Halter Bonbons AG
General terms and conditions of business
§ 1 Scope of application
The general terms and conditions of business (hereinafter “GTCB”) are an integral part of the contract between Halter Bonbons AG (hereinafter “Halter”) and the client. The GTCB are applicable without reservation and take precedence over any other terms and conditions of business. Agreements which amend or supplement the following provisions are valid only with the written agreement of Halter. Once the GTCB have been agreed, they likewise apply to all future contractual relationships between Halter and the client. The edition of the GTCB in force at the time when the contract is concluded shall apply in every case.
§ 2 Offers and orders
Prices are quoted net ex-works excluding value added tax. Recommendations for end customer prices (print, Internet etc.) published by Halter are provided for information only and are not binding. The contract between Halter and the client is concluded as soon as Halter has given written confirmation of the client’s verbal or written order. The content of the order confirmation determines the scope of deliveries and services provided by Halter. This confirmation is deemed to have been acknowledged by the client unless he objects in writing to its content within three working days of receipt thereof.
§ 3 Delivery, transfer of benefit and risk
Delivery is effected ex-works Beinwil am See. Delivery costs are billed separately. Benefit and risk are transferred from Halter to the client as soon as the consignments leave the works. Indications of delivery lead-times are not binding unless a specific assurance of a binding delivery date has been given in writing. Late deliveries caused by force majeure, interruptions of business operations, delayed delivery by a previous supplier or other unforeseen circumstances do not constitute grounds for complaint even when binding delivery dates have been agreed. If such circumstances render a delivery impossible, Halter Bonbons may withdraw either in whole or in part from the contract. Failure to comply with the delivery date gives no entitlement to compensation. Agreements which differ from these conditions are valid only with the written consent of Halter.
§ 4 Production tolerances
Variations of up to +/- 7% of the print production, colour hues and cut accuracy do not constitute a material defect. Register differences of up to 1 mm are due to technical causes and may therefore occur. Where subjects cover the whole surface, a transition between print blocks may be visible. Complaints in respect of delivery shortfalls or excess quantities of up to 10% of the ordered quantity cannot be accepted, save where otherwise agreed. Up to 4% empty packages do not constitute a material defect as the packaging units are filled by weight. The goods effectively delivered are invoiced.
§ 5 Right of return
The return of articles produced to an individual order is not permitted as these articles cannot be re-used. The return of unprinted articles requires our agreement.
§ 6 Reservation of ownership
The delivered goods remain our property until definitive payment has been made. Pledging or transfer of ownership of the goods by way of surety is not permitted for the duration of the reservation of ownership.
§ 7 Guarantee & warranty in respect of defects
For a period of twelve months from the date of delivery, Halter provides a guarantee to the exclusion of all further warranties that faults in the goods which have demonstrably occurred during this period as a result of defective manufacture of the goods or defective materials will be remedied under guarantee. Recognisable defects must be reported to us in writing without delay and no later than within one week. Subsequent complaints will not be acknowledged unless they relate to concealed defects. If the goods are defective, Halter is entitled at its own discretion either to remedy the defect or to make a replacement delivery. If repair of the defect or the replacement delivery proves impossible within a reasonable period, the client is entitled at his own discretion either to withdraw from the contract or to require a corresponding reduction of the purchase price. If only parts of a consignment are defective, the possible right of withdrawal is confined to such defective parts. Further claims of the client are ruled out.
§ 8 Liability & exclusion of liability
Any warranty given by Halter expires if the client or a third party interferes with the goods or has treated or stored the goods in an unprofessional manner. Halter accepts no liability for indirect damage or consequential damage suffered by the client. The client is responsible for the accuracy and quality of the delivered data. By placing the order, the client releases Halter from all claims which may be made against Halter on the basis of potential breaches of the law.
§ 11 Terms of payment
Save where otherwise agreed, the amount invoiced must be settled within 30 days of the date of the invoice in CHF. Deduction of a discount together with any other reductions not stated on the invoice are not permitted. In the case of part-deliveries, the printed packaging material is billed when the first delivery is made.
§ 12 Applicable law & place of jurisdiction
The contractual relationships between Halter and the client are specifically governed by Swiss law. The sole place of jurisdiction for potential disputes is the place where Halter has its registered office.
Halter Bonbons AG Beinwil am See, July 2014