Terms and Conditions of Delivery and Payment
All orders are accepted on the basis of the following terms and conditions of delivery and payment. By placing an order the purchaser is considered to have accepted these terms and conditions. Any mutual oral agreements must always be confirmed in writing.
Our deliveries are made either by using the company's own lorry (local region) or by transportation by outside contractors. Terms as stated in the offer. A charge of CHF 0.09/kg will be added to all invoices as a contribution towards the distance-related HVF, and towards fuel and auxiliary materials. Extra costs for requested VIP shipments, express surcharges etc. are always charged to the client; similarly for deliveries by post or courier service. Dangerous goods are delivered in strict compliance with the applicable transport legislation. Any extra expenses that are incurred as a result of this will be charged at cost. All goods are shipped at the risk of the purchaser; also in the case of carriage-free delivery. Transport damages (such as deficiencies, breakage etc.) are to be reported by the recipient to the respective shipping company and noted at the time of accepting the goods.
All our prices are without the statutory VOC steering tax. The VOC content is generally listed separately for each delivery item; the charge is levied for the total amount.
Our invoices are payable net without deductions within 30 days from the date of issue. Any unauthorized deductions shall be reclaimed. All the goods supplied by us remain the property of ECLATIN AG until all claims arising from our business relationship, including those arising subsequently, have been settled. For pending invoices the retention of title serves as security for our respective claim to payment of the balance. This also applies if payments for certain claims have already been made. The buyer is obliged to cooperate in measures that are required for the protection of our property. In particular, the buyer author- ises us to have the retention of title registered or recorded in public registers etc. at his cost, and he is obliged to perform the corresponding formalities.
We assume liability for the appropriate composition of the supplied goods and their suitability for the purpose expressly assured (in writing). Any further warranty is excluded, in particular that for the work carried out with the supplied material, because we do not have any influence on the proper, professional application. The same holds for use of the goods on a treated or untreated surface that is merely similar or related to the substrate named in the assurance.
Defects that are immediately apparent (properties, quantity, colour) may only be claimed before using or mixing the product and no later than 8 days after receipt. Notification of defects does not release one from compliance with the above conditions. Reported defects are settled either by replacing the rejected goods or by having the goods returned and crediting the amount. Any further claims of the buyer are expressly excluded.
All events and facts that lie outside our influence and our control are considered to be force majeure and release us from any liability under the warranty and delivery obligations.
The place of performance and jurisdiction for the rights and obligations of both parties is Solothurn.