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1. Validity of the conditions - written form 

  1. 1.1  For the legal relationship between Geröll - Yves Jäggi (hereinafter referred to as “seller”) and the buyer, these conditions and any other written agreements apply exclusively. Terms and conditions contradicting or deviating from these terms and conditions of sale and delivery only apply with the written consent of the seller. This also applies if conflicting terms and conditions are not expressly contradicted or deliveries are made without contradiction. 

  2. 1.2  Changes and additions to a contract or these terms and conditions must be made in writing, as must any declarations made by the buyer after the contract has been concluded. Ancillary agreements are only effective if confirmed in writing by the seller, which also applies to agreements relating to the use of materials or wheel properties. 

  3. 1.3  Should individual provisions of these sales and delivery conditions be wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected. 

2. Conclusion of contract - scope of delivery 

  1. 2.1  Offers and sales documents from the seller are non-binding. Contracts are only considered to have been concluded with the seller's written order confirmation. Production documents, illustrations, drawings, as well as samples or specimens, weight and other technical information are only approximate unless they are expressly designated in writing as binding. They do not establish any guaranteed properties. 

  2. 2.2  Deliveries and services by the seller arise solely from the seller's written order confirmation or other written agreements. 

  3. 2.3  Changes to the construction, the design of the material goods and the manufacture are permitted as long as they do not change the price or the essential functional features or the delivery time. 

3. Price - terms of payment 

  1. 3.1  Prices are calculated in Swiss francs and are to be paid accordingly within the specified payment period (usually within 10 working days). 

  2. 3.2  Freight costs to be borne by the buyer will be charged separately. The seller can claim prepayment. Additional freight, freight costs of a shipping method requested by the buyer and costs of packaging that goes beyond the usual type are to be borne by the buyer. 

  3. 3.3  Changes to materials, running properties or other information after the conclusion of the contract require written consent and a corresponding price change due to rubble. 

  4. 3.4  Unless otherwise agreed, invoices are due and payable 

strictly net within 10 days of the invoice date. 

  1. 3.5  Upon expiry of the payment deadlines specified in Section 3.4, default occurs and the seller is 

is entitled, irrespective of other claims, in particular for further damage caused by default, to charge default interest at the rate of 4%. 

  1. 3.6  The acceptance of installment payments requires a separate agreement:
    However, the buyer always bears all costs and expenses of the agreement. If the agreed payment is not met, the seller is entitled to revoke the installment plan and to demand cash payment on the dates specified in Section 3.4. 

  2. 3.7  If there is a significant deterioration in the buyer's circumstances, if unfavorable information is received or if there is arrears in payment, the seller is to demand prepayment for outstanding deliveries or immediate payment of open invoices without prejudice to the rights of the seller in accordance with section 5.3. 

  3. 3.8  In the case of section 3.7 above and in the event of default in payment, the seller is not obliged to carry out further deliveries. 

4. Delivery 

  1. 4.1  The seller's delivery conditions result from section 3.1. The Inconterms apply in accordance with Section 6.1. 

  2. 4.2  The delivery periods begin on the date of the order confirmation, but not before all technical details have been fully clarified. Submission of necessary permits, completion of cooperation actions to be undertaken by the buyer or receipt of any agreed down payment or payment security. Compliance with the delivery period is subject to the fulfillment of all obligations of the buyer. The delivery period is when the goods are posted 

Dispatch or notification of readiness for handover complied with. The collection of the goods made available from our shop also counts as the buyer's obligation to cooperate. 

  1. 4.3  Partial deliveries and early deliveries are permitted. Each partial delivery represents a separate delivery within the meaning of these provisions. Failure to call for partial deliveries on time eliminates the seller's performance obligation without the buyer being entitled to any claims. The same applies if the buyer fails to cooperate in any other way. 

  2. 4.4  The delivery period is extended in the event of unforeseen, extraordinary events for which we are not responsible, in particular in the case of strikes, lockouts, operational disruptions, even if such events occur during an already existing delay. The parties are entitled to withdraw from the contract in the event of such a delay in delivery of more than 10 weeks after the expiry of the delivery period. Any further claims by the buyer do not exist. 

  3. 4.5  If the delivery is delayed for reasons that are in the buyer's control, the seller is entitled, subject to the assertion of higher damage or higher storage costs. To charge storage costs of 1% of the invoice amount for each month or part thereof. Without prejudice to the liability of the buyer for the damage incurred, the seller can otherwise dispose of the delivery item after an unsuccessful expiry of a reasonable acceptance period and supply the buyer with a correspondingly extended period or withdraw from the contract. 

