These General Terms and Conditions ("Terms") apply to the delivery of Products by FORTATECH ("Deliveries").
The contract is concluded at the time the orderer receives the confirmation that FORTATECH accepts the order ("order confirmation").
The deliveries are listed exhaustively in the order confirmation.
General terms and conditions of the customer are only valid if they have been accepted by FORTATECH in writing.
All agreements and legally valid declarations of the parties must be in writing in order to be valid.
The presentation of the products in the online shop is not a legally binding application, but a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. Fortatech AG reserves the right to limit the delivery quantities for certain products and not to carry out the delivery.
After submitting the order via online shop, the customer automatically receives an acknowledgment of receipt, which documents that the order has been received by Fortatech AG.
2. Prices and terms of payment
The prices and terms of payment are set out in the order confirmation. The payment period is to be observed even if the fulfillment of the contract is delayed or even insignificant parts of the deliveries are missing.
The minimum order amount outside the online shop is CHF / € 80.00.
Postal billing is chargeable and regulated per order.
The place of performance for the payments is the domicile of FORTATECH. The orderer is not entitled to withhold payments or to offset against counterclaims.
After expiry of the term of payment, the purchaser is in default without a reminder and owes default interest at 8% p. a.
3. Delivery time
The deadline for deliveries ("delivery period") begins as soon as the contract has been concluded and from the point of view of FORTATECH all conditions for the provision of the possible services have been met. The delivery deadline is deemed to have been met, provided that the notification of readiness for dispatch of the deliveries by FORTATECH has been sent to the customer or, in the case of any services, the deliveries are ready for operation as intended.
The delivery period shall be extended appropriately in the event that obstacles arise which FORTATECH can not avert despite the application of due diligence or any other circumstances which FORTATECH is not responsible for.
If the delivery period is not adhered to, the purchaser may assert a compensation for delay insofar as the delay has been demonstrably caused by FORTATECH and the purchaser has suffered damage as a result. The compensation for default is 0.2% of the contract price of the delayed part of the delivery for each full week of delay and is limited to a total of 5% of the contract price of this part. After reaching the maximum of the compensation for default, the customer has to set FORTATECH a reasonable period of grace in writing.
The claims of the purchaser arising from or in connection with delays in the performance of the contract are expressly and conclusively regulated in this clause 3. This limitation of liability does not apply in the case of gross negligence or unlawful intent.
4. Passage of risk
The transfer of risk takes place with delivery EXW (INCOTERMS 2010) or with termination of the possible services. If the shipment is delayed or becomes impossible without our fault, the risk passes to the buyer upon notification of readiness for shipment. An agreed assumption of transport costs by Fortatech AG has no influence on the transfer of risk.
The purchaser must check the deliveries upon receipt and notify FORTATECH in writing of any defects within 7 days of receipt of the deliveries. If the customer fails to report defects in accordance with this clause 5.1., The deliveries are deemed to have been approved.
If the deliveries prove to be defective, the purchaser has the sole right to demand the rectification of the defects, insofar as these are to be represented by FORTATECH, within a reasonable period.
If there are no defects in the deliveries or only defects that are not material, the acceptance of the deliveries upon completion of the inspection is deemed to have taken place.
The claims of the customer from or in connection with defects in the deliveries are expressly and conclusively regulated in this clause 5. This limitation of liability does not apply in the case of gross negligence or unlawful intent.
FORTATECH assumes a warranty for defects in deliveries, provided that the defects occur before the end of the warranty period.
FORTATECH is not liable for the condition of the deliveries contrary to the contract, which the customer himself has caused.
If the deliveries prove to be defective before the expiry of the warranty period, the purchaser has the sole right to demand the rectification of the defects, insofar as these are the responsibility of FORTATECH, within a reasonable period.
The obligation of FORTATECH to remedy defects presupposes that the purchaser notifies the defects in writing immediately after their discovery during the warranty period.
FORTATECH only bears the costs of reworking it incurs in its own work. All other costs are borne by the purchaser.
The warranty period is 12 months. It begins with the shipment of deliveries ex works from FORTATECH.
The warranty claims of the customer are expressly and conclusively regulated in this clause 6. This limitation of liability does not apply in the case of gross negligence or unlawful intent.
7. Retention of title
The deliveries remain the property of FORTATECH until the customer has fulfilled his obligation to pay and FORTATECH has received all payments according to the contract in full.
8. Limitation of Liability
All claims of the purchaser for compensation for damages that did not occur to the deliveries themselves, such as: Loss of use, loss of orders, loss of profit, third-party claims or compensation for indirect and consequential damages, regardless of the legal grounds for which such damages are asserted, are waived. The liability of FORTATECH arising out of or in connection with the contract or its improper fulfillment is limited to a total of 50% (including the owed delay compensation) of the agreed price for the executed deliveries.
The claims of the purchaser arising from or in connection with the contract or its inappropriate fulfillment are expressly and conclusively regulated in these terms and conditions. Other and further claims are excluded. These limitations of liability do not apply in the case of gross negligence or unlawful intent.
9. Withdrawal of parts of the deliveries
Subject to a prior written agreement, FORTATECH is prepared to withdraw parts of the supplies under certain conditions.
10. Final provisions
Changes to the contract must be made in writing in order to be effective.
If any provision of these Terms and Conditions proves to be wholly or partially ineffective, the parties will replace this provision by a new agreement as close as possible to their economic purpose.
11. Jurisdiction and applicable law
Jurisdiction is St. Gallen, Switzerland. However, FORTATECH is also entitled to sue the customer at its registered office.
The contract is subject to substantive Swiss law. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is groundbreaking.