Terms and Conditions of Sale and Supply
The following conditions serve to govern the reciprocal relationships between the Customer and Büchi AG in a clear and comprehensible manner. Any additional agreements must be made in writing in order to be valid.
Our official price lists are non-binding. All prices are subject to change. The prices that are valid on the day of delivery will be charged. Prices are quoted in Swiss francs, strictly net, and ex works. All additional costs (e.g. for freight, insurance, import/export permits, transit licences and other permits) shall be borne by the Customer. The Customer is also liable for all types of taxes, duties, fees, customs and suchlike which are levied in connection with the contract.
3. Price basis
Quoted prices are for unpackaged goods, ex works and excluding VAT. Büchi AG reserves the right to make price changes as well as the right to make changes in the sense of technical improvement.
Packaging is charged at original cost. Export deliveries are made in special break-proof packaging at the Customer's expense.
5. Shipping, transfer of title and risk
We deliver ex works (FCA, Incoterms). Title and risk will transfer to the Customer upon the goods being dispatched ex works. Without exception, goods will be dispatched by our freight forwarder at the Customer's risk and expense. Upon request, a transport insurance policy will be taken out at the Customer's expense. For carriage-paid breakage-free deliveries by truck to the recipient's address, we will charge a share of the freight cost.
6. Customised products
In the case of orders for customised products, we reserve the right to deliver the goods in the actual quantity produced.
7. Delivery date
In the absence of a separate written agreement, the delivery dates specified by Büchi AG serve merely as estimates. Non-adherence to these dates shall not entitle the Customer to withdraw from the contract nor to claim compensation.
Assembly at the point of delivery is performed on a time and expense basis in accordance with our assembly conditions and at the Customer's expense. The Customer shall provide the following at its own expense: lighting, compressed air (if required), water, electricity; the energy required to connect the supplied equipment, as well as hoisting gear and means of transportation.
Büchi AG warrants that the goods will be free of defects, i.e. with flawless fusion zones including tension-free cooling as well as damage-free glass surfaces. Flat surfaces and sockets will be precision-ground. Glass breakage, especially if due to surfaces that are damaged between the time of delivery or assembly and commissioning, are excluded from the warranty. Büchi AG is obliged to repair or replace all parts that become damaged or unusable as a result of poor materials, incorrect design or defective workmanship. Damage for which Büchi AG is not responsible (e.g. normal wear and tear, inadequate maintenance, disassembly errors, etc.) are excluded from the warranty. The warranty will expire prematurely if the Customer or third parties perform improper modifications or repairs, or, in the case of a defect, the Customer fails to take appropriate measures to minimise the damage and give Büchi AG the opportunity (in writing) to remedy the defect. The warranty period is 12 months and will commence upon dispatch of the goods ex works, or upon completion of assembly if this is performed by Büchi AG. If the assembly is delayed for reasons not attributable to Büchi AG, the warranty period will end 18 months after delivery to the Customer, at the latest. From the seventh month after commencement of the warranty period, the burden of proof shall lie with the Customer. The Customer is obliged to inspect the goods thoroughly within 30 days of receipt and to document and report in writing any hidden defects immediately upon discovery. The Customer must report any transit damage to the forwarder without delay. All claims for defects will be void if the inspection and reporting obligation is not fulfilled.
Büchi AG is liable for the proper fulfilment of the contract. Any further liability towards the Customer for any damage whatsoever is excluded.
All invoices must be paid as follows by the Customer, without any deductions such as discounts, etc.: From a delivery value up to CHF 30,000, strictly net within 30 days of the invoice date; between CHF 30,000 and CHF 150,000, one third upon placing the order, two thirds strictly net within 30 days of the invoice date; above CHF 150,000, payment terms must be agreed upon separately. The minimum invoice value is CHF 50 net. The materials delivered by us shall remain our property until payment has been received in full. The Customer is obliged to take measures that are necessary to protect our property. The Customer has no right to offset claims against Büchi AG.
The contractual parties shall treat as confidential all information that is neither publicly known nor generally available. In case of doubt, information must be treated as confidential and there is a duty to consult. The confidentiality obligation also exists before conclusion of the contract as well as after termination of the contractual relationship. Should one of the parties be in breach of this confidentiality obligation, it shall pay the other party a contractual penalty if it is unable to prove that it was not at fault. The contractual penalty shall amount to a maximum of CHF 50,000 per incident. Payment of the contractual penalty shall not release the party in question from its confidentiality obligation.
13. Applicable law, place of jurisdiction
All legal relationships established on the basis of this contract are subject to Swiss law exclusively. The place of fulfilment and place of jurisdiction for both parties is Uster.