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General Conditions of Sales and Supply

1. Application

These General Conditions of Sales and Supply complement and complete individual supply agreements and govern the business activity between the buyer and Fasnacht Dynamics AG.

 

2. Conclusion of Contract

Individual supply agreements are made out in writing, in the form of a written confirmation (order confirmation) based on verbal or written order by the buyer. Communication in writing may either be in the form of letters or by Fax or electronically by mail. The agreement constitutes the basis for the volume and the execution of the supply.

 

3. Technical Documents

Technical Documents, e.g. drawings, descriptions, illustrations and the like, are if they have not especially been agreed to be binding, only approximations; Fasnacht Dynamics AG reserve the right to modify any of the above mentioned. The buyer may use the technical documents exclusively for the utilization and maintenance of the product, but not for the manufacture of the actual product or parts thereof. Furthermore, these documents have to be treated with confidentiality and it is explicitly forbidden to make any copies thereof or make the contents in any way known to third parties.

 

4. Rules and General Conditions at the Site of Utilization

Before signing the contract the buyer has to inform Fasnacht Dynamics AG of any legal, official or other regulations which have to be observed and respected at the site of utilization of the product.

 

5. Prices

Prices are based on Swiss francs. Not included are V.A.T. and other taxes, fees and charges, not the costs for packaging, transport, customs duties, onsite assembly work, installation, start-up, handing-over and acceptance exempt otherwise confirmed. Fasnacht Dynamics AG is entitled to change printed tariffs and catalogues any time. For buyers the prices confirmed on the order date shall apply.

Cost estimate:
The cost estimate is offered at a fee. The fee of CHF/EUR/USD 100.- will not be charged upon completion of the repair.

 

6. Terms of Payment

The terms of payment are put in concrete terms in the specific agreement. Fasnacht Dynamics AG is allowed to supply in part deliveries. These supplies are to be paid in accordance with the invoiced value of the part delivery. The buyer has to respect the agreed payment deadline even if delivery, on-site assembly work, installation, start-up or handing-over and acceptance is delayed for reasons not attributable to Fasnacht Dynamics AG. The buyer may not deduct any discounts or defer payment for reasons of complaint or unaccepted claims. If payment is not made pursuant the agreement, Fasnacht Dynamics AG shall be entitled to adhere to the agreement or withdraw from the agreement and in both cases subject to compensation for damages. If payment deadline is not met there will be charged without further notice a default interest of 5 %.

 

7. Delivery time

The time of delivery is put in concrete terms in the specific agreement. Fasnacht Dynamics AG is entitled to a reasonable delay of delivery if force majeur (act of God) or other circumstances not attributable to Fasnacht Dynamics AG prevent delivery on time. Fasnacht Dynamics AG may refuse delivery if the buyer is in default of payment from previous deliveries. Any delays in delivery do not entitle the buyer to any damages or contract penalty. If the delivery is delayed or made impossible for reasons not attributable to Fasnacht Dynamics AG, the merchandise will be stored at risk and account of the buyer.

 

8. Transport and Insurance

Fasnacht Dynamics AG will supply at buyers risk and account. If nothing else agreed, Fasnacht Dynamics AG will choose the most appropriate form of delivery. Deliveries are insured within the conditions of the transportation insurance of Fasnacht Dynamics AG.

 

9. Transition of Benefit and Risk

The buyer bear the benefit and carry the risk for the merchandise after it left our location or if it has to be stored incase of delayed- or non-delivery.

 

10. Ownership (Retention of Title)

Any delivered or stored merchandise remains the lawful property of Fasnacht Dynamics AG until the full purchase price has been paid. Fasnacht Dynamics AG shall be authorized by the buyer from the point in time of conclusion of contract  to make the entry into the retention of title register pursuant Art. 715 of the Swiss Civil Code. As long as the retention of title endures, the buyer may not dispose of the goods, in particular neither sell nor rent nor lease them.

 

11. Inspection

The buyer has to inspect the delivered product within maximum ten days and notify Fasnacht Dynamics AG in writing of any complaints amending the delivery note. If this procedure is not adhered to, the product considered to have been accepted.

 

12. Limited Warranty

Scope
Fasnacht Dynamics AG shall provide this free warranty in the event that defects are found with a Fasnacht Dynamics AG product (with the exception of special agreements), which have arisen through the product’s proper use on the grounds of material, design or workmanship faults. If systems, spare parts or services are found to be defective within the specified warranty period, Fasnacht Dynamics AG shall undertake to repair these free of charge at its premises (send-in). A product can be repaired or replaced at Fasnacht Dynamics AG’s discretion.

Exceptions
The warranty and liability shall not apply to damage caused by wear, improper maintenance, disregard of the user manual or improper operation, excessive loads or any other grounds that cannot be attributed to us. The buyer shall be responsible for the selection, proper use and correct operation of the product and its accessories.

Warranty periods
The product can consist of several individual components for which different warranty periods apply. The warranty period shall commence on the delivery date (document date).
a)  2 years on Fasnacht Dynamics AG products
b)  5 years on electronics manufactured by Fasnacht Dynamics AG for the printing industry

Claims
A warranty claim shall be asserted if the defective product is handed over or delivered (send-in) to Fasnacht Dynamics AG during the warranty period. The transport risk for deliveries or transfers shall be borne by the buyer and Fasnacht Dynamics AG shall not reimburse any transport, transit or labor costs. Fasnacht Dynamics AG shall bear the shipping costs for returning the repaired or replaced product to the buyer.

 

13. Disclaimer

The buyer shall not be entitled to claim for damages that have not occurred to the delivery item itself. This shall in particular include production downtime, loss of use, loss of contracts, loss of profits or other direct or indirect damages.

 

14. Responsibility of Buyer

To ensure smooth installation-, warranty or service work (carried out by Fasnacht Dynamics AG or any third parties), the buyer will take care that the equipment is off production and that the necessary personnel and infrastructure are available.

 

15. Other General Conditions

Any other conditions, e.g. those of the buyer, apply only in as much Fasnacht Dynamics AG has agreed to them in writing.

 

16. Place of Performance, Applicable Law and Place of Jurisdiction

Place of performance is the premises (domicile) of Fasnacht Dynamics AG. The contractual relationship is governed by Swiss law. Any differences will be settled, whenever possible, by amicable agreement. Should an amicable solution not be reached ordinary courts of law shall arbitrate. The place of jurisdiction is Berne/Switzerland.

 

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Fasnacht Dynamics AG Bollstrasse 61A CH-3076 Worb Tel. +41 44 382 10 10