General Terms and Conditions
All deliveries made by Oscar Fäh AG are made exclusively on the basis of these General Terms and Conditions of Sale and Delivery, the content of which is deemed to have been accepted on the issue of the order, in particular with regard to the acceptance of quotes, order confirmations and invoices from Oscar Fäh AG. Any subsidiary agreements must be made in writing. Any deviating, contradictory or supplementary General Terms and Conditions or other agreements on the part of the customer can only be made contractually binding if their validity has been explicitly accepted by Oscar Fäh AG.
The prices quoted will only become binding once the qualities and quantities quoted have also been accepted. Prices are calculated on the basis of the actual costs involved as per the date of quotation. Oscar Fäh AG reserves the right to adjust its prices in line with new circumstances in the event of a significant change in cost factors for deliveries not yet carried out. All quotes are provided without obligation, and only become binding on the part of Oscar Fäh AG once confirmed. Prices are quoted exclusive of VAT.
Transport, postage, packaging and small quantity surcharges
Deliveries are generally made from the Oscar Fäh AG headquarters, with freight costs being charged openly to customers as part of the billing process. Transport is carried out in accordance with the customer’s instructions, or alternatively via the fastest and most cost-effective route for the customer. A small quantity surcharge is applied to orders below CHF 80 (excluding VAT and shipping costs). The small quantity surcharge is CHF 80 minus the value of the order (excluding VAT and shipping costs).
The following conditions apply in the case of framework agreements:
- Duration: 12 months following the initial delivery, no longer than 14 following the order.
- If the duration is exceeded, a price surcharge of 12% is added to the invoice amount for storage and logistics costs.
- The storage of the goods must not last more than six months longer than the agreed duration.
- The goods will then be delivered to the customer’s delivery address at an adjusted cost.
Use and risk
The use and risk of the goods pass to the customer on departure of the delivery from the Oscar Fäh AG headquarters. Shipments subject to transport damage must be accepted under reserve, and reported to the relevant transport company within the statutory deadline for the purpose of ascertainment of facts.
Return of goods
Ordered and correctly delivered goods are can only be returned following prior arrangement by telephone and within 10 days of the delivery date. The goods must be in original condition, and must be returned in their original packaging together with the delivery documents, and delivered free to Oscar Fäh AG. Oscar Fäh AG reserves the right to deduct up to 30% of the value of the goods when crediting the payment amount to cover the cost of returning the goods to storage. Returns of goods manufactured and/or ordered especially for the customer will not be accepted.
In the case of orders not based on listed or quoted prices, the customer will acknowledge the price only once the result is complete. Moulds and tools that have been manufactured will remain the property of Oscar Fäh AG. In the case of custom-designed products (series production), Oscar Fäh AG is entitled to carry out production-related under/over-deliveries of up to 10%.
Scope of delivery obligation
While the scheduled delivery date is non-binding, Oscar Fäh AG will do its utmost to comply. In the event of force majeure or other circumstances not caused by Oscar Fäh AG, the latter does not accept any responsibility for non-delivery or late deliveries. Force majeure is considered above all to be the complete or partial shutdown of suppliers’ plants, mobilisation, war, strike, fire, enforcement of import bans and quotas or a significant increase in import duties.
Unless otherwise agreed, invoices are to be paid strictly net within 30 days of the date of issue. On conclusion of this 30-day period, Oscar Fäh AG will be entitled to charge the customer default interest, expenses and collection costs, in addition to internal costs at CHF 150/hour.
Reservation of ownership
The material delivered by Oscar Fäh AG will remain in its ownership until the full payment of the agreed purchase price has been made. By signing the purchase agreement, the customer authorises Oscar Fäh AG to take all measures necessary to establish its reservation of ownership, in particular to enter this reservation in the corresponding register without the customer’s involvement.
Warranty and quality assessment
Oscar Fäh AG only accepts liability for the quality of its goods insofar as it is able to respond to manufacturing or material errors within its statutory guarantee obligations based on its own free choice by means of repair work or a substitute delivery. Any entitlement to damages, cancellation of the purchase or a reduction in the purchase price is excluded. Any complaints of defects must be submitted in writing without delay on receipt of the goods, but no later than eight days following the delivery of the goods. In the event of hidden defects, the complaint must be submitted without delay following discovery.
In view of the wide range of possible applications that are not within the control of Oscar Fäh AG, the company cannot provide a guarantee for the lifespan of its products. The guarantee provided by the manufacturer also applies to parts sold by Oscar Fäh AG.
Copyright, patent and trademark protection
All patent, trademark and other protection rights, as well as the expertise and practical know-how demonstrated in drawings and descriptions will remain the property of Oscar Fäh AG. Such material must not be reproduced, used or passed on to third parties without explicit permission.
Place of jurisdiction
The courts located at the headquarters of Oscar Fäh AG are exclusively responsible for any disputes arising from contractual relationships between Oscar Fäh AG and its customers. Swiss law will apply exclusively, with the exception of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980).
Oberbüren, 13 March 2017/GL