Applicability

1.1. These General Conditions of Sale apply to all sales made by Weitnauer Distribution Ltd (”WD”).

1.2. Through placing an order the purchaser automatically recognises and accepts WD’s .General Terms and Conditions and undertakes to comply with the payment obligations entered into at the time of contract conclusion.

1.3. Variations from or additions to these conditions, specifically including the purchaser’s own general conditions of purchase, shall not have force unless agreed in writing.

2. Offers

2.1. The information provided in WD’s price lists is subject to change and is not binding.

2.2. A contract to purchase does not exist until WD expressly accepts the purchaser’s order (tender).

3. Prices

3.1. All prices are net without any discount in Euros (EUR) unless otherwise agreed.

3.2. The delivery of goods takes place in accordance with the agreed term (Incoterms 2000).

3.3. We reserve the right to change the prices and delivery options on offer.

3.4. All ancillary costs such as for instance necessary consents and licences are chargeable to the purchaser.

4. Minimum quantities The minimum order quantities stated in our price lists are binding and must be complied with in all cases.

5. Delivery dates

5.1. The agreed delivery date or schedule will be based on the circumstances prevailing at the time of ordering and will refer to the standard delivery options.

5.2. WD will not countenance liability for delays in the handover or delivery of goods for which it is not responsible.

5.3. If despatch or the acceptance of goods by the purchaser is delayed or prevented altogether for reasons beyond the control of WD, then the consignment will be placed into storage at the orderer’s risk and expense.

6. Inspection of supplied goods and warranty terms

6.1. The recipient must verify the quality and quantity of goods deliveries immediately on arrival.

6.2. Any shortcomings must be notified to WD in writing within five working days after receipt of the goods, upon presentation of an official document (customs or police report).

6.3. Subject to the complaint being lodged within the specified period and the shortcoming itemised in detail, WD will accept warranty liability for defective goods; however, the immediate supply of compliant replacement goods of the same category shall exempt WD to indemnity from any further claims by the orderer. WD reserves the right to exempt itself from all further liability through the issue of a credit note to the appropriate value. The amount of such credit shall be limited to the price of the defective goods.

6.4. Product complaints shall not free the purchaser from the obligation to comply with payment periods.

6.5. WD accepts no liability for damage to goods subsequent to delivery, after signature of transport documents ( delivery note, CMR..) by the purchaser, as a result of improper use or storage or of modification of the goods supplied by the purchaser or any third party.

6.6. Under no circumstances does the purchaser enjoy any entitlement to compensation for damage other than to the object of supply itself, such as lost orders, lost profit, direct or consequential losses.

6.7. The purchaser expressly disclaims any entitlement to redhibition, reduction and compensatory damages arising from its contracts with WD. These General Terms and Conditions constitute a conclusive definition of the purchaser’s entitlements.

7. Payment conditions

Payment shall be rendered on the terms agreed in the specific instance, or in the absence of any specific conditions, in advance of delivery, without deduction of any discount, incidental expenses, taxes or fees of any description. Bank charges are the orderer’s responsibility.

8. Reservation of title

Ownership of all goods supplied shall remain with WD until all payments have been effected in full in conformance with the contract.

9. Minimum prices/Delivery rights

9.1. Through placing an order the purchaser undertakes to comply with any applicable prescribed minimum prices. Any changes to the defined minimum prices apply with immediate effect, even to goods in current stock.

9.2. The purchaser undertakes to comply with any existing conditions defined in relation to delivery rights.

10. Applicable law

10.1. These Conditions of sale and all purchase contracts are subject to Swiss law. The applicable court is Basle.

10.2. In exceptional circumstances, WD is entitled to bring the dispute before the relevant court covering the purchaser’s registered office.

11. Validity

11.1. These Conditions of Sale are binding and take effect on 1 June 2014.

11.2. Should any provision or provisions within these Conditions of Sale cease to have force, this shall not affect the validity of the remaining provisions.

11.3. Any variations of or additions to the Conditions of Sale require the written form to have effect.