Terms and conditions

 

Cablant GmbH

 

Company information:

 

Headquarters:

 

Name:                        Cablant GmbH

Location:                   Stettbachstrasse 1

                                    CH-8600 Dübendorf

Legal form:               GmbH since 2019

 

 

1. Scope

The general terms and conditions apply to all deliveries and orders from Cablant GmbH (hereinafter also referred to as the supplier). The present terms and conditions apply exclusively, subject to any other written agreements.  If a provision of this condition proves to be ineffective in whole or in part, the contracting parties will replace this provision with a new agreement that comes as close as possible to their legal and economic success. The general terms and conditions apply to natural persons based in Europe, Africa, Russia, Asia Australia. Exceptions to these terms and conditions are natural persons residing and legal person based in the USA. Cablant GmbH reserves the right to change terms and conditions. The version of te general terms and conditions applicable at the time of the order is decisive, which cannot be changed unilaterally for the order.

 

2. Offer

The offer is aimed at natural persons residing and legal persons based in Europe, Africa, Russia, Asia. Natural persons residing and legal entities based in the USA are excluded from the offers. The offer is valid as long as it is available int the supplier´s range and the stock lasts. The supplier reserves the right to make any changes to the range and price. The images contained in brochures, advertisements and in the online-shop are for illustration and are non-binding. Technical information on product data sheets or product packaging is decisive.

 

3.Prices

Unless otherwise agreed, the prices are in Swiss Francs excluding VAT. Outside Switzerland, the prices are, unless otherwise agreed, in € excluding VAT. Cablant GmbH reserves the right to offer and trade certain products only in €. Cablant GmbH reserves the right to male price changes for deliveries and services that have not yet been carried out, in the event of significant changes to the calculation basis. The customer must be informed of these changes as early as possible. Unit price not included in the offer are determined on the basis of the supplier´s calculation bases valid at the time the price was entered. For services for which a flat-rate price has been set, the flat-rate price covers the services agreed in writing and the services to be provided by Cablant GmbH.

 

4. Payment

The standard payment terms of Cablant GmbH are 14 days. In the event of delay in payment, the supplier is entitled to charge default interest at bank interest rates and reminder fees according to the collection agency (max. 9%). Payment terms deviating from the standard of the supplier are to be agreed between the contracting parties.

 

5. Orders

Orders are accepted by the supplier in different ways (telephone orders, mail orders, fax orders, online orders, orders by post). An order is only considered and accepted when the customer has received an rder confirmation from the supplier. An order in considered an application to the supplier to conclude the contract. This application can be rejected at any time without giving a reason. Adjustments to an order are only possible until the order has been processed in the logistics area of the supplier. Subsequent adjustments must result in a new order and are also confirmed by the supplier. There is no minimum oder value per order, but the delivery conditioned published in the general Terms and Conditions are binding.

 

6. Contract

The contract is only concluded with the delivery of an order confirmation from the supplier. The supplier can reject any contract application without giving a reason

 

7. Standards and Guidelines

The customer has to inform the supplier immediately about any standards and guidelines, such as legal regulations for the fulfillment of the contract. If the information is lost to the supplier, all liability is rejected and the customer has automatically accepted the goods. The supplier provides the necessary certificates for standards and guidelines on requests. However the supplier reserves the right to insist on the signing of a Non-Disclosure Agreement (NDA) in order to provide the technical documentation.

 

8. Delivery conditions and costs

The supplier sends all orders with delivery services. All orders are sent registered and cost depend on the weight and size of the items. Shipments of 30kg or more are considered a special shipment and are charged according to the pricelist of the transport service provider. Shipment with dimensions over 1.60m in sight length are considered bulky goods and are subject to a surcharge. General cargo shipments are requested from the service provider and offered and charged for each shipment. When ordering from total value of SFR

1´000,00 or € 1´000,00 excluding statutory VAT, the supplier does not charge the delivery costs to the customer. Any deviating agreements regarding delivery conditions and delivery costs must be agreed in writing between the contracting parties.

