General terms of conditions

Disclaimer

The product properties listed on data sheets, brochures, leaflets, etc. generally comply with the European standard. In the absence of a standard, they represent the result of testing by Aluminium-Laufen AG.

The compliance of the product properties with the European standard is expressly warranted, but not the suitability of the product for a specific application or a specific type of use. The customer should test the product to determine whether its properties are suitable for the intended use. Upon request, Aluminium-Laufen AG will provide assistance to customers or third parties in their decision-making in this regard.

Furthermore, it is the customer's responsibility to clarify whether additional material tests are required in addition to the random tests customary in the industry.

If the customer fails to track the production lot, Aluminium-Laufen AG shall not be liable for any additional costs incurred as a result.

Any changes to these provisions will be published here.

Status: 19 February 2008
Generals
These general terms and conditions apply to all deliveries of goods, if reference was made to this in the seller's offer or order confirmation, unless otherwise agreed in writing.
Acceptance of the goods means in any case the acceptance of these terms and conditions by the buyer.
Insofar as these terms and conditions do not contain any rules, the Swiss Code of Obligations shall apply on a subsidiary basis, and the "Vienna Convention on Contracts for the International Sale of Goods" of 11 April 1980 shall apply to deliveries abroad.
All notifications relating to deliveries made under these terms and conditions must be made in writing, by letter or telex (fax); compliance with the written form requirement can only be waived by written agreement.
Offers
Subject to special written agreement, offers made by the Seller shall only be binding if accepted immediately by the Buyer and shall in any case be subject to the following conditions.
Orders
Orders for deliveries shall become binding upon the seller's order confirmation, which is issued in writing after clarification and acceptance of all details. Order confirmations can be sent by post, fax or e-mail. Verbal or written agreements and changes to orders placed shall also require written confirmation by the Seller to be valid.
Validity
The GTC apply as per the enclosure or the Internet link: www.aluminium-laufen.com/terms at the time of order confirmation.
Prices
Unless otherwise agreed, our prices are ex works (FCA Liesberg). Unless otherwise specified, prices are exclusive of VAT and all other taxes, duties, customs duties, fees, etc. levied on the conclusion or fulfilment of an order.
Payment Terms
The terms of payment listed in the order confirmation shall apply. The place of payment for all payments to be made by the buyer is the registered office of the seller. If the Buyer defaults on payment for deliveries made, the Seller shall have the right, without setting a grace period and with a written declaration, to demand payment for the unfulfilled part of the contract.  part of the order and to cancel all orders that have already been confirmed but not yet executed. The buyer must compensate the seller full compensation for the resulting damage.

Payment of the remuneration for deliveries made may not be refused for any reason. The offsetting of payments owed against counterclaims of the buyer requires the prior written consent of the seller. If the buyer fails to comply with the payment terms or becomes insolvent, all outstanding balances shall become due for payment irrespective of the agreed payment dates and may be claimed by the seller immediately.
Safety components
Safety components must be designated by the client and explicitly ordered as safety components.
Scope of delivery
Specifications, prices and conditions refer to the total quantity of goods, deliverable in one consignment. If, contrary to offers/order confirmations, the Buyer expressly requests partial shipments, the specifications, prices and conditions shall be based on the quantities of each partial shipment.

Delivery time
Specified delivery times apply to delivery ex works. They are based on the information on the binding order confirmation.
Force majeure
Events of force majeure shall liberate the Seller from the fulfilment of its delivery obligations. The buyer renounces the assertion of any claims in these cases. Events of force majeure include mobilisation, war, sabotage, strike, lockout, revolution, official measures or decrees, embargo, flood, storm, fire and other natural disasters as well as all other unforeseen events. 
The Seller shall not be liable for any consequences, such as restrictions in the energy supply, delayed or faulty delivery of raw materials, machine or tool breakage, which occur at the Seller or at one of its sub-suppliers. Events of force majeure also include difficulties and delays in transport, delayed provision of means of transport, traffic disruptions. Any responsibility of the seller is excluded.

Shipping, Benefit and Danger
In the case of transport by the buyer, the benefit and danger are transferred to the buyer at the point in time at which the goods leave the factory area. Shipping is at the expense and responsibility of the buyer. 
Complaints in relation to the transport must be addressed by the buyer to the last carrier immediately upon receipt of the delivery or the freight documents.