  4. 4.6  In the event of a delay in delivery, the buyer is obliged to grant the seller a grace period of 3 weeks or, in individual cases, particularly in the case of self-deliveries from abroad, a reasonably longer period. After unsuccessful expiry, if the buyer has suffered damage as a result of the delay, he is entitled to lump-sum compensation for the damage caused by the delay, excluding further claims, compensation in the amount of 5% of the delivery value of the part of the total delivery affected by the delay, but a maximum of 7% of the 

to assert the affected delivery value. The right of the buyer to withdraw from the contract after the unsuccessful expiry of a period of grace remains unaffected. If the seller is responsible for the impossibility of delivery despite the setting of a grace period in accordance with Clause 4.6 and the threat of rejection, the buyer is entitled to the statutory rights provided that he is entitled to withdraw from the contract. 

4.7 Any liability for damages on the part of the seller is limited to the invoice value of the relevant non-executed delivery, unless he or his vicarious agents are guilty of willful intent or gross negligence. 

5. Retention of Title 

5.1 The delivered goods remain the property of the seller until all claims to which he is entitled against the buyer from the business relationship have been met. In the event of a connection with third-party items or processing, the seller acquires co-ownership to the fraction of the ratio of the value of the goods delivered to that of the other items used by the buyer 

at the time of connection. Pledging, collateralisation or other dispositions affecting the retention of title are not permitted. Intervention costs are borne by the buyer. 

5.2 If the buyer is a reseller, he is revocably permitted to resell in the normal course of business, whereby the buyer has to agree a retention of title with his customers in accordance with these conditions. The buyer hereby assigns and pledges his claims from the resale of the goods up to the amount of the invoice claim as well as the rights from the retention of title agreed by him to the seller. On request, he is obliged to notify the purchaser of the assignment / pledge, to provide the seller with the information necessary to assert his rights against the purchaser and to hand over or allow the documents to be viewed. 

5.3 In the event of default in payment, the seller is entitled to exercise his property rights as well as the rights assigned to him, revoke the authorization and in particular to remove the goods, and the buyer is obliged to surrender them. The buyer expressly waives his right of ownership. Default in payment is equivalent to suspension of payments, initiation of or measures in preparation for insolvency proceedings, initiation of liquidation proceedings, breach of the obligation according to Section 5.1 or enforcement against the purchaser's assets. The same applies in the case of section 3.7. 

5.4 If the value of the securities provided by the seller exceeds his claims by more than 20% in total, the seller will, at the buyer's request, release securities to the appropriate extent at his discretion. 

5.5 The buyer / his legal representative will deliver a possible opening decision of the competent office to the seller within 3 days of its issuance. 

6. Transfer of risk 

6.1 The risk is transferred to the buyer even if delivery free border has been agreed: 

a) if the goods to be delivered are dispatched or picked up; b) if the shipment is not for reasons that are the responsibility of the buyer or 

delayed, with the date of notification of readiness for dispatch or expiry of the original delivery period. 

6.2 Transport insurance is only provided by order and at the expense of the buyer. 

7. Warranty - liability 

7.1 It is carried out in accordance with statutory provisions. Unless otherwise agreed, the warranty period is based on statutory provisions. 

7.2 The seller's warranty obligation presupposes that the buyer notifies recognizable defects in writing within 8 days of receipt of the goods at the latest and that the goods are still in the buyer's possession. Further processing or shipping ends the seller's warranty obligation, as does improper handling of the goods. Defects occurring later must be reported in writing within the same period, calculated from their discovery. 

7.3 In the event of a justified, proper notification of defects, the seller provides a guarantee by repairing the defect or delivering a replacement part. If the defect is not remedied by repair or replacement delivery within a reasonable period of time, if it is refused, delayed for reasons for which the seller is responsible, or if repair or replacement delivery fails, the buyer has the right to either cancel the contract (change) or demand a reduction in the purchase price . 

7.4 The seller's liability is limited to the purchase price of the goods that caused the damage or that are the subject of the claim, regardless of the legal basis. 

7.5 The seller is not liable for consequential damage caused by defects, lost profit, lack of savings, damage from claims by third parties and other reportable or consequential damage. Likewise, the seller's liability for claims arising from positive breach of contract, breach of pre-contractual obligations or tortious acts is excluded. The above limitations and exclusions of liability do not apply to damage caused intentionally or through gross negligence by the seller or his vicarious agents. Liability for guaranteed properties also remains unaffected. 

8. Jurisdiction Applicable Law - Transferability 

8.1 The buyer's rights and claims against the supplier are only transferable with the buyer's prior consent. 

8.2 The law of the company's location in Switzerland applies exclusively to the legal relationship between seller and buyer. 

8.3 The place of jurisdiction for all disputes arising from the business relationship is Lengnau (BE) in Switzerland.  

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