General terms and conditions General terms and conditions of purchase
General terms and conditions
The following conditions apply to all sales and deliveries unless otherwise agreed in writing. The customer’s terms and conditions apply only to the extent approved by us in writing.
1. Offers and quotations
Open-ended offers and quotations are without obligation and subject to confirmation.
2. Delivery dates
Delivery times are only approximate unless described explicitly as binding in writing.
3. Partial deliveries
We are entitled to partial deliveries. Each partial delivery may be separately billed. In the case of call-off orders, the call must be made at least two weeks before the desired delivery date.
4. Impediments to supply
Force majeure, stoppages, strikes or other circumstances beyond our control affecting us or our suppliers exempt us from the obligation to supply for the duration of the disturbance and to the extent of its impact.
5. Prices
Our prices are in Swiss Francs, ex warehouse g+m elektronik ag Oberbüren, plus value added tax, shipping and packaging.
6. Shipping, postage and packaging
Shipping is at our discretion. Additional costs for express consignments are borne by the customer in all cases. The risk passes to the customer as soon as we transfer the goods to the carrier.
7. Returns
We can only accept returns that are undamaged, in their original packaging and supplied with a delivery note or invoice copy.
g+m elektronik reserves the right to make deductions in the following cases:
– Stock items returned within 30 days of receipt will be credited in full
– A deduction of at least 15% will be applied in the case of stock items returned more than 30 days after receipt
– Special and customised products are not returnable
– Goods that were already assembled and connected are not returnable
– Defective products are not returnable
8. Payment terms
Our invoices are payable in accordance with the payment terms stated on the invoice. Payments are only deemed to have been made when they have been credited to our bank.
Bank charges and bill expenses are borne by the customer.
In case of late payment, we may charge interest on arrears at the credit interest rate applied by our bank at the time of the debt. If the customer stops payments or insolvency or bankruptcy proceedings are instituted against the customer’s assets, we are entitled to demand advance payment or other collateral security.
he customer may only offset our claims against undisputed or legally binding counter-claims. Specifically, the customer is not entitled to reduce or withhold payment of due invoice amounts in the case of complaints.
9. Handling of defects
We must be notified in writing of defects in the goods supplied and quantity discrepancies or incorrect deliveries within 8 days after receipt of goods or, in the case of hidden defects, immediately after discovery. All rights to claims for defects expire if this time limit is exceeded or if the goods were handled or processed improperly. The right of complaint expires in any case 6 months after receipt of the goods. In the case of justified complaints, we will deliver shortages or at our discretion take back or exchange the goods, or grant the customer a reasonable discount.
If a replacement delivery is also defective, the customer can return the goods or claim a discount where appropriate.
10. Damage claims
Claims for damages against us only arise if the damage was caused by us intentionally or due to gross negligence. Our liability is limited to the predictable damage as a result of such error.
Further claims for damages are expressly excluded.
11. Place of fulfilment
The place of fulfilment for deliveries and payments is 9245 Oberbüren (CH).
12. Price and model changes
Price and model changes are possible at any time and can therefore not be excluded. Technical changes can be introduced without prior notice.
13. Privacy Policy
14. Place of jurisdiction
The place of jurisdiction is 9245 Oberbüren. Swiss law applies.
Download as a PDF: Conditions and terms of sale and deliver
General terms and conditions of purchase
1. Scope
The general terms and conditions of purchase apply to all business relations with the Suppliers in the event of an order placed by g+m elektronik ag. Amendments to the purchasing conditions are subject to written approval by us.
2. Offers
The Supplier is to make offers that have binding force apart from cases in which a written agreement to the contrary was entered into. Without stating a period, the offer shall be valid for 30 days. The Supplier acknowledges its obligation to notify us of variations regarding the specifications of any offered goods.
3. Orders
A valid order may be placed in writing or verbally. If entering into a contract is subject to confirmation of order, this shall only apply if the order confirmation does not contain any variations compared to the order.
4. Price
In the absence of agreements to the contrary, the prices stated for the offers or those stated in the order confirmation are fixed prices. In the case of an order placed without a price or a guide price, we reserve the right to subsequently enter into negotiations with the Supplier or withdraw from the order.
5. Invoice and payment
An invoice is to be written out separately for each order. The invoice is to be forwarded without delay once the goods have been shipped. Invoices must state whether or not a partial or residual delivery was performed. Value added tax is to be stated separately. The payment period shall commence following receipt of the invoice or following receipt of the goods. In the absence of agreements to the contrary, payment is to be made within 30 days after the buyer takes possession.
6. Packaging and shipping
Without shipping instructions to the contrary, the deliveries are to be forwarded carriage free to the place of destination. The Supplier shall be wholly responsible for appropriate packaging. The packaging must be designed such that the goods are not damaged. If costs arise as a result of a faulty delivery (transport, special freight, work, disposal or material costs), such costs are to be borne by the Supplier.
