AGB | Eiger Diamant AG

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF EIGER DIAMANT AG

3274 Merzligen

Scope of application
1. The current version of these general terms and conditions of sale shall apply to all deliveries of goods by Eiger Diamant. The latter is entitled to revise and amend these general terms and conditions of sale at its own discretion. The customer is entitled at any time to request a copy of the currently valid general terms and conditions of sale from Eiger Diamant.
2. Deviations from these general terms and conditions of sale are only valid in written form. Conflicting general terms and conditions of a customer do not apply even if Eiger Diamant does not expressly object to them in individual cases.
3. Should individual clauses of these general terms and conditions of sale be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses.
Sales documents and conclusion of contract
1. The sales documents and technical descriptions provided by Eiger Diamant are not binding, unless otherwise agreed in writing.
2. If Eiger Diamant does not refuse or change a customer's verbal or written order in writing within five days of receiving the order, a purchase contract for the ordered goods has been concluded.
3. If Eiger Diamant responds to a customer's order with a different delivery offer, the customer must reject it in writing within five days, otherwise the amended offer shall be deemed accepted.
Prices
1. Unless otherwise agreed, Eiger Diamant's prices are net ex warehouse or place of manufacture and do not include packaging and transport costs or statutory taxes.
2. All freight, insurance, licensing and certification costs shall be borne by the customer. In addition, the customer shall pay all taxes, fees, customs duties and other charges levied in connection with the performance of this contract. Insofar as such charges are levied by Eiger Diamant, the customer shall reimburse them on first demand.
Terms of payment
1. Unless otherwise agreed, all payments by the customer are to be made in Swiss francs at the Swiss headquarters of Eiger Diamant.
2. Eiger Diamant's purchase price claims are due within 20 days of delivery of the goods.
3. If the customer does not meet this payment deadline, Eiger Diamant is automatically entitled to charge default interest on the outstanding amounts at the current consumer credit interest rate, but at least 5% p.a.
4. Eiger Diamant reserves the right to claim additional damages from a defaulting customer in excess of the amount of default interest. In addition, Eiger Diamant charges default fees of: CHF 20 for an invoice amount of up to CHF 1,000 CHF 50 for an invoice amount over CHF 1,000
5. If the customer falls behind on his payment obligations, Eiger Diamant is entitled to suspend delivery of the goods until the outstanding amount has been paid.
6. Eiger Diamant is entitled to offset all claims that the customer has against Eiger Diamant against the payment claims to which Eiger Diamant is entitled. The customer may only offset his payment obligations against claims that have been recognized by Eiger Diamant or have been legally established.
7. In the event of default in payment and in the event of justified doubts as to the solvency of the customer, Eiger Diamant is entitled to demand immediate payment of all claims arising from the business relationship and to make the delivery of goods that have not yet been paid for in full dependent on corresponding advance payments.
Delivery times
1. Eiger Diamant assures the customer a speedy and expeditious order processing. Due to the dependency on 3., it is not possible for Eiger Diamant to guarantee binding delivery times.
2. Promises regarding delivery times or delivery dates are only binding if they have been confirmed in writing by Eiger Diamant. In this case, the agreed delivery time is considered to have been met if the goods are ready for delivery at the place of manufacture or storage within the time limit.
3. If the delivery time cannot be met for one of the following reasons, the delivery time shall be extended by a reasonable period: a) if the customer does not fulfill his contractual obligations to cooperate, b) if the failure to meet the delivery time is due to a strike or lockout or other unforeseeable events for which Eiger Diamant is not responsible, c) if the customer requests subsequent changes or additions,
Shipment, insurance and transfer of risk
1. The transport of the goods is at the expense and risk of the customer.
2. Eiger Diamant organizes the transport of the goods at its own discretion, taking into account special requests of the customer as far as possible.
Retention of title
1. Eiger Diamant remains the owner of the goods until full payment of the goods delivery including all ancillary costs incurred in connection with the delivery of the goods. As long as not all outstanding claims have been paid, Eiger Diamant is entitled to register a retention of title to the delivered goods at the expense of the customer.
2. The customer undertakes to refrain from all actions that would run counter to the objectives pursued by the retention of title.
Warranty and liability claims
1. Eiger Diamant grants the customer a warranty against production or material defects in the delivered goods for six months from the date of delivery, in accordance with the following provisions.
2. If the goods sold are defective, the customer must notify Eiger Diamant of this in writing within 14 days of receipt of the shipment. If the customer discovers hidden defects after this period that could not have been discovered during the proper inspection, he must report these to Eiger Diamant in writing within five days of discovery. If a written complaint is not made or not made in due time, the delivery in question shall be deemed approved and the customer shall lose all warranty claims.
3. The customer's warranty claim does not apply to defects resulting from natural wear and tear, in particular for wearing parts, or for defects resulting from improper treatment. Eiger Diamant excludes any warranty and liability claims if the customer or third parties not previously authorized by Eiger Diamant make changes or repairs to the delivered goods.
4. For defects that occur more than 6 months after delivery, Eiger Diamant excludes all warranty and liability claims.
5. If a complaint proves to be justified, Eiger Diamant may, at its own discretion, rectify the defect by repairing the defective goods or by delivering new, defect-free goods.
6. Any further claim by the customer due to defective goods, in particular for termination of the contract, reduction of the purchase price or compensation for direct or indirect damage, is excluded.
Place of performance, place of jurisdiction, applicable law
1. Unless otherwise specified, the place of performance for services under this contract is at the registered office of Eiger Diamant.
2. Eiger Diamant is entitled to process and store data that it has received in the course of its business relationship with the customer, regardless of the origin of that data, in accordance with the Data Protection Act.
3. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Eiger Diamant. However, Eiger Diamant is also entitled to sue the customer at another competent court.
4. These general terms and conditions of sale and all contracts concluded on the basis of them are subject to substantive Swiss law.

(Status January 2020)