These terms and conditions of business apply if the parties accept them explicitly or tacitly. Amendments or additional agreements are only effective if SIMEKO AG confirms them in writing.
02 Issuing of quotations, scope and implementation of the performance
Quotations issued by SIMEKO AG are non-binding. SIMEKO AG retains the ownership of and copyright to the ideas and design suggestions offered.
Decisive for the scope and implementation of SIMEKO AG’s performances are firstly – if existing – the written agreement of the parties, secondly the confirmation of order by SIMEKO AG and thirdly the quotation.
03 Confirmation of order
Accepted orders only become valid after we confirm the order.
04 Drawings etc.
The customer is solely responsible for ensuring that the drawings, sketches, models etc. placed at our disposal can legally be used. We are not under any obligation to check this ourselves.
05 Delivery quantities
With regard to delivery quantities, in particular of goods manufactured to customer drawings, we reserve the right to supply quantities differing by up to +/- 10 %, since these cannot be avoided for technical reasons.
06 Quantity contracts
The prices stated in our quotation are calculated in accordance with the quantity and the annual requirement or lot size. If the lot size and/or the annual call-off quantity do not reach the quantity specified as the annual requirement, then we reserve the right to increase the unit price and to deliver the non-purchased quantity difference.
Our prices are non-binding for re-orders. Unless expressly stated otherwise, our prices are for delivery ex works excluding packaging, payable within 30 days net by postal or bank transfer, without deduction and without expense for us, in the confirmed currency. If decisive cost factors used for the calculation of the prices such as materials, operating resources, wages, etc. increase, we shall be entitled to adapt the price accordingly.
08 Cancellation of orders
In the case of the cancellation of part of an order or of the complete order, we reserve the right to issue an invoice for at least 10 % of the agreed price of the cancelled goods, or for the full expenditure already incurred as well as for the raw materials bought in for the purpose.
09 Tools/tool costs
In the event that new tools, moulds or jigs have to be created in order to manufacture an article, we will issue an invoice to the customer for a once-only portion of the costs, payable after delivery and approval of the first sample product. The tools shall remain our property under all circumstances and shall not be handed over.
10 Terms of payment
Payments are to be directed to us in Wollerau within 30 days net from the date of invoice/delivery, without deduction, by postal or bank transfer and without expense for us. Any costs incurred for encashment will be charged for. In the case of the payment due date being exceeded, default interest will be charged in accordance with the prevailing financial conditions, but at least 6 % p.a. In the case that, following the issue of an order, inquiries into the purchaser’s financial situation show that it is inadequate, or if a serious deterioration in the purchaser’s financial situation subsequently becomes apparent, we shall be entitled to demand securities from the purchaser for all or part of the purchase price. If such securities are not forthcoming, we shall be entitled to suspend the order or to relieve the purchaser of his duty to purchase the goods that have already been manufactured.
11 Delivery times
The delivery times stated in the quotation always apply from the date of receipt of the order or, in the case of new articles, following release of the manufacturing drawings. The delivery time is determined such that it can most probably be met. The delivery time is deemed to have been met if the delivery object has left our premises by the expiry of the confirmed delivery date or if the customer has been informed of its readiness for dispatch. We do not pay compensation for damages for delayed deliveries. The customer is not entitled to cancel orders already issued, even in the case of the delivery date being exceeded. Cases of force majeur, operational disruptions, strikes and lock-outs, and the delayed or non-delivery of raw materials release us from our duty to deliver for the duration of the hindrance.
This takes place according to weight by HGV, rail or post. All fees associated with this are to be paid by the recipient.
This is charged at cost price. Rental containers or crates must be returned to us free of charge within a short time limit.
All articles are to be checked for correctness within three (3) week after receipt at the latest and any complaints must be made in written. Returned goods, if the claims are accepted, will be reimbursed accordingly and replaced, together with the issue of a new invoice. Faulty goods must be returned in their original condition. Changes of any kind preclude the duty to accept the return. The recipient is not entitled without our agreement to repair defects himself or to have them repaired by third parties at our cost, nor is he entitled to claim for compensation for damages or a reduction in price due to defective goods.
15 Place of fulfilment
The place of fulfilment for delivery and payment is Wollerau.
16 Place of jurisdiction
The place of jurisdiction is exclusively CH-8832 Wollerau. Other terms and conditions are only valid if we expressly accept them.