Freight costs
The weights determined by the seller shall be decisive for the calculation of the freight costs.
Packing
Returnable containers (wooden crates, returnable pallets, etc.) will be charged to the buyer upon delivery. If the goods are returned to the supplier in a reusable condition, carriage paid, they will be credited.
Retention of title
The seller remains the owner of the goods until he has received the payment owed for them in full. 
He is authorised to make an entry in the retention of title register at the buyer's registered office.

Quantity Tolerances

Unless otherwise agreed, the seller reserves the right to apply the following quantity tolerances to the ordered quantity (number of pieces, metre, weight), which are unavoidable due to the manufacturing circumstances:


Extruded profiles:

  • For 500 kg and more or the corresponding number of pieces/metre per item ± 10 %
  • For 250 to 499 kg per item ± 20 %

Castings: 

  • piece per item ± 10 %
Quality control/analyses
The goods shall be randomly inspected to the extent customary in the industry prior to delivery to the factory. If a more extensive inspection is requested in the order, the additional costs shall be charged to the buyer. 
The analysis methods and results of the seller are decisive. If their accuracy is disputed, an arbitration analysis must be carried out by a jointly appointed independent expert.

Tools, Moulds, Models
Unless otherwise agreed, the mould, tool and model costs are payable when the order is placed. Their maintenance shall be charged to the seller. Moulds and tools (including gauges and the like) remain the property of the seller, even if the manufacturing costs are fully or partially borne by the buyer. 
Unless otherwise agreed, moulds and tools paid for in fully or in part by the Buyer shall only be used for orders of the Buyer and third parties designated by the Buyer. Models shall be stored under the best possible conditions without any further responsibility on the part of the seller. If moulds or tools remain unused for 3 years, the seller is allowed to liquidate them without special notice to the buyer.

Inspection and complaint period
The buyer must examine the goods immediately after delivery. Complaints regarding weight or quantity as well as complaints about the condition of the goods are only valid, if they are reported to the seller in writing within ten days of receipt of the goods, in the case of hidden defects within ten days of their discovery. 
Failure to give notice of defects in good time shall be deemed to constitute approval of the delivery.

Warranty and liability
In the event of justified complaints or notices of defects, the seller's liability shall be limited to free replacement or repair of the goods complained about in due time during a warranty period of six months from delivery of the goods from the manufacturing plant. 
The goods replaced by a defect-free delivery shall become the property of the seller. Beyond this, the buyer has no claims against the seller, in particular no further rights to cancellation, reduction or compensation for the damage caused by the defective delivery. Excluded in particular are all claims by the buyer for compensation for indirect, consequential or indirect damages (including lost orders, revenue or profits, recall costs, business interruption, claims by third parties) and all other costs incurred by the buyer in connection with a defective delivery. 
A complaint or notice of defect shall not entitle the Buyer to withhold payment of the price for the goods in question.
Outsourcing Services
Services can be outsourced to Group companies and third parties within Switzerland and abroad. In the context of outsourcing, data may have to be transferred to internal or external service providers and service providers may in turn involve other service providers. All service providers are obliged to maintain confidentiality.
Product liability
Buyer and Seller shall keep each other informed of possible defects in the goods or claims made by third parties in connection with their use even after expiry of the warranty period and shall support each other to the best of their ability in the defence against unjustified claims arising from product liability.
Property right infringements
It is not the responsibility of the seller to clarify whether the material described or ordered by the buyer is suitable, by its nature.  description or by a certain further processing or use lead to an infringement of patent, design or other industrial property rights or copyright. In such cases, the buyer shall be solely liable.
Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction for the rights and obligations arising from the conclusion and processing of orders shall be the domicile of the seller for both parties. 
All disputes in connection with deliveries and services shall be finally settled in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce by a sole arbitrator up to an amount in dispute of CHF 50,000 and by a three-member arbitral tribunal if the amount in dispute is higher or undetermined.

These Terms and Conditions have been translated from German. In the event of inconsistencies between the language versions, the German version shall prevail.
 

Contact

Aluminium Laufen AG Liesberg
Industriestrasse 5, CH-4253 Liesberg
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