Pour l'achat de produit Tecnopinz
1. Général terms, Validity Areas
All offers, deliveries and other services provided by Tecnopinz SA (TP SA) are subject to the sales and delivery conditions as outlined below. If there is no written agreement between the parties (supplier and buyer) the conditions set forth here will be applied to all pur- chase orders. Any change of these conditions is subject to acceptance through a written agreement between the parties (supplier and buyer).
2. Customer Information Obligation
The customer is set to inform TP SA before the conclusion of the contract if the product: Is provided for a use other than its standard application and/or is applied in unusual conditions which can create security and safety risks for people and environment and/or is used for machining of unusual materials.
3. Ending and content of the contract
The validity of the offers released by TP SA is 30 days, if not differently specified in the official offer document. The object of the contract will be defined through the product description given in the official offer and order confirmation. The validity of supplementary agreements, oral statements from employees or agents acting for TP SA, as well as edits of existing orders (including edits on the delivery of products) are subject to prior written confirmation by the manufacturer.
4. Prices and Payments
Without specific provisions the prices are considered as “Ex Works” (EXW), Mezzovico (CH) -without packaging and duties unpaid”. Payments must be made in the currency indicated in the offer and related order confirmation, without any deduction from the invoice’s total amount and have to be settled to the bank account indicated on the invoice. Regardless of the type of payment it will be considered settled when the full invoice amount is irrevocably credited to the bank account indicated on the invoice. All costs resulting from the chosen payment system are entirely under the buyer’s responsibility. In case of delays or missing payment by the purchaser within the agreed timetable, TP SA reserves the right to claim a default interest of 6% above the interest rate of refinancing of the European Central Bank, independent of other legal remedies. TP SA may at any time provide evidence of any further damage occurring.
5. Delivery Time, Reception of the Goods
The delivery time has no value commitment and doesn’t give any right to require a payment of a penalty. The delivery time can exceed the previously confirmed delivery term if TP SA is unable to fulfil it due to reasons not related to their field of influence, or for reasons of which TP SA was not aware at the conclusion of the purchase contract. In particular, events such as late or incorrect deliveries from subcontractors are considered outside the field of TP SA’s influence. The beginning and the end of the unlikely event will be always communicated as soon as possible. If the delivery delay exceeds three months there is the possibility, either by the buyer or by TP SA, to cancel the purchase contract. If TP SA becomes aware, after the conclusion of the contract, of events and information that put into serious doubt the buyer’s payment ability and moreover TP SA could be endangered as result of these information, TP SA may refuse to execute the contract until payment is received, or until receipt of strong guarantees from the buyer and/or receipt of any other payments that has a commercial relation, on TP SA its point of view, with the contested purchase contract. In the absence of any other agreement the buyer agrees to collect the ordered product within ten days (10) from the receipt of a “ready for shipment notice” by TP SA. If this period is exceeded by more than three days (3), regardless of any other legal measures, TP SA will be allowed to deliver and therefore conclude its sales activity. The non-acceptance of the delivered goods has no effect on the duty of the buyer to pay the purchase price of the mentioned delivered goods and related invoice.
6. Deliveries, Shipping, Transfer of Risks
The place of delivery is determined by agreement between the buyer and TP SA, together with the conditions of the transaction, which must be presented in accordance with Incoterms 2000. If there are no specific terms of delivery it is performed as ex works (EXW). In the absence of any other agreement, the risk taking of the goods is transferred to the buyer when the goods are made available by the manufacturer. If the goods are shipped to the buyer, the risk of goods passes to the buyer, at the latest when the first carrier receives the goods. If the shipment of the goods is delayed by circumstances, which TP SA is not responsible for, the risk passes to the buyer by the time the availability of goods is notified. All deliveries will be at the expense of the buyer himself.
7. Responsibility, Damage Compensation
TP SA is not liable for damages, particularly when pecuniary damages occur as a result of one or more late deliveries, or in case of non-conformity of delivered goods or documents related to the purchase contract.
All the delivered goods, regardless of the shipment destination and procedure, remain property of TP SA until full payment of the confirmed and accepted purchase price by the buyer.
9. Jurisdiction, Applicable Law
For all disputes arising from the contract, the legal court reference is CH-6900 Lugano. Tecnopinz SA reserves the right to pursue legal actions against the purchaser with legal jurisdiction in its location. These sales and delivery conditions, as well all relations with the legal contractor, are governed by the Swiss Law.