GTC for purchase contracts of ECHOJAZZ AG
Status May, 2020
1. Validity of the GTC
1.1 These general terms and conditions (GTC) apply to purchase contracts with private customers and companies.
1.2 The order is confirmed by the supplier. The contract is concluded as soon as the buyer receives the confirmation.
2.1 The validity of an offer ends after 30 days.
2.2 The supplier reserves the right to withdraw or change a quote.
3.1 Prices are quoted in CHF or EUR.
3.2 The supplier reserves the right to change the prices at any time. For customers, the prices listed on the order confirmation apply.
4.1 All information and data contained in general product documentations, brochures and price lists of the supplier are binding only in case they have been included in the contract by written reference.
5. Terms of delivery
5.1 Delivery is made in principle on the date stated on the order confirmation. If a longer delivery period is necessary, the customer will be informed in advance. In the event of delays of more than 30 days, the customer may waive the service and withdraw from the contract. A withdrawal must be made in writing. Compensation for damages due to non-performance or delays cannot be claimed. The supplier rejects any contractual penalty. For partial deliveries and advance deliveries, the explicit consent of the buyer must be obtained.
6. Right of revocation and right of withdrawal
6.1 The customers can revoke the purchase contract without giving reasons and without penalty payment. Goods confirmed as ordered will be charged to the customer at the price in the order confirmation.
7. Liability and guarantee
7.1 The supplier guarantees for a period of 24 months that the goods have the promised properties, that they have no defects that could impair their value or suitability for the intended use and that they comply with the prescribed performance and specifications.
7.2 The buyer must inspect the delivered goods immediately after receipt. Obvious defects in the delivered goods must be reported to ECHOJAZZ AG within five working days upon receipt.
7.3 In principle, products are delivered according to samples, illustrations or sketches. Minor deviations in size, colour, structure and processing are reserved. Particularly in the case of repeat and supplementary orders, deviations are possible without other written commitments. Cuttings can have a tolerance of +/- 1mm.
Deviations customary in the industry in execution and material, in particular cutting accuracy and material properties, are reserved. If tolerances are imposed on ECHOJAZZ AG by suppliers, these also apply to customers of ECHOJAZZ AG.
7.4 If there is a defect, the seller has the right to rectify the defect free of charge, to make a deduction from the price corresponding to the reduced value, or to make a replacement delivery. Compensation cannot be claimed.
8.1 The invoice is sent exclusively electronically. Payment is made by bank transfer according to the details on the invoice.
8.2 In case of late payment, the supplier will send a maximum of two reminders. A fee of CHF 300 will be charged for the second reminder. If the customer then fails to pay, debt enforcement measures will be initiated. In addition, default interest of 10 percent will be charged for late payment. The right to claim compensation damages is reserved.
9. Application of law and place of jurisdiction
9.1 These GTC are governed by Swiss law, in particular the provisions of the Swiss Code of Obligations (OR).
9.2 Place of jurisdiction is the registered office of the supplier.