GENERAL SALES AND DELIVERY CONDITIONS
Baertschi Agrartecnic AG, Bruggmatte 11, CH-6262 Langnau b. Reiden, here after referred to as the seller.
1. The offer
Offers that do not include an acceptance period are non-binding. For all offers, however, prior sale is reserved.
2. Conclusion of contract
The delivery contract shall be deemed concluded when the seller confirms acceptance in writing after receipt of an order or does not expressly reject the acceptance of the order within 10 days. The signed offer or written order by fax, mail or post. It is enough to send it as a binding, non-revocable order. To conclude and confirm the order, the seller can demand a written order confirmation from the buyer, which must be checked and signed by the buyer immediately upon receipt and returned to the seller (mail / fax / post). The delivery date is only calculated from the time the order confirmation was received back from the buyer. By not signing or rejecting the order confirmation, the order cannot be recalled if the order confirmation corresponds to the offer. The seller reserves the right to deliver in written orders without prior order confirmation. In the payment transactions, if the deposit is missing, the seller is entitled to add minimum 1% of the selling price per month, as well as all the additional expenses. A non-existent deposit is not considered a cancellation of the order.
The expressed prices of the seller cover the deliveries from the factory and are applied in Switzerland and abroad as sales prices. Deliveries in CHF. 100.- will be charged net. The seller expressly reserves price adjustments during the year. The published prices and those on internet platforms as well as on the homepage of the seller and third-party providers are considered as a non-binding offer and have no legal validity, until the buyer receives the offer in writing.
5. Delay of the buyer
If the buyer delays on payment of the purchase price, the seller is entitled to withdraw from the contract and to reclaim the object of purchase in accordance with Art. 214 paragraph 3 OR. If the buyer delays in accepting the object of purchase and the seller subsequently withdraws from the contract, a contractual penalty of 25% of the purchase price is due.
6. Shipping / Packing
The costs of shipping, unless expressly agreed to Franko delivery, shall be covered by the buyer. A possible packaging calculates the seller at cost price. The seller delivers exclusively in accordance with the Incoterms 2010®. Unless otherwise agreed, delivery and collection dates always apply to FCA (Free Carrier) ExWerk Hüswil, Incoterms 2010®. Meaning FCA (Free Carrier): The buyer may have the goods picked up on his own or by his carrier on the agreed date at the Hüswil plant (unless otherwise agreed). The necessary customs papers are created by the seller. The customs clearance has to take place by the buyer or his carrier. The goods travel in any case at the risk of the customer, even if Franko delivery (free house) and / or DAP according to Incoterms 2010® is agreed.
7. Delivery times
The confirmed delivery times are to be respected by the seller as much as possible, but the seller must reject any compensation for damages if the delivery dates are exceeded. The damages caused by crop failure, costs resulting from the leasing of replacement machines or work carried out by contractors, which could become necessary due to a possible delay in delivery, as well as any claims of transport companies, are also excluded. The seller hereby rejects any form of liability for a late delivery.
8. Acceptance / Complaints
If the purchaser fails to notify the seller in writing within 10 days of receiving the goods (upon receipt), the delivered goods shall be deemed accepted and approved. Any complaints on the part of the buyer under no circumstances entitle to withholding the payment, and such a reserve would be considered as late payments.
9. Retention of title
The delivered goods remain the property of the seller until the full payment. In the case of buyer’s insolvency, the seller is authorized to take the goods back and can charge the usual rental price as well as compensation due to wear and tear and transport the costs.
The following guarantee conditions apply to seller’s products: The warranty period is 1 year from the date of delivery. During this period, the seller will take over the free replacement or free repair of defective product parts. The defects must be justified by the buyer and the seller has to recognize them. Expenses for disassembly and assembly as well as transport costs of machine parts are borne by the buyer. Wear parts and normal wear and tear are excluded from this warranty.
The following rules apply to intermediate sellers (vendors recognized by the vendor, not private individuals): The one-year warranty from the date of delivery can be extended at the request of the purchaser, valid one year after the delivery to his customer, if in the claim to the vendor the end customer calls and can provide appropriate delivery documents with delivery date and signature of the end customer.
Conditions for the guarantee obligation:
a) the buyer must notify the seller of the specific defect immediately after the discovery. The seller accepts no damage caused by non-disclosure of any existing defect. The seller accepts no liability for failures of the delivered goods, here the provisions apply as in point 7. Delivery times / delivery delay.
b) the buyer is obliged to operate and maintain the purchased products in accordance with the operating instructions of the manufacturer. The seller assumes no liability for damages caused by improper handling of the machines, changes or non-use of original spare parts and prescribed oils. The seller reserves the right to submit samples of oil for warranty claims. The seller has the right to claim the defective machine parts from the buyer. It is expressly stated that any warranty claim of the purchaser does not entitle the purchaser to withhold any payments due or to offset the claim against the purchase
11. Special regulation
Special written agreements between the seller and the buyer remain reserved. The above terms and conditions of sale and delivery are in no way cancelled by contrary conditions of purchase of the buyer, unless deviations have been agreed in advance in writing.
12. Place of performance and jurisdiction
For both parties, the place of performance and jurisdiction of the seller. Only Swiss law is applicable.
13. Severability clause:
Should one provision of this contract be ineffective, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with an effective provision as closely as possible to this provision.