Terms and conditions

1. General

The following terms and conditions apply to all offers and deliveries of CREDIMEX. With their order, their terms of delivery and payment are deemed to be accepted. Deviations and special agreements must be made in writing. In particular, other general terms and conditions shall only apply if they have been accepted in writing by CREDIMEX. If a provision of these terms and conditions of delivery should prove to be ineffective in whole or in part, the contracting parties shall replace this provision by a new one which corresponds as far as possible to the ineffective one in its legal and economic success. The validity of the contract shall not be affected thereby.

2. Technical documents, know-how, confidentiality

All technical documents remain the property of CREDIMEX and may not be copied, reproduced or passed on to third parties without written consent. We reserve the right to make any necessary changes. Technical documents, brochures and catalogues are not binding. Anything to the contrary shall only apply in the event of an express assurance.

3.Extent of delivery

The order confirmation of CREDIMEX is authoritative for the extent of the delivery. Further services not included therein will be charged separately.

4. Prices

Unless otherwise agreed, the sales prices are net excluding VAT ex Alpnach, excluding additional costs such as packaging, transport costs, any other expenses and assembly. If special certificates, certificates of origin etc. are required, we reserve the right to charge accordingly. Transport costs and packaging will be invoiced separately. Packaging will not be taken back without special agreement. The prices are not binding for repeat orders.

5. Terms of payment Payment: 

Payment: within 30 days of the invoice date, strictly net without discount or other deductions. Other terms of payment must be agreed in writing. Payments cannot be reduced or retained due to complaints, claims or counterclaims of the customer not recognised by us. If the delivery of the goods ready for dispatch is delayed for reasons for which CREDIMEX is not responsible, invoices can still
be issued.

6. Retention of title

CREDIMEX shall retain ownership of the delivery until it has been paid for in full. By concluding the contract, the customer authorises CREDIMEX to enter the retention of title in the official register and to fulfil all formalities in this respect.

7. Engineering, assembly, commissioning, maintenance

The rates according to Swissmen valid at the time of the expense will be charged.

8. Shipping

The delivery shall be deemed to have been completed when the goods are handed over to the shipping station or the carrier. Transport is at the risk of the recipient, even if carriage paid delivery has been agreed. The transport companies are liable for damage during transport. Complaints are to be
reported to us immediately.

9. Frame orders

After expiry of the agreed delivery periods, CREDIMEX shall be entitled to deliver and invoice the goods. In the absence of special agreements, goods from frame orders are to be procured within one year of
the order.

10. Warranty conditions

Any warranty claims can only be made if the installation and operating instructions are followed. The warranty period for single-shift normal operation is 12 months from the date of delivery. The warranty period for repair and replacement units is 6 months.
If the shipment is delayed for reasons for which CREDIMEX is not responsible, the warranty period ends at the latest 18 months after notification of readiness for shipment. CREDIMEX shall fulfil the obligations in case of defects of the delivered goods at its own discretion as follows:

1. By repairing the defective goods
2. By replacing the defective goods in the originally agreed form and design

Chemical-technical products are exempt from this regulation. The relevant expiry dates on the packaging apply to these products. A replacement of the products is only possible if the products are beyond the expiry date at the time of receipt by the customer.

Any further liability – for whatever legal reason – in particular for direct and indirect damage as well as for expenses and installation costs, is waived.

CREDIMEX AG undertakes to repair or replace as quickly as possible and at its own discretion all parts that become verifiable defective or unusable during the specified period because of poor materials, faulty design or poor workmanship. The costs for outward or return transport shall be borne by the customer. CREDIMEX AG is entitled to the return of the replaced parts. The natural wear and tear of parts is excluded from the warranty. The same applies to damage resulting from insufficient maintenance. The same applies to damage due to insufficient maintenance, non-compliance with operating instructions, unsuitable operating materials, improper assembly and force majeure. The guarantee expires if the customer himself or a third party carries out modifications or repairs without our consent. Warranty claims must be made in writing by the purchaser within the warranty period. In any case, warranty services shall only be owed if the customer has fulfilled his contractual obligations, in particular
with regard to the agreed payment.

11. Complaints

Defects must be reported to us immediately in writing within a period of 14 days.

12. Delivery times

The agreed delivery date is based on the conditions at the time of the order. All claims for compensation for direct or indirect damage resulting from delayed delivery are expressly excluded. Furthermore, the right of the customer to withdraw from the contract without a reasonable period of grace if the delivery deadline is exceeded – even if a specific date has been agreed – is excluded.

13. Exchange

Exchange and return shipments are only accepted after prior agreement. All resulting costs shall be
borne by the customer.

14. Place of fulfilment

The place of performance for delivery and payment is our registered office at Untere Gründlistrasse 7, 6055 Alpnach. The legal relationship is subject to Swiss law.

15. Applicable law and place of jurisdiction

All contracts are subject to Swiss substantive law. The applicability of the United Nations Convention
on Contracts for the International Sale of Goods v. 11.4.1980 is excluded. The ordinary courts at the
registered office of the company, Sarnen, Canton Obwalden, shall have jurisdiction.

CREDIMEX AG, August 2021