General Terms and Conditions of Business and Delivery of SCHWEIZER - NOVA AG

The following General Terms and Conditions of Business and Delivery apply to all offers and deliveries of SCHWEIZER - NOVA AG (hereinafter referred to as the Seller). Deviating conditions of the buyer which are not expressly recognized in writing by the seller are not binding, even if they have not been expressly contradicted.

1) CONCLUSION OF CONTRACT
The contract between the seller and the buyer is concluded when the order is placed, unless it is revoked in writing by the seller within five days. In the case of subsequent deliveries, the Buyer accepts these terms and conditions even if the contract is concluded verbally due to the urgency of the situation. We reserve the right to make changes and deviations from products shown in catalogs and brochures without affecting the agreed purchase contract. 

2) PRICE (purchase price)
The Seller's price list valid at the time the order is placed shall be authoritative. The Buyer must inquire about the latest price list himself. Value added tax shall be charged additionally. When a new price list is issued, the old price list shall be deemed to be canceled. For contracts concluded after this date, the new price list shall apply exclusively. The prices are non-binding and may be changed by the seller without prior notice.

3) TERMS OF PAYMENT
The Seller reserves the right to check the creditworthiness of the Buyer and, if necessary, to demand securities or to deliver only against advance payment or cash on delivery. The following conditions apply to deliveries without advance payment: - Payment within 30 days of the invoice date: net - Immediate orders: 30 days net From the 31st day from the invoice date, the seller is entitled to charge default interest of 5%, even without prior reminder, as well as to withhold further deliveries and to withdraw from the contract without setting a grace period. 

 4) RETENTION OF TITLE 
The goods shall remain the property of the seller until final payment has been made. The seller is hereby authorized by the buyer to have a retention of title entered in the retention of title register at the buyer's place of residence until the purchase price for the goods delivered by the seller has been paid in full.

5) DELIVERY DATE
In the event of non-compliance with the delivery deadlines specified by the Seller, the Buyer may withdraw from the contract after having granted the Seller a reasonable grace period of at least 10 days. Further claims of the Buyer and in particular claims for damages are excluded. Withdrawal from the contract shall be excluded if a temporary impossibility of delivery is due to force majeure, operational disruptions in the Seller's own business or at the Seller's suppliers.

 6) SHIPPING
All deliveries are made at the expense and risk of the buyer. Complaints regarding damage, delay or loss must be reported to the seller immediately. A shipping fee will be charged for the delivery of the goods. All orders over CHF 250 shall be delivered carriage paid to the buyer's domicile, including packaging. For orders under CHF 80, a small quantity surcharge of CHF 10 will be charged in addition to the shipping costs. This regulation does not apply to partial deliveries for which the seller is responsible due to delayed delivery.

7) DEFECTS
Any defects in the delivered goods must be reported in writing within 7 days of receipt or, in the case of hidden defects, within 14 days of discovery; otherwise the goods shall be deemed to have been approved. In the case of defects that are reported in due time, the buyer has the right to demand subsequent deliveries of defect-free goods. Further claims based on any defects and in particular claims for damages (including claims for consequential damages) as well as rescission or reduction are expressly excluded.

8) APPLICABLE LAW AND PLACE OF JURISDICTION
By ordering goods, the buyer accepts these General Terms and Conditions of Business and Delivery. Swiss law is applicable to the exclusion of the Vienna Sales Convention; the place of jurisdiction is Bern.

 9) ORIGINAL TEXT / PARTIAL VALIDITY / AMENDMENT
The General Terms and Conditions of Business and Delivery are drawn up in German and French. In the event of contradictions, the German version shall prevail. Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid or contain a loophole, this shall not affect the validity of the remaining provisions. Amendments and supplements to these General Terms and Conditions of Business and Delivery must be made in writing. This also applies to amendments to this written form clause

Belp, January 1, 2024