 

9. Delivery periods

Delivery times are fundamentally dependent on the inventory of the supplier and its logistics centers. Products in stock are usually dispatched on the day of the order and delivered to the customer within 24-48 hours. Delivery times cannot be met if the recipient of the shipment is not present. Any deposit agreements with transport service providers are to be agreed in writing by the customer with the respective service provider. In case of an existing filing agreement, the supplier is not liable for the shipment. The supplier reserves the right to procure the goods from an external warehouse. This resulted in longer delivery times. Depending on the stock level, deliveries from third parties may differ from the specified delivery times and must be communicated to the customer In the order confirmation. The specified delivery times are guidelines. The supplier tries to meet the specified delivery times even unforeseeable difficulties. Partial shipments are permitted. The customer cannot assert any claims for damages due to any delay in delivery.

 

10. Packing and costs

Due to environmental protection, the supplier tries to avoid plastic packaging. If special packaging is requested by the customer, this will be charged additionally. This requires a written agreement between the contracting parties. A flat fee of SFR 5.00 or € 4.20 will be charged for shipping packaging. When ordering a total value of SFR 1´000.00 or € 1´000.00 excluding statutory VAT, the supplier waives the charge for packaging flat rates.

 

11. Defects, warranty, guarantee

The supplier gives a guarantee of 24 months on delivered systems and equipment and their accessories. In the case of systems, apparatuses and their accessories, the manufacturer´s warranty conditions are adopted and are essential components of the contracts of the two contracting parties. The goods (the systems) are deemed to have been approved by the buyer if any defects are not announced in writing within a period of 14 days. The supplier has the choice to remedy the defects as soon as possible or to replace the goods.

The warranty obligation described in the offers and order confirmations comes into force for effects that occur later and which can be proven to be due to material or manufacturing defects. The warranty period begins with the receipt of the goods. The supplier rejects any warranty for defects due to non-communicated regulations and guidelines.

The supplier is obliged to repair or replace goods or their components, which can be proven to be unusable due to material or manufacturing defects, free of charge. Due to defects that can be traced back to material or manufacturing defects, the buyer cannot assert any rights other than those listed above. In particular, the supplier is not liable for further damage that has not occurred to the goods themselves.

This applies in particular to follow-up costs due to the non-functioning or only partial functioning of the system or parts of the system. The supplier is not obliged to exchange or deliver spare parts as long as the buyer is in arrears with the payment of the purchase price. Further claims by the customer due to defects are excluded.

 

12. Non-performance, poor per

The suppliers liability for non-performance or poor performance is limited to gross negligence and unlawful intent. In the event of unforeseen events that significantly change the economic meaning or content of the services or affect the operation of the supplier, and in the event that becomes impossible to carry out the contract, the contract will be adjusted accordingly. If this is not economically justifiable, the supplier has the right to withdraw from the contract in whole or in part. Claims for damages by the customer based on such a withdrawal do not exist. If the supplier wishes to exercise the right of withdrawal, he must inform the customer immediately.

 

13. Reservation of title and reservation of use

The goods remain the property of the supplier until full payment of the price, insofar as this is permitted in the law in the area in which the goods are located. If this does not permit the retention of title, but allows the supplier to reserve other rights to the goods, the supplier can exercise all rights of this kind. In particular, the supplier may be authorized to register the reservation of title

 

14. Liability

With the exception of the guarantee, any liability on the part of Cablant GmbH for direct and indirect damage, as a result of malfunction or failure f the system, in particular for damage to property, body and property, is expressly excluded. For Cablant GmbH, in particular, there is no obligation to compensate for the safety measures to be initiated by the systems owner in the event of partial or complete decommissioning of the system as a result of maintenance work. For third-party products that are solely based on trade, Cablant GmbH passes on guarantee and liability from the respective manufacturer to the end customer.

 

15. Data and information sharing

All technical information and electronic data on products are only authorized to be passed to third parties upon written request and confirmation from Cablant GmbH. Information on prices is only released for distribution if the data is given an a public price list. In addition, technical product-specific information is subject to confidentiality and is only made available to the customer after signing an NDA ( Non-Disclosure Agreement). The obligations and right of suppliers and customers are explicitly stated in these NDAs.