GENERAL TERMS AND CONDITIONS

1. general
The following terms and conditions of sale and delivery apply to all business relations with Swifina AG. Changes to these conditions are only legally valid in written form. The purchaser expressly waives the right to assert any deviating terms and conditions of purchase. If additional conditions apply to individual products, these can be found in separate price lists.

2. object of purchase
The object of purchase shall be specified in each case in a separate verbal or written order.

3. purchase price
The purchase price for the individual orders is based on the current prices of Swifina Ltd. at the time of ordering the object of purchase. The Purchaser undertakes to inquire with Swifina Ltd. about the current price at the time of the individual orders. If the Purchaser fails to do so, he shall pay the current price even if he does not know it or has not requested the price list. Unless otherwise agreed in writing, the prices are ex works. They apply to deliveries carriage paid to the construction site or warehouse (valley station), including the usual unloading time. For deliveries below a value of Fr. 1,000, a surcharge will be applied. This also applies to deliveries in mountainous areas where trailers are prohibited and weight restrictions apply. Any weighing, placement and connection charges shall be borne by the consignee, as shall waiting and longer unloading times.
unloading time. Surcharges will be charged according to the tariffs of ASTAG, SBB or PTT. The prices indicated are always exclusive of value added tax. No goods will be taken back.

4. retention of title
All delivered goods of Swifina Ltd. remain the property of Swifina Ltd. until full payment has been received.

5. terms of payment

Due date:
In principle, our invoices are due for payment 30 days after issue without any deduction. This is a due date in the sense of Art. 102 para. 2 CO, which means that the buyer is automatically in default without reminder upon expiry of the 30-day payment period.

Cash discount:
As a general rule, no cash discounts will be granted. Unjustified deductions will be charged subsequently in any case.

Default interest:
In case of overdue delivery, the Purchaser shall owe Swifina Ltd. damages for delay in the amount incurred, but at least in the amount of the cost of bank credit at the time of delivery.

6. delivery dates
The agreed delivery dates will be adhered to as far as possible. In the case of direct collection, the purchaser must make a prior request to Swifina AG. The Purchaser expressly waives the right to assert claims arising from delayed delivery of the object of purchase, provided that the delay is due to circumstances not culpably caused by Swifina Ltd. If the delivery cannot be made due to force majeure (including operational disruptions and material shortages), this shall not give rise to any claim for compensation on the part of the Purchaser.

7. shipment
Delivery and unloading are always at the risk of the buyer. In the case of delivery by truck, access must be possible without difficulty and without additional waiting time. Furthermore, the provisions of the Trust Association of the transport industry apply.

8. notice of defects
The buyer has to check the object of purchase immediately after receipt. Notification of defects must always be made in writing, within 8 days after receipt of the purchased item. The date of the postmark is valid. Any warranty and

9. product application
Instructions for the use of the products can be found in the packaging, brochures and technical instructions. The brochures and technical instructions can be requested from Swifina Ltd. Any liability for damages resulting from non-compliance with these instructions is rejected. If the instructions of the packaging are not read or the brochures and technical instructions are not requested from Swifina Ltd. by the purchaser, any liability is also excluded.

10. forfeiture

Any warranty or liability claim arising from this contract expires one year after delivery of the goods. Within this period the claim must be made legally binding at the competent court.

11 Place of performance
Place of performance is Stein AG

12. place of jurisdiction
The place of jurisdiction is in any case Aarau.
Otherwise, the provisions of the Swiss Code of Obligations (OR) shall apply.

Stein AG, 20.04.2020

Swifina Ltd.