ABG
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 contain an acceptance period are non-binding. However, all offers are subject to prior sale.
2. Conclusion of contract
The delivery contract is considered concluded if the seller confirms its acceptance in writing after receipt of an order or does not expressly reject acceptance of the order within 10 days. The signed offer or written order by fax, email or post. Suffices as a binding, irrevocable order. In order to complete and confirm the order, the seller can request a written order confirmation from the buyer. This must be checked and signed by the buyer immediately upon receipt and sent back to the seller (email/fax/post). The delivery date is only calculated from the point at which the order confirmation mentioned has been received back from the buyer and any payments made by the buyer have been received by the seller in full. The order cannot be canceled by not signing or rejecting the order confirmation, provided the order confirmation corresponds to the offer. The seller reserves the right to deliver written orders without prior order confirmation. In the case of down payment transactions, if the down payment is not made, the seller can invoice at least 1% of the sales price per month as compensation as well as all additional expenses incurred. Failure to pay a deposit does not constitute a cancellation of the order.
It is not allowed to cancel the order after the order has been confirmed and the execution of the order has begun. According to the agreement of the parties, only replacement with other devices, by replacing devices, spare parts or stock machines is possible. In this case, 50% of a new order/order can be credited towards the canceled order up to a maximum of 100%. New machines can also be used upon request, in which case 35% can be credited.
Compensation for damages or a replacement machine is stipulated or possible with a machine from the warehouse.
3. Prices
The seller’s prices are for deliveries ex works and are considered sales prices in Switzerland and abroad. Deliveries under CHF. 100.- will be charged net. The seller expressly reserves the right to make price adjustments during the year. Prices that are published on internet platforms, on the seller’s homepage and by third-party providers are considered non-binding offers and have no legal validity unless a written offer addressed directly to the buyer is available.
4. Payments
The buyer undertakes to make all payments directly to the seller based in Reiden or to the address listed in the order confirmation. Unless otherwise agreed, advance payment applies for export. An outstanding payment (even if partial payments have been made, unless such payments have been expressly agreed) entitles the seller to suspend delivery and further entitles the seller “ipso jure” to charge default interest. A delay in payment on the part of the buyer also entitles the buyer to settle the bill “ipso jure” via a factoring partner, which currently means a surcharge of 4% on the originally agreed purchase price. The seller reserves the right to change this surcharge in the General Terms and Conditions at any time and without prior notice.
5. Delay of the buyer
If the buyer defaults on payment of the purchase price, the seller is entitled to withdraw from the contract and reclaim the purchased item in accordance with Article 214 Paragraph 3 OR. If the buyer defaults on accepting the purchased item and the seller subsequently withdraws from the contract, a contractual penalty of 25% per year of use of the purchase price is due. If the buyer defaults on payment of the purchase price, the seller can reject any warranty obligations.
6. Shipping / Packing
The costs of shipping, unless free delivery has been expressly agreed, are borne by the buyer. The seller charges any packaging at cost price. The seller delivers exclusively in accordance with Incoterms 2010®. Unless otherwise agreed, delivery and collection dates always apply FCA (Free Carrier) ExWerk Hüswil, Incoterms 2010®. Meaning FCA (Free Carrier): The buyer can have the goods picked up himself or by his freight carrier on the agreed date at the Hüswil factory (unless another location has been agreed). The necessary customs documents are created by the seller. Customs clearance must be carried out by the buyer or his carrier. In any case, the goods travel at the purchaser’s risk, even if free delivery and/or DAP according to Incoterms 2010® is agreed.
7. Delivery times
The confirmed delivery times will be adhered to by the seller wherever possible, but the seller must refuse any compensation if the delivery dates are exceeded. Also excluded are damages from crop failure, costs arising from the rental of replacement machines or work carried out by contractors that could become necessary due to a possible delay in delivery, as well as any claims from transport companies. The seller hereby rejects any form of liability in the event of late delivery.
8. Acceptance / Complaints
If the customer does not notify the seller in writing within 10 days (after receipt) of receiving the goods, the delivered goods are deemed to have been accepted and approved. The goods or work are also considered approved if the buyer takes them with them after a factory acceptance or inspection. Any complaints from the buyer do not entitle the buyer to withhold payment under any circumstances; such withholding would be considered as late payment.
9. Retention of title
The delivered goods remain the property of the seller until full payment. If the buyer becomes insolvent, the seller is authorized to take back the goods and can charge the usual rental price as well as compensation for wear and tear and reduced value as well as transport costs.
10. Guarantee
Guarantee conditions:
The guarantee period is 2 years from the delivery date. During this period, the seller will replace defective product parts free of charge. The defects complained about must be justified by the buyer and acknowledged by the seller. Expenses for disassembly and assembly as well as transport costs of machine parts are borne by the buyer. Wearing parts and normal wear and tear are excluded from this warranty provision. Guarantee for intermediate sellers (dealers recognized by the seller, not private individuals) the following regulation also applies: The guarantee period of 2 years valid from the delivery date can be extended at the buyer’s request, valid 2 years after delivery to his customer, if he in the application to the seller names the end customer and can present the corresponding delivery documents with the delivery date and signature of the end customer.
a) The buyer must report the specific defect to the seller immediately after it is discovered. The seller does not accept any damage caused by failure to report any existing defect. The seller assumes no liability for failures of the delivered goods; the provisions under point 7. Delivery times/delay in delivery apply.
b) the buyer is obliged to operate and maintain the purchased products in accordance with the operating instructions of the manufacturing company and general professional training. The seller assumes no liability for damage caused by improper handling of the machines, by making changes or by not using original spare parts and prescribed oils. The seller reserves the right to provide oil samples for warranty claims. The seller has the right to demand the defective machine parts from the buyer. It is expressly stated that any warranty claim by the buyer does not entitle the buyer to withhold any payments due or to offset the claim against the purchase price.
11. Special regulation
Special agreements in written form between the seller and the buyer remain reserved. The above sales and delivery conditions are in no way canceled by the buyer’s contrary purchasing conditions, unless deviations have been previously agreed in writing.
12. Place of performance and jurisdiction
The seller’s place of performance and jurisdiction applies to both parties. The place of performance and jurisdiction of the seller applies to both parties. of the manufacturing plant according to the order confirmation.
13. Severability clause:
If a provision of this contract is invalid, the validity of the remaining provisions will not be affected. The parties undertake to replace the invalid provision with an effective regulation that comes as close as possible to this provision.