1 General

1.1 These General Conditions of Sales and Delivery shall be binding if declared applicable in the offer or order confirmation. Any conditions stipulated by the customer which are in contradiction to these general conditions shall only be valid if expressly accepted by STAMFAG in writing.

1.2 All agreements and legally relevant declarations of the parties to the contract have to be in writing in order to be valid.

2 Offers and conclusion of contract

3 Scope of supplies and performances

3.1 The supplies are specified in the order confirmation. Any material and services which are not included therein shall be additionally charged.

3.2 STAMFAG shall be entitled to make any changes which lead to improvements.

4 Regulations in force in the country of destination

5 Prices

5.2 If a general price increase is decreed between confirmation of the order and delivery, the new prices shall apply.

6 Terms of Payment

6.1 Payments by customers shall be made within the period declared at the invoice, calculated to pay from invoice date.

6.2 Payments shall be made by the customer to the registered address of STAMFAG without any deducting for cash discount, expenses, taxes or duties of any kind. Other terms of payment may be agreed separately.

6.3 After course of the payment-period, delay happens without reminder. The delay-interest amount is at least 5 percent. Furthermore STAMFAG stops eventually planed orders.

7 Proprietary Right

7.1 STAMFAG shall retain ownership of the products supplied until full payment has been received. The customer shall take all necessary measures for the protection of the proprietary rights of STAMFAG.

7.2 STAMFAG is entitled, with customer’s participation, to apply for registration of the reservation of the proprietary right.

8 Delivery time

8.1 The delivery time shall start as soon as the contract has been entered into and all technical points have been settled.

8.2 The delivery time shall be reasonably extended:

• if the information required by STAMFAG for performance of the contract is not received in time, or if the customer subsequently changes it;
• if agreed terms of payment are not met, letters of credit are opened too late, or the necessary import licenses are not received by STAMFAG in time;
• if hindrances occur which STAMFAG cannot prevent despite using the required care, regardless whether they affect STAMFAG or the customer or a third party. Such hindrances include, but shall not be limited to, epidemics, mobilisation, war, revolution, serious breakdown in the works, accidents, labour conflicts, late or deficient delivery by subcontractors of raw material, semifinished or finished products, the need to scrap important work pieces, official actions or omissions by any state authorities or public bodies, natural catastrophes, acts of God.

9 Forwarding, Transport and insurance

9.1 The products will be packed by STAMFAG.

9.2 Special requirements regarding forwarding and insurance shall be communicated to STAMFAG in good time. Transport shall be at the customer’s expense and risk. Complaints in respect of transport shall be submitted immediately by the customer to the last carrier on receipt of the products or the shipping documents.

9.3 Insurance against risks of any kind is the responsibility of the customer. Even when taken out by STAMFAG, it shall be at the customer’s expense.

10 Inspection and taking-over of the supplies

The measurement and form-containing-ness of the punched products is to be tested intermittently after receipt, latest with start of production. If the customer omits these examinations, the deliveries and performances are regarded as approved automatically . STAMFAG takes over no liability with faulty-production through omitted examinations.

11 Warranty and Disclaimer

11.1 STAMFAG hereby warrants that the products delivered by him will be free from defects in material and workmanship.

11.2 Express warranties are only those expressly specified as such in the order confirmation or in the manual. An express warranty is valid until the expiry of the warranty period at the latest.

11.3 In case delivered products are defective, the customer may request for compensation delivery or elimination of defect by STAMFAG during the warranty period of two years beginning on the date of delivering the products or the day STAMFAG notification that the products are ready for dispatch.

11.4 If a defect according to Article 11.3 is not eliminated or compensated by STAMFAG within a reasonable period, the customer may ask for price reduction.

11.5 The warranty expires prematurely, if the customer or a third party undertakes inappropriate modifications or repairs or if the customer, in case of a defect, does not immediately take all appropriate steps to mitigate the damage and give STAMFAG the possibility of remedying such defect.

11.6 Excluded from STAMFAG warranty and liability for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design, poor workmanship or resulting from other reasons beyond STAMFAG control.

11.7 With respect to any defective material, design or workmanship as well as to any failure to fulfill express warranties, the customer shall not be entitled to any rights and claims other than those expressly stipulated in Articles 11.3 and 11.4 hereof.

11.8 Not mentioned claims for compensation, for reduction, for termination and for withdrawal of the contract are excluded. STAMFAG shall not be liable for any direct, indirect, consequential or incidential damages that are not arisen on the product, including damages for loss of business information, loss of profits, production interruption and the like, subject to the compelling product liability law.

12 Governing law

The present contract shall be governed in all respects by Swiss law.

13 Jurisdiction

The place of jurisdiction for any disputes shall be Einsiedeln, Canton Schwyz (Switzerland).