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General Terms of Sale and Delivery


 
1. Conclusion of contract
These Terms of Sale and Delivery shall be binding if declared applicable in the offer or order confirmation. Any conditions stipulated by the customer which are in contradiction to these general terms shall only be valid if expressly accepted by us in writing. The contract shall be deemed to have been entered into upon receipt of our written confirmation stating our acceptance of the order.

2. Prices and terms of payment

Our prices apply to ex-works delivery. Payment 30 days net as of invoice date, unless otherwise agreed on.

3. Delivery times

The delivery time shall start as soon as the contract has been entered into and all technical points have been settled.
The delivery time shall be reasonably extended:
- if the information for performance of the contract required by us is not received in time, or if the customer
  subsequently changes it
- if agreed the terms of payment are not met, letters of credit are opened to late, or the necessary import
  licences are not received by us in time
- if hindrances occur which we cannot prevent despite using the required care, regardless whether they affect
  us or the customer or a third party. Such hindrances include force majeure, late or deficient delivery by sub-
  contractors of raw material, semi-finished or finished products, the need to scrap important work pieces.

4. Delay in delivery

The customer shall be entitled to claim liquidated damages for delayed delivery provided that the delay has been caused by our fault and that the customer has suffered a loss as a result of such delay. If substitute material can be supplied to accommodate the customer, the latter is not entitled to any damages for delay. Damages for delayed delivery shall not exceed 0,5% of the part of supply in delay for every full week’s delay and shall in no case whatsoever exceed 5% of the contract price of the part of the supplies in delay. No damage at all shall be due for the first two weeks of delay. All delay of the suppliers does not entitle the customer to any rights and claims other than those expressly stipulated herein.

5. Packing
Packing (if required) will be charged at cost price.

6. Shipment

Unless free shipment is expressly agreed on, the shipping costs shall be borne by the customer. Shipment is effected at customer’s risk, even if freight-paid delivery is agreed on.

7. Warranty and Disclaimer
We hereby warrant that the delivered products will be free from defects in material and workmanship. In case delivered products are defective, the customer may request for compensation delivery or elimination of defect during the warranty period of twenty-four months, beginning on the date of delivering the products. If a defect is not eliminated or compensated within a reasonable period, the customer may ask for price reduction or annulment of the contract. The warranty expires prematurely, if the customer or a third party undertakes modifications or repairs or if the customer, in case of a defect, does not immediately take all appropriate steps to mitigate the damage and give us the possibility of remedying such defect. Excluded from the warranty and liability is damage caused by improper installation, non-compliance with the fitting guidelines or installation instructions in the general catalogue by the installation personnel of the purchaser or its customers. Likewise excluded from our warranty and liability for defects are all deficiencies, which cannot be proved to have their origin in bad material, faulty design, poor workmanship or resulting from other reasons beyond our control. Not mentioned claims for compensation, for reduction, for termination and for withdrawal of the contract is excluded. We shall not be liable for any direct, indirect, consequential or incidental damages that are not arisen on the product, including damages for loss of business information, loss of profits, production interruption and the like, subject to the compelling product liability law.

8. Reservation of title
Title to the delivered goods shall remain with us until payment in full has been effected. We are entitled, with customer’s participation, to apply for registration of the reservation of the proprietary right.

9. Drawings
Drawings shall remain our property. Reproduction in whole or in part is prohibited. Drawings shall not be made accessible to third parties unless our express consent was previously obtained.

10. Special designs

When executing orders for special designs we reserve the right to deliver up to 10% above or below the ordered quantity.

11. Inspection and taking-over of the goods

The customer shall inspect the supplied goods within 14 days after having received them and shall immediately notify us in writing of any deficiencies. If the customer fails in doing so, the goods shall be deemed to have been taken over.

12. Place of performance and jurisdiction
Place of performance and jurisdiction for both parties shall be CH-5000 Aarau. The present terms shall be governed in all respects by Swiss law.

ROSTA AG


 
 
 
 
 
 
 
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