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Terms & Conditions

Terms & Conditions

1.	General
1.1	A contract comes into effect through a written offer, a confirmation of order or at the latest through our shipping and invoicing. Our terms and conditions are deemed as accepted with acceptance of the goods. Differing conditions require a written agreement to be effective.
1.2	Orders are only binding for ROTRONIC AG when it has confirmed its acceptance of them in writing.
1.3	Printing and other errors in prices and technical details as well as model changes are reserved.

2.	Prices
	All prices are quoted net, plus VAT, shipping and packaging costs, if not agreed otherwise. ROTRONIC AG reserves the right to adjust prices as a consequence of concrete increases in costs (e.g. payroll and material expenses).

3.	Delivery period
	All stock items are usually delivered to customers in Switzerland on the next workday. Should an article not be available at all or in sufficient number, the customer receives a confirmation of order with the prospective delivery date. In the case of partial delivery the prospective delivery date is stated. In the case of the other products the delivery period is stipulated contractually. In the case of force majeure such as war, epidemics, severe weather or the like the delivery period is extended in any event.

4.	Shipping
	All deliveries are effected at the customer’s expense and risk. ROTRONIC AG reserves the right to require advance payment before delivery. The recipient must notify ROTRONIC AG of complaints regarding damage, late delivery or loss within 8 days of receipt of the shipment; complaints about possible bad packaging on the day of receipt of the goods. (Refusal of acceptance at the postal service or shipping agent).

5.	Works deliveries
	In the case of deliveries and invoicing directly by upstream suppliers of ROTRONIC AG the terms and conditions of sale of the respective upstream supplier apply for their customers. In this case the terms and conditions of sale and delivery set forth here have no validity. Claims for compensation for damages or other claims cannot be asserted against ROTRONIC AG.

6.	Material Returns
	Material returns require the written consent of ROTRONIC AG and are only possible if the material is in perfect condition and in its original packaging and is normally kept in stock by ROTRONIC AG. A copy of the delivery note or invoice must accompany the return. Return shipments without a copy of the delivery note or invoice will not be accepted. The customer will be charged a reasonable cost for the activities of ROTRONIC AG.

7.	Payments
	The invoices are payable within 30 days net, without any deduction. An interest on arrears customary in the banking trade is charged for late payments. Other methods of payment by arrangement.

8.	Retention of ownership rights
	The goods delivered remain the property of ROTRONIC AG until complete payment of the invoice. If the customer is in arrears, ROTRONIC AG is entitled to register the retention of title in the retention of title register at the customer's expense.

9.	Warranty
a)	For defects in the delivered goods, ROTRONIC AG will at its discretion correct the matter through rectification or replacement delivery.
b)	Should rectification or replacement delivery fail, the customer may either demand a reduction in the purchase price or declare its cancellation of the contract.
c)	The customer is obligated to inspect the goods for completeness and defects immediately after receipt. ROTRONIC AG must be informed of any defects found immediately. Should the customer fail to inspect the goods or notify of defects timely, the goods delivered shall be deemed as approved, save the defect was not recognizable in the inspection. ROTRONIC must likewise be informed immediately of defects established at a later point in time; otherwise the goods shall be deemed as approved in this regard. To comply with the deadline, the customer must send ROTRONIC AG both the goods in question as well as an exact description of the faults and a copy of the original invoice at its own expense. The burden of proof for timely dispatch lies with the customer. Should the goods prove to be free of defects, they will be returned to the customer against charge of a flat inspection fee of CHF 35.00 plus value added tax and shipping costs.
d)	Warranty claims lapse two years after delivery of the goods. Exception HG2 and AwTherm: Warranty claims lapse one year after delivery of the goods.

10.	Cancellation
	It is only possible to cancel orders with the written consent of ROTRONIC AG. Costs that have already arisen or price increases due to reductions in orders are to be borne by the customer. The partial deliveries of a call order are to be called within the agreed period, otherwise ROTRONIC AG shall initiate the deliveries and invoices.

11.	Special confidentiality agreement for the ISO 17025 service
11.1	The laboratory undertakes to keep confidential all information obtained during the performance of the laboratory activity.
11.2	If the laboratory is required by law to disclose confidential information, the client shall be informed in advance of the data for disclosure, unless prohibited by law.
11.3	Confidential information about the client from a third party source, as well as the source of the information, shall be treated confidentially towards the client.

12.	Place of Jurisdiction
	The place of jurisdiction is the domicile of ROTRONIC AG. The provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG) are herewith explicitly excluded.

January 2020