T&C: Terms and Conditions

T&C Sales
T&C Purchases

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T&C Sales

1. Order acceptance
   
Order acceptance International
Orders are only accepted after written confirmation with indication of price and delivery date. A quotation without expiry date is not valid.
Order acceptance Switzerland
Written or telephone orders are acceptable. Normally no order confirmation will be sent for standard catalogue products. Goods supplied to Switzerland will be shipped the same day subject to stock availability and receipt of order before 11 a.m. Express deliveries are subject to an additional charge of CHF 20.-.
2. Order cancellation
   Acknowledged orders of products already in production can not be cancelled. Exception: standard products supplied from stock. Goods returned within 8 days will be credited with max. 80% of their initial value otherwise a credit of max. 50% will be applicable. The products must not have been in operation and must be returned in their original packing. For goods older than 12 months no credit note will be issued.
   
3. Prices and payment terms
   Shipments are made ex works packed (EXW Bubikon, INCOTERMS 2010) exclusive VAT. Insurance for transportation risk is customers obligation. Invoices are payable net within 30 days from date of invoice, without deduction of any fees, taxes or other charges. In specific cases prepayment may be requested. For delayed payments interest will be charged. In addition we reserve the right to suspend future deliveries without prior notice should payment terms not be met.
   
4. Property of goods
   Until the full invoice amount has been paid all supplied goods will remain property of Trafag AG.
   
5. Delivery
   Customers may not cancel their order or demand compensation in the event of an overdue delivery date.
   
6. Warranty
   The warranty period is 12 months of service time or max.18 months from date of invoice. The warranty covers materials, workmanship and design defects but excludes incorrect installation and protection and usage and application outside the scope of our specifications. Claims are to be made within 8 days of the defect occurrence. Instruments are to be returned free to our factory in Bubikon, Switzerland. We reserve the right to repair or replace defective goods at our discretion.
   
7. Documents
   All drawings, dimensional drawings and pictures supplied prior to the final order may not be relevant for the finally specified execution. We reserve the right to make modifications. Weight indications are approximate values. Any documentation remains our property and may not be copied or handed over to any third party without our written approval.
   
8. Applicable law
   Swiss law is applicable. Court is Hinwil. Place of execution is Bubikon.

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T&C Purchases

1. Orders
   Orders including their alterations and supplements are either placed in writing or by phone.
   
2. Order confirmation
   The supplier must confirm the order/alteration/supplement within 5 days from date of order. A dated and signed copy of our purchase order is acceptable as order confirmation. If no order confirmation is received within 5 days, the order is automatically considered confirmed.
   
3. Delivery
   Agreed delivery dates are binding. Date of delivery is the date at which the goods are delivered to Trafag. If the delivery date stipulated is not met, the supplier failed to deliver. If repeated failures to deliver occur, the ordering party reserves the right to take legal actions in accordance to the OR. If it is foreseeable that the delivery dates cannot be met, the supplier has to contact the ordering party immediately. Thereby the rights of the ordering party are in no way affected.
   
4. Warranty/Acceptance/Rejection
   The warranty obligation of the supplier is determined by the legal regulations.
   
   Where no supplier agreement exists, Trafag accomplishes a reduced inspection of incoming goods. Faulty parts are rejected to be reworked or replaced. In urgent cases and in cooperation with the supplier, Trafag is entitled to eliminate the defects themselves or to entrust a third party with doing so or to otherwise get replacement at supplierís expense.
   
5. Price and Payment
   The purchase prices are without VAT.
   Included in the price, however, are:
   - packing
   - transport and customs clearance DDP Bubikon (Incoterms 2000)
   
   Conditions other than those stipulated herein are to be agreed upon with Trafag. The shipping agent is named by Trafag.
   
   Payments are made after contractual receipt of goods within 30 days net, unless otherwise agreed between ordering party and supplier.
   
   In the case a warranty obligation is applicable we are entitled to withhold the payment proportionately (according to the value) until the defect has been remedied.
   
   
6. Provision of Material / Production means
   Material supplied remains the property of Trafag. It must be properly stored and marked as our property. It must be insured sufficiently against fire, water and theft at the suppliers expense and may only be processed as directed.
   
   If an unusually high reject rate reduces the material supplied by Trafag considerably, Trafag has the right to invoice the supplier accordingly or deduct the appropriate amount from the supplierís invoice.
   
   Trafag is entitled to withdraw the material supplied at any time without giving any reason.
   
   Production means put at the disposal of the supplier have to be marked appropriately and properly stored. They are to be used solely for the manufacture of Trafag parts.
   
   
7. Miscellaneous
   Place of fulfilment for all deliveries and services is the companyís registered office at Bubikon.
   Applicable law is exclusively Swiss law. The applications of the international purchase right laws are excluded unless otherwise agreed.
   Place of jurisdiction for both parties is Hinwil ZH/Switzerland.
   

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