Swifina AG default damages in the amount incurred, but at least in the amount of the costs for bank credit at the time of delivery.

6. Delivery dates
The agreed delivery dates shall be met where possible. In the case of direct collections, a prior request must be made by the buyer to Swifina AG. The buyer expressly waives the assertion of any claim arising from late delivery of the purchased item, provided that the delay is attributable to circumstances for which Swifina AG is not at fault. If delivery cannot take place as a result of force majeure (which also includes operational disruptions and shortages of materials), no claim for compensation shall arise for the buyer.

7. Shipping
Delivery and unloading are always at the buyer's risk. In the case of delivery by lorry, access must be possible without difficulty and without additional waiting time. Furthermore, the provisions of the transport industry fiduciary association shall apply.

8. Notices of defect
The buyer must inspect the purchased item immediately upon receipt. Notice of defects must always be made in writing within 8 days of receiving the purchased item. The postmark date shall apply. Any warranty and

9. Product application
Instructions for the application of the products can be found on the packaging, in brochures and in technical manuals. The brochures and technical manuals must be requested from Swifina AG. Any liability for damage arising from failure to follow these instructions is disclaimed. If the instructions on the packaging are not read, or if the brochures and technical manuals are not requested from Swifina AG by the purchaser, any liability shall likewise be excluded.

10. Forfeiture

Any warranty or liability claim arising from this contract shall expire one year after delivery of the goods. Within this period, the action must be brought before the competent court.

11. Place of performance
Place of performance is Stein AG

12. Jurisdiction
Place of jurisdiction is in any event Aarau.
Otherwise, the provisions of the Swiss Code of Obligations (CO) shall apply.

Stein AG, 20.04.2020

Swifina AG