General Terms and Conditions (GTC)
These General Terms and Conditions are an integral part of the contract between HAFNER AG and the customer. The General Terms and Conditions shall apply without reservation and take precedence over any other terms and conditions. The following conditions apply to all our offers and deliveries, even if there is no order confirmation.
Recognition of sales and delivery conditions
The following conditions are decisive with regard to every delivery to be realised by us. This also applies to future transactions until these General Terms and Conditions are amended or revoked. The type and scope of our deliveries are determined in the order confirmation. HAFNER AG is entitled to make partial deliveries at any time. Deviations from these conditions require written confirmation from HAFNER AG.
Prices are in CHF or EUR. Listing of our offers, whether in writing, by telephone or verbally, is subject to change and involves no obligation on our part. Prices apply to the quantity categories on which the enquiry is based, excluding VAT, freight, postage and packaging. They are based on the costs, duties and exchange rates known on the day of confirmation. Should these increase in the period up to delivery, we reserve the right to adjust prices accordingly.
Unless otherwise agreed, our invoices shall be payable strictly net within 30 days from the date of invoice without any deductions. Following expiration of the payment period, default consequences shall apply immediately without a reminder. In the event of doubts regarding the solvency of the customer, especially in the case of payment arrears, we are entitled to demand securities or advance payments in advance of further deliveries. If the security or advance payment is not rendered within the deadline set, we are entitled to withdraw from the agreement.
Specified delivery deadlines shall be adhered to wherever possible but are non-binding. Claims for damages due to delay in delivery are excluded. If the customer withdraws from the contract due to a delay in delivery, we are entitled to invoice the costs incurred. In the case of call orders, if partial deliveries are not called within the agreed period, we have the right to invoice the partial delivery and request its acceptance within 30 days. After this period has expired, the goods shall be stored at our premises at the expense and risk of the customer.
Excess and short deliveries
In the case of moulded rubber parts, we reserve the right to deviate by up to 10% of the quantity of items ordered.
Cancellation (rescinding) of orders by the customer
Special items (not stock items) ordered by the customer that are in production or already in stock can no longer be cancelled. Such items must be obtained by and shall be invoiced to the customer.
Our consent is required for the return of properly ordered and delivered goods. Any transport and packaging costs shall be borne by the customer in every case. The following rule shall apply if the goods are in perfect condition and there is no depreciation in value:
– A deduction shall be made on credit notes for the return of goods corresponding to the activities involved, but at least 20%.
– Goods delivered more than three months ago cannot be taken back.
– Credits are issued for goods with a net value of CHF 20.00 or more, excluding VAT. No credit shall be refunded if the net value of the goods is less than CHF 20.00, excluding VAT.
– Credits can only be redeemed against goods.
Notification of defects and warranty
Notices of defects must be reported to us immediately and in writing within 8 working days of receipt of the goods at the latest. Any liability shall be rejected after this notification period has expired. If the complaint proves to be justified, we shall, at our discretion, provide a replacement free of charge through repair or a new delivery, or credit the invoice amount or reduced value. The assertion of further claims of the customer against us with regard to direct or indirect damage is excluded. We reject any product liability obligation. The approval of outturn samples by the customer excludes any later notification of defects, provided that the delivered parts correspond to the approved outturn sample. If parts executed pursuant to customer drafts or drawings are delivered, the warranty shall be limited to the fact that the parts delivered have been executed in accordance with these documents. No liability shall be accepted for the suitability intended by the customer or other intended uses.
Delivery of accessories
If accessories are delivered by the customer, they must be delivered with an excess of 5% to 10% in order to cover rejects during processing. Late or incorrect deliveries shall release us from compliance with agreed delivery deadlines.
We retain tools carefully for repeat orders and maintain them for 5 years after the last delivery. The further course of storage shall be regulated by mutual agreement.
Retention of title
Goods remain the property of HAFNER AG until the purchase price has been paid in full. In the event of any seizure, retention or blocking, the customer must indicate the retention of title and notify us. The customer expressly grants us the right to have the retention of title entered in the retention of title register.
Offsetting / Retention / Assignment
The customer may not make any demands of us regarding offsetting, retain any items that we own or assign any claims against us to third parties.
Benefit and risk
Benefit and risk are transferred to the customer when the goods are shipped, meaning as soon as the goods leave our premises, even if shipment is carriage paid. The customer is responsible for insuring the goods against damage and loss during transport. The route and method of shipping shall be chosen to the best of our judgement without instructions from the customer.
Third-party property rights
If we have to deliver items based on drafts, drawings, models or samples that have been handed over to us by the customer, or according to information of any kind, the customer shall guarantee that no third-party commercial property rights are infringed by the manufacture and delivery of the items. The customer shall assume all damages that may arise from a violation of the rights of third parties.
Fulfilment, place of jurisdiction and applicable law
The place of performance and exclusive place of jurisdiction for all disputes arising from this agreement and this business relationship is the registered office of our company, meaning Stans, Switzerland. Swiss law shall apply.
Version released December 2019