The general terms and conditions of BLN Qualitex AG apply
Terms and Conditions (GTC”)
BLN Qualitex AG („BLN“), CHE-102.731.210
Eggasse 4, CH-4852 Rothrist
All services of BLN take place exclusively on the basis of these terms and conditions. The entire agreement between BLN and the customer consists of the customer’s order, any order confirmation from BLN and these GTC. General terms and conditions of the customer have no validity, unless BLN has expressly agreed to this in writing.
We will perform the services as soon as possible. Agreed delivery times or deadlines are not fixed dates. For the adherence to the delivery deadlines BLN relies on raw material from suppliers and manufacturing processes, which can lead to shifts in the delivery dates, without BLN being in default. Partial deliveries are permitted and will be charged accordingly. The minimum order value is 150.00 CHF. From a value of 300.00 CHF, delivery is free domicile.
Prices quoted are net without any deductions, excl. VAT, excl. Transport, packaging, customs duties and transport insurance ex works BLN (EXW: Incoterms 2010).
Prices are subject to order completion. Only the current prices apply at the moment of the order by the customer, provided they are acknowledged in the order confirmation. Reserved are unforeseen price changes on the part of a supplier of BLN, which directly affect the customer’s order. BLN reserves the right to charge for preliminary studies, cost estimates, samples, prototypes, etc., provided that no such order is received within 3 months of submission of the proposals.
All invoices from BLN are due and payable within the individually agreed payment term. If such an agreement is missing, invoices are payable within 30 days of the invoice date. BLN does not accept payments in WIR. Advance payments as well as a delivery by cash on delivery can be requested. In the event of late payment, BLN is entitled to charge a default interest of 6% as of the due date of the claim, as well as additional costs for activities, with a minimum of CHF 50.00. For orders with a total value of over CHF 2’500.00, a prepayment of 40% may be required. Invoices are payable to the account specified by BLN.
The customer must inspect the delivered goods or services within 8 days of receipt to the agreed conformity and quality and to report defects in writing without delay. If no complaint is made, the delivery is considered accepted.
BLN assumes no liability for damage resulting from improper handling and cleaning, incorrect installation, exceeding the permissible load limits. Customary or minor, technically unavoidable deviations in the material condition, color, width, quantity, equipment, packaging or design give the customer no warranty rights. In the case of fabrication orders (custom-made products), 20% of elastic articles and 10% of additional articles are within the tolerance limit for other articles. The appearance of colors may vary depending on the screen settings and gives the customer no warranty rights.
Insofar as legally permissible, the damage resulting from defective deliveries is limited to the value of the delivered goods according to the billing document. BLN can offer a replacement delivery of its own choice. Liability for indirect or consequential damages is, to the extent permitted by law, waived.
Until full payment, BLN remains the owner of all goods already delivered. The customer expressly allows BLN to enter the retention of title in the corresponding register. The customer undertakes to inform BLN immediately upon a change of domicile.
7.1. Written form: Agreements between the parties, changes and additions to the agreement are only valid if made in writing and signed legally. The same applies to the removal of this formal requirement.
7.2. Partial nullity: Should individual provisions or parts thereof be or become void, invalid or ineffective, this will not affect the remaining valid and effective part. In such event, the parties will adjust the agreement so that the void, invalid or ineffective part is replaced by one or more provisions in order to achieve the actual purpose of the contract.
7.3. Force majeure: Neither party is required by the business relationship to provide its services in the event of force majeure. A case of force majeure occurs when a party is unable or only partly able to fulfill its obligations under this contract because of extraordinary incidents that are beyond its control. The party concerned shall inform the other party as soon as possible of the occurrence of a case of force majeure. The customer’s obligation to pay shall not be suspended by a case of force majeure, but at the most deferred.
7.4. Governing Law and Jurisdiction: The agreement between BLN and the customer is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG of 11 April 1980). The exclusive place of jurisdiction is at the registered office of BLN, whereby BLN can also prosecute the customer at its seat.
Rothrist, 16. April 2018
(GTC Version 180416)