1. Conclusion of contract
The contract for delivery is deemed to be concluded when Senstech AG effects delivery or declares acceptance by dispatch of the order confirmation. Effecting delivery by Senstech AG does not represent acceptance of any differing conditions of the customer.
Quotations given by Senstech AG are binding for thirty days from the date of issue, unless another period shall have been expressly stated in the quotation.
Prices are net ex works if not otherwise noted (EXW according to Incoterms ® 2010), without packaging and value added tax. Any customs duties, taxes, levies of any kind which are charged in connection with the delivery transaction outside the country of the seller shall be borne by the customer or be reimbursed to Senstech AG against production of appropriate evidence, if it shall have been made liable to pay for this. The customer shall accept all bank charges which arise in connection with letters of credit, bank guarantees, collections, redemption of documents, any stamp duties on bills of exchange etc. unless otherwise agreed and correspondingly specified in the order confirmation, Senstech AG reserves the right to charge a processing fee for invoice values below CHF 300.00.
4. Delivery period
The period for delivery starts on dispatch of the written confirmation of the seller in accordance with section 1, but not before clarification of all technical details. A delivery period or a delivery date is only binding when the customer fulfils his duties in good time, such as, for example, payment of a deposit, opening of letters of credit necessary and evidence of availability of all official permits. Senstech AG shall be granted an extension of the delivery period reasonable for the circumstances, if the consignment is delayed by circumstances beyond the control of Senstech AG. The customer shall have no automatic right of cancellation in this event. Senstech AG may suspend its duties until receipt of an outstanding payment and demand return of parts already delivered if the customer shall be in arrears with his payments.
5. Passing of risk, transport, packaging, insurance
Use of and risk in the products pass to the customer on their being made available for dispatch. Senstech AG shall choose the method of transport which ensures observance of the delivery periods and proper transportation of the goods, in as far as the customer does not specify any method of transport in his order. Insurance during carriage is the concern of the customer. The customer shall pay the costs thereby associated irrespective of whether Senstech AG shall attend to transport and insurance.
Payment is due on the goods being made available for dispatch unless there is agreement to the contrary. Payments in advance made by the customer will be set against the contract price. They are not a forfeit, the quotation of which entitles the customer to cancellation of contract. The customer shall nevertheless make the payments dependent upon the time of delivery, if he shall not accept the delivery at the time contractually agreed. Usual default interest shall be charged for outstanding payments. The customer may neither make retention nor a set-off for outstanding accounts of Senstech AG, with regard to any counter-claims.
Senstech AG gives a warranty to the customer for quality and suitability of its products within the scope of its technical specifications. A warranty is only given according to prior agreement for parts to be used as safety parts within the meaning of the EU Machinery Directive. The warranty of Senstech AG is limited to replacement or repair of defective parts and causes which occurred before the passing of risk. Liability for further direct and indirect losses are excluded to the extent permissible at law, more particularly, no compensation shall be owed for any incidental loss, loss of production etc.
The customer is under a duty to examine the consignment for completeness and transport damage immediately on receipt. Any complaints in connection with the product shall be made in writing without delay, and evidence of such incidence must be produced. Complaints may be made about product defects during the complete warranty period at any time before and/or after processing and/or re-sale, but they are to be notified in writing enclosing the defective part without delay after emergence. The customer may only invoke these warranty conditions if he proves that the defects emerged despite proper assembly and use. The warranty is not valid in any instance where the goods have been tampered with.
The warranty period is 24 months from dispatch from Senstech AG. The warranty period for replacement parts or repairs delivered under warranty ends with the period for the products originally supplied. Senstech AG reserves the right to charge processing costs for sales returns without a valid claim to warranty.
8. Restriction on application and re-sale
The customer undertakes not to use the products purchased for the manufacture or use of nuclear, biological or chemical weapons or carrier systems and not to transfer them to countries, companies and persons on embargo and boycott lists
9. Infringement of intellectual property rights
In as far as claims are made arising from industrial property rights or copyright in products used according to contract and supplied by Senstech AG, Senstech AG shall examine such claims and where appropriate at its own discretion and at its expense, either secure a licence for the product, modify the product so that the protective right or copyright is not infringed, or replace the product. Senstech AG shall take the product back and refund the purchase price if replacement is not possible on reasonable conditions. All further claims against Senstech AG are excluded. Section 10 (Other liability) remains however equally unaffected as the right of the customer to cancel the contract.
10. Other liability
Claims for damages by the customer on whatever legal grounds, more particularly for actual breach of contract, for breach of duties during contract negotiations and tort, are excluded. All cases of breach of contract and their legal consequences, as well as all claims by the customer on whatever legal grounds they may be made, are conclusively provided for in these conditions. More particularly, all claims not expressly specified are excluded from compensation, price abatement, annulment of contract or cancellation of contract. Liability for consequential damage is excluded to the extent that this is not precluded by overriding statutory product liability provisions.
11. Place of jurisdiction and applicable law
The law of Switzerland shall apply and the place of jurisdiction is Pfäffikon ZH.
These GTC are available in German and English. The German version applies in the event of any doubt.