7. Delivery dates and consequences of default
The jointly agreed delivery date is to be adhered to. Partial deliveries and early deliveries are only permitted following consultation. We are to be notified of unforeseeable delays immediately. In the event that the delivery date is not met, we reserve the right to wholly or partially withdraw from the contract and assert additional, statutory claims.
8. Secrecy
The Supplier is to treat the business relationship, in particular orders and appertaining work or deliveries, in confidence. The Supplier undertakes to treat as business secrets commercial or technical details that are not obvious and which the Supplier becomes aware of as a result of the business relationship.
Diagrams and drawings etc. that we make available to the Supplier with which to draw up an offer or for realising the order of a delivery item may not be used for any other purposes or be made available to third parties. On request, all documents are to be returned to us without delay. If a contract is not brought about during the offer phase, the Supplier is to send the documents back to us without request.
9. Realisation
Orders containing diagrams and drawings are to be manufactured precisely according to our requirements and standards. If the Supplier has doubts about our specifications, we are to be informed without delay prior to executing the order.
The Supplier undertakes to treat the goods surrendered to the Supplier with care, insure them against damage and not make them available to third parties.
The Supplier shall be liable for damage in the case of inappropriate handling, storage of loss of the goods.
10. Standards, quality standard
Orders are placed on condition that in terms of safety and engineering standards, the goods to be delivered comply with standards and the quality standard, and where applicable are CE-compliant and are labelled accordingly. The Supplier undertakes, on request, to present the documents required to assess conformity. If this regulation is not complied with, the order shall be deemed not properly executed. The right is reserved to assert claims for damages in the case of consequences arising from the failure to comply with this regulation.
11. REACH, CLP, RoHS, Conflict Minerals
(1) The Supplier shall ensure on its own responsibility that the goods comply with the provisions of Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (“REACH”) as currently amended. In particular, the substances contained in the goods shall be pre-registered or registered, respectively, as required under REACH. The Supplier shall provide us with safety data sheets and further information in accordance with REACH without solicitation. In particular restrictions and/or prohibitions of substances respectively applications and possible concentrations of substances of the candidate list (SVHC) shall be notified to g+m elektronik ag. The information shall be sent to adm@gm-elektronik.swiss .
(2) Chemical substances shall be classified, labelled and packed according to Regulation (EG) No. 1272/2008 (“CLP-regulation”).
(3) Moreover, the Supplier shall ensure on its own responsibility that the goods it is to supply or any part thereof fully comply with the requirements of the RoHS Directive 2011/65/EU (“RoHS”) as currently amended, and the national legislation implementing this Directive within the European Union, and are suitable for RoHS-compliant manufacturing processes.
(4) Supplier confirms that he is not supplying materials or products that contain Tin, Tantalum, Gold or Tungsten (Conflict Minerals) that are sourced of the Democratic Republic of Congo (DRC) in mines of conflict.
12. Controls, liability, guarantee
The Supplier guarantees that the supplied item shall honour the stated warranted characteristics, services and specifications. The Supplier undertakes, in particular, to comply with the relevant standards and laws. In addition, the Supplier guarantees that the supplied item shall not contain any detrimental defects, and in the absence of agreements to the contrary that the right to make a claim under a guarantee lasts for 24 months.
We shall inspect the supplied goods and where applicable provide notification of defects as quickly as possible following receipt without, however, being bound by a certain period. The Supplier expressly waives, in particular, objecting to delayed notification of defects.
The Supplier undertakes in the event of defects as a result of poor-quality materials, unprofessional finishing or faulty manufacture to provide free replacement without delay and to assume follow-up costs.
13. Product liability and recall
If the Supplier’s item is affected by a product liability case, the Supplier shall be liable for all damage including physical injury and the loss of life. The Supplier accepts the burden of proof and in such cases all costs and expenses, including the potential cost of legal defence or a re-call campaign. In such cases, all statutory provisions apply in particular.
14. Force majeure
Neither we nor the Supplier shall be liable to the other party for the failure to honour the contractual obligations as a result of events of force majeure. The Supplier undertakes, once the order has been placed, to inform us of unforeseeable and unavoidable events immediately after they occur. If the Supplier fails to honour this obligation, the Supplier may not cite force majeure. In such a case, we shall be entitled to request that the Supplier provide authenticated confirmation of the circumstances.
15. Applicable law and place of jurisdiction
The contractual relationship with the Supplier set out in these General terms and conditions of purchase is subject to Swiss law. Our principal place of business is deemed the place of performance and place of jurisdiction.
Download as a PDF: General terms and conditions of purchase