General Conditions of Sale Chapter Two Clothing KLG

1. General.

The following general terms and conditions of sale apply to all offers and deliveries. Deviations and special agreements must be in writing to be valid. Any liability for slight negligence is excluded. Changes in the buyer's circumstances that involve the risk of non-payment for the goods or services entitle us to immediately withdraw from any delivery and service obligations. Dimensions and standards in our catalogs and brochures are non-binding. The applicable editions of the DIN, ISO and VSM standards are decisive.

2. Scope of the delivery obligation.

Orders that we carry out immediately are usually not confirmed. They are carried out on the basis of the valid brochure or catalog information. Agreements that deviate from this are only valid if they have been made in writing.

3. Prices.

Prices are in Swiss francs. Agreements that deviate from this are only valid if they have been made in writing. They are non-binding for non-limited offers and for repeat orders. Cost estimates are non-binding. In principle, the price valid at the time of delivery applies; for engineering, assembly, commissioning and maintenance, the price valid at the time the order is completed applies. We reserve the right to make changes to printed price lists, catalogs and brochures at any time. Orders with a gross value of less than CHF 100 will be charged net. Minimum invoice amount: CHF 50.–. All prices are exclusive of VAT.

4. Freight and packaging.

Unless otherwise agreed, postage and freight charges - with no liability for the cheapest shipping - as well as packaging costs are borne by the buyer. (EXW, Incoterms). In principle, the packaging cannot be taken back.

5. Delivery times.

The delivery period begins with the conclusion of the contract, but at the earliest after receipt of all information and documents required by the buyer. The stated delivery times apply subject to unforeseen obstacles. In particular, an appropriate extension of the delivery period occurs if force majeure, war, strikes, official orders, operational and traffic disruptions, lack of important material deliveries and the like make it impossible for us to adhere to the delivery period. A delay in delivery due to such events does not give the buyer the right to withdraw from the contract or to make claims for compensation.

6. Place of performance and transport.

The place of fulfillment for our contractual obligations from the purchase contract is our domicile. The benefits and risks are transferred to the buyer when the delivery is made available, or at the latest when it leaves the factory, warehouse or workshop, even if the delivery is free of charge or under a similar clause or includes assembly. All shipments, including postage paid or truck deliveries, travel at the buyer's risk without exception. However, unless there is a report to the contrary, we will insure all shipments “from door to door” against any damage in the interest and for the account of the buyer.

7. Notifications of defects.

The buyer must check the delivery for completeness and damage immediately upon receipt or after completion of the work necessary in connection with the delivery and, if necessary, have the transporter prepare a statement of facts. We can only consider complaints about defective, incomplete or incorrect deliveries or services if they are made in writing no later than 8 calendar days after receipt of the shipment or after completion of the work. We are only liable for defects within the scope of the following guarantee conditions. Further claims are excluded even if defects are reported in a timely manner.

8. Exchange.

Exchanges and return shipments can only be accepted after prior agreement and no later than 2 weeks after receipt of the goods. We expressly reserve the right to refuse a return or exchange. This generally applies to goods that had to be purchased from our supplier/manufacturer specifically for the customer order in question or are no longer in their original, completely new condition or are no longer in their original, undamaged packaging. We reserve the right to invoice our expenses or not to credit the full invoice amount.

9. Guarantee.

The warranty service varies depending on the product area. The respective quality and warranty regulations of the relevant manufacturers apply to all products. Exceptions to this must be in writing. The guarantee period begins on the date of sale recorded on the guarantee card or, if there is no guarantee card, from the day of delivery or our notification that the work carried out has been completed. It expires after the agreed period or if the buyer himself or through third parties carries out changes or repairs without our consent. The deadline will not be extended or renewed by repairs or replacement deliveries. In the event of extraordinary demands, such as multi-shift operation, the guarantee period is reduced accordingly. We undertake to repair or replace, as quickly as possible and at our discretion, all parts that become defective or unusable during the warranty period as a result of demonstrably poor material or poor workmanship. Replaced parts become our property. For all of our deliveries and services, liability is generally limited to replacing the defective goods. Freight, packaging, removal and installation costs, consequential damages and any travel costs are borne by the buyer. In special cases, however, we can cover the installation and dismantling costs as well as the transport and service costs in whole or in part, provided that these are in an appropriate relationship to the value of the product in question. Any further liability, particularly for direct and indirect damages, is excluded. There is no right to change or reduction unless we are unable to remedy the defects. Natural wear and tear and damage caused by improper handling are excluded from the guarantee. In particular, we are not liable for damage caused by inadequate maintenance, non-compliance with operating regulations, unsuitable operating resources, improper assembly by third parties, changes in the condition or mode of operation of our products due to improper storage, as well as climatic or other influences and other influences that we cannot estimate. The guarantee does not cover defects that are due to design errors or the choice of unsuitable material if the buyer has specified the design or material despite our prior advice. The buyer must assert warranty and functional performance claims when placing the order within the warranty period, stating the date of commissioning and failure date or, where available, by presenting the duly completed warranty certificate.

10. Under- and over-delivery.

In the case of custom-made products, we reserve the right to under-deliver or over-deliver, depending on the practices of our suppliers.

11. Call Orders.

Deliveries on demand must be expressly agreed. Purchase and invoicing must take place no later than 12 months from the first agreed delivery date.

12. Payment Terms.

Payment must be made net within 30 days of the invoice being issued. An additional notice of default is not necessary. In the event of late payment, a late payment interest of 8% is due. Late payment allows us to demand immediate cash payment for all claims arising from the business relationship. We reserve the right to withdraw from the contract in the event of late payment, even if the purchased items have already been delivered to the buyer.

13. Retention of title.

The goods delivered by us remain our property until they have been paid for in full.

14. Applicable law, place of jurisdiction and place of performance for payments.

Swiss law applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) of April 1, 1980 do not apply. The exclusive place of jurisdiction is at the domicile of The place of fulfillment for payments and the special domicile in accordance with Art. 50 Para. 2 SchKG is the domicile of