1.1 A contract is considered to be concluded with a written quotation, an order confirmation or when the goods are despatched and invoiced by SECOMP International. By accepting the delivery, the customer agrees to the conditions of SECOMP International. Divergent conditions have to be stipulated in writing.
1.2 Orders shall only become binding upon SECOMP International after it has issued a written confirmation of order.
1.3 SECOMP International - reserves the right to amend typing errors/mistakes to price lists and technical data at any time.
Prices shall be deemed net plus V.A.T., transportation and packaging charges, provided that alternative conditions have not already been agreed. SECOMP International however hereby reserves the right to make price adjustments to cover definite increases in costs for example Goods and Material.
3. Delivery period
The delivery period shall be the date in the contract of sale and will be extended should difficulties arise that may have been caused by an act of god such as war, epidemics and among other things storm and tempest.
All deliveries shall be effected for the account and the risk of the customer. Any complaints concerning damage, loss or delay are to be reported to SECOMP International within 8 days of the receipt of the consignment. But complaints concerning any faulty packaging shall be rendered on the same day as the receipt of the consignment.
5. Works deliveries
Should the consignment and invoicing be directly affected by the suppliers of SECOMP International, the conditions of sale and supply of that particular supplier shall be valid for customers in respect of that particular contract. In such cases, these present conditions of sale and supply shall have no validity and damage indemnity claims or claims of any other nature cannot be made enforceable against SECOMP International hereunder.
6. Return of goods and materials
The return of goods and materials shall require the written permission of SECOMP International and may only be effected if the goods and materials are in re-sellable condition and still in their original packaging, and only then if such are usually maintained in stock by SECOMP International. A copy of the delivery note or the invoice must be enclosed. Returns without either a copy of the delivery note or the invoice will not be accepted. An appropriate surcharge will be applied by SECOMP International on the purchaser to defray the cost of any inconvenience caused.
Invoices are to be settled within 30 days net without any deductions. Purchasers will be charged the usual bank overdraft rate of interest in respect of overdue payments.
8. Retention of ownership rights
All goods and materials supplied shall remain the property of SECOMP International until full payment of the debited invoice amount has been received.
SECOMP International will grant a warranty for products for a period of 24 months for the ROLINE brand and 12 months for all others products from the date of delivery in respect of any evidenced faulty workmanship and materials. Should a delivered consignment prove to be contrary to contract upon inspection, the customer shall grant SECOMP International the opportunity hereunder of removing the fault or else the customer may demand replacement. Should the supply or delivery of any improvement or replacement not prove possible, the customer may choose between having the purchase price reduced or in demanding the contract of sale to be rescinded (conversion).
Damage resulting from natural wear and tear, an act of God or non compliance with the operating instructions shall be excluded from the warranty as well as mechanical interference by the customer or by third parties with products of SECOMP International without its written permission. No liability will be accepted for defects, damage or injury caused due to installation not carried out in accordance with the manufacturer’s installation instructions.
Cancellation of orders shall only be possible hereunder with the written approval of SECOMP International. Any costs which have already been incurred or price increases as a result of reduction in amounts ordered shall be for the account of the purchaser. Partial supplies of an order contracted upon call shall be claimed within the agreed supply and delivery periods otherwise SECOMP International may cause the relative consignment and invoice billing therefore to be made.
11. Place of jurisdiction
The place of jurisdiction shall be Zürich. Legal relationship hereunder shall be subject to Swiss Law.