General Terms and Conditions

1. Scope of Application
The following terms and conditions apply to all deliveries and services of Ferratec Industrial Solutions AG, Rudolfstetten (hereinafter “FERRATEC”), unless otherwise agreed in writing. If the customer’s terms and conditions deviate from these present terms and conditions, only FERRATEC’s conditions shall apply.

2. Offers
Price lists and brochures contain non-binding information and prices. Telephone inquiries are non-binding. Written offers from FERRATEC are binding for 30 days, unless a longer period has been guaranteed. The acceptance of the offer/order can be made in any form of communication. FERRATEC confirms the order in writing.

3. Prices
Prices are net, excluding packaging and shipping costs, excluding VAT, ex works of FERRATEC.

4. Payments and Payment Terms
Payments are to be made strictly net within 30 days from the invoice date, without any deductions. Partial deliveries will be invoiced separately and are also payable within the stated period from the date of invoicing.

5. Delivery Periods
FERRATEC undertakes to comply with the delivery periods specified in the order confirmation. In the event of delivery obstacles beyond FERRATEC’s control, such as serious accidents, epidemics, strikes, official measures, mobilization, war, force majeure, delayed or faulty supplies to FERRATEC, etc., the delivery periods shall be extended appropriately. Delivery periods shall also be extended if the customer is in default with their preliminary obligations. FERRATEC will promptly inform the customer of any impending delivery delays.

6. Packaging and Transport
The goods will be adequately packaged for shipment. Unless otherwise agreed with the customer, FERRATEC generally sends the goods by post or courier service. Transport insurance will be taken out at the customer’s request and expense.

7. Transfer of Benefit and Risk
Benefit and risk pass to the customer upon handover of the goods to the post office, or upon handover to a carrier designated by the customer, or upon collection by the customer, upon handover to the customer themselves.

8. Warranty
The customer must inspect the delivered goods as quickly as possible and immediately report any defects found to FERRATEC in writing. If the customer fails to report immediately, the goods shall be deemed approved, unless the defects were not recognizable during a customary inspection. If defects appear later, the notification must be made immediately after discovery, otherwise the goods shall be deemed approved despite these defects. If a defect exists, the customer has the right to demand immediate rectification of the goods from FERRATEC. If it turns out that the rectified goods still suffer from a defect, the buyer has the choice to make a price reduction corresponding to the diminished value or to withdraw from the contract. Claims arising from the warranty expire one year after the handover of the goods.

9. Product Liability
The customer may only use the goods for their intended purpose and must ensure that they are only resold to persons familiar with the product hazards and risks. The customer is obliged to pass on warning notices from the manufacturer or FERRATEC to a buyer.

10. Online Orders
The buyer is aware that security in internet traffic is not fully guaranteed. FERRATEC ensures secure online access to its systems. It keeps its systems up to date with the latest technology and complies with data protection legislation. FERRATEC is not liable for disruptions and security deficiencies for which it is not responsible, in particular not for third-party attacks on its system (viruses, worms, etc.). The customer is responsible for the security of the systems, programs, and data within their sphere of influence. They must keep passwords and usernames confidential.

11. Prohibition of Assignment
Claims against FERRATEC arising from the contract with it are not assignable without its written consent.

12. Data Protection
The customer agrees that their personal and technical data relating to the ordered devices and those of their customers may be collected, stored, processed, and used by FERRATEC and an external partner and its group and partner companies for internal purposes, in particular for business processing and quality assurance, whereby data transfer abroad may also occur. Data will not be passed on to third parties for other purposes.

13. Miscellaneous Provisions
Swiss law is applicable to these general terms and conditions. The German version of these general terms and conditions shall in all cases take precedence over versions/translations in other languages. The UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive place of jurisdiction is Bremgarten/AG, Switzerland.