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AGB

Quotes

All our quotations are subject to change without notice. The individual contract is concluded by Supermatic confirming the order of the customer in writing. Other papers will not be accepted unless mutually agreed in writing.

Delivery quantities

The corresponding details in the Supermatic order confirmation are binding. Production-related quantity deviations from plus/minus 10% are customary in the industry and do not justify any claims on the part of the purchaser.

Prices

The price according to the order confirmation is only valid for this order. Prices may be adjusted for any final orders that have not been taken within one year.
Swiss value added tax (VAT) is not included in the prices.

Retention of title

The goods shall only become the property of the buyer after payment has been made in full.

Deliveries

Delivery is ex works Uster and is at the risk of the recipient. The transport company is liable for damage to the goods and cannot be charged to Supermatic.

Forms

These shall always remain our property. Even if the customer has assumed a share of the tool costs, he cannot demand the surrender of the tools. On the other hand, no such goods may be delivered to third parties without the express consent of the customer. Modifications and repairs of such tools shall be at the expense of the Purchaser. and automatically extend the agreed delivery period. If a total order quantity is not accepted on time, Supermatic has the right to demand additional tooling costs not covered and to freely dispose of the tools. Supermatic shall store and maintain the tools free of charge for three years beyond their use. After expiry of this period Supermatic is released from any further obligation and may freely dispose of the tools.

Complaints

Complaints will only be examined and acknowledged if they are notified in writing and accompanied by a sample no later than 9 days after receipt of the goods. We accept no liability for secret defects. Later complaints cannot be accepted. If the complaint is justified, we may, at our discretion, deliver a faultless replacement within a reasonable period of time or grant an appropriate price reduction. The customer must sufficiently test the products himself for suitability or purpose before putting them into circulation. No guarantee is given for this unless special agreements have been made. ( The compatibility between the product and the packaging must be checked by the filler). Further claims such as e.g. replacement of the contents, compensation for consequential damage, recalls, wages, freight costs etc. are excluded. The manufacturer's liability extends only to the value of the products delivered. The manufacturer is not liable for their suitability in relation to the contents of the packaging.

Property rights

Insofar as items are manufactured according to drawings, models or samples of the client, the client shall guarantee that no industrial property rights of third parties are infringed thereby. He shall assume all damages that could arise from such infringements.
If goods are manufactured according to our suggestions, these remain our intellectual property and may not be made accessible to third parties or industrial property rights registered by the customer without our written consent.

Withdrawal from the contract

We reserve the right to withdraw from the contract in the event that, as a result of extraordinary circumstances / conditions such as, for example, as a result of war involvement or governmental coercive measures of any kind abroad or at home (import/export bans or restrictions, customs increases, currency changes, increases in material prices or wages, etc.), it becomes more difficult for us to deliver the goods. ) is made more difficult to an extent which exceeds the fluctuations in the economy which are also normal in normal circumstances. In the event of such a withdrawal, the buyer shall not be entitled to compensation. Instead of withdrawing from the contract, we may, in particular in the event of an increase in raw material prices and wages as well as the use of substitute materials, make a corresponding increase in the agreed sales prices.

Place of performance and jurisdiction

The place of performance and jurisdiction for both parties is Uster ZH. All disputes between the contracting parties shall be governed exclusively by Swiss law, to the exclusion of international conventions. However, we are also entitled to bring the matter before the courts at the buyer's place of business.

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