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The contract is considered as having been concluded upon receipt of our written confirmation of order. These conditions of sale and -supply are binding, if they are declared as applicable in the offer or in the confirmation of order. Contrary conditions of the party ordering (the customer) are only valid to the extent that they have been accepted by us expressly and in writing.
Unless otherwise agreed, our prices are understood to be ex works, net, without packaging, in Swiss Francs (CHF), without any deductions to be made. We reserve the right to adapt the price, if between the time of the offer and of the contractual fulfilment the wage rates or the prices of materials or utilities change.
Terms of Payment
Unless otherwise agreed in writing, the payments are due within thirty days after the date of the invoice, without any deductions. If the payment deadline is not met, we reserve the right to demand interest for late payment. The right to compensation for other damages is reserved.
Our indicated delivery times are understood to be for readiness for shipment ex works. Any penalties for late delivery or claims for compensation because of late delivery are excluded, unless they have been agreed in writing beforehand.
In the case of batch sizes of more than one hundred pieces, we reserve the right to supply a quantity of a maximum of five percent (%) above or below the agreed quantities.
Forging dies, tools and special jigs always remain our property, even if they have been proportionally debited to the customer. We do, however, commit ourselves not to use them for third party orders without a special agreement from the side of the customer and to store and maintain the forging dies in a usable condition for 5 years after the last supply of goods. The costs for the replacement of forging dies, which have become unusable, will be borne by us during this time period. If forging dies remain unused for 5 years, than Imbach by mutual agreement with the customer is prepared to continue to store them against payment of a rea sonable storage fee until revocation by the customer. If this is not the case, then the tools may be scrapped. If for reasons, which are not due to us, no orders are placed or else only orders in such a low volume, that an amortization of the proportion of the cost of tools taken over by us is not possible, then we have the right to invoice the complete costs of the tools.
Indication of Dimensions
In the case of a supply of raw forged parts, we require the indication of the fini - shed part-, resp. drawing dimensions by the customer. If these for whatever reason are not provided, then the customer assumes the responsibility for the correct machining allowances.
Transfer of Benefit and Risk
Benefit and risk of the goods supplied are transferred to the customer latest at the time the goods leave the manufacturer’s works.
Guarantee/Warranty (US)/Liability for Defects
Goods supplied by us have to be checked immediately after receipt and any defects found have to be notified in writing without any delay. If this is omitted, then the goods- and services supplied are considered as accepted. If goods supplied should prove to be unusable because of material defects or any other defect, then we will either remedy the defect or replace such parts free of charge. Parts, which have been replaced, become our property. Any further claims, unless expressly applicable laws are in conflict with this, are specifically and expressly excluded. The guarantee/warranty period amounts to one year and it commences with the departure of the goods supplied from the manufacturer’s works.
Property- and Protections Rights
Technical documentation, know-how and information provided by Imbach to the customer within the framework of offers made, consulting services and/or the processing of contracts, such as, e.g., drawings of (moulded) blanks, instructions, plans, calculations and sketches, represent protected property of the Imbach company and must neither be copied nor passed on to third parties without the written agreement of Imbach.
The place of jurisdiction for the customer and for the supplier is Nebikon, Switzer land. The supply contract is governed by the Laws of Switzerland.