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1. Area of application.
These General Terms and Conditions are binding for any deliveries and services of Plica AG (hereinafter:"plica"). They shall specifically apply in case of deviating conditions of the customer, except where plica has agreed to those conditionsin writing. If plica agrees on individual rules with the customer in writing, deviating from these General Terms and Conditions, theseindividual rules shall take priority over the General Terms and Conditions. If any provision of these conditions is or become s void orinvalid, this shall not affect the remaining part of these conditions. In case of voidness or invalidity of a clause, it shal l be replaced bysuch clause that comes as close as possible to the economic purpose of the invalid clause and is effective. The procedure is accordinglywhen a gap becomes obvious.us.
2. Place of delivery, place of performance. The place of performance shall be CH-Frauenfeld.
The place of performance shall be CH-Frauenfeld. The delivery shall be ex works(Zürcherstrasse 350, Frauenfeld, Switzerland). Use and risk shall pass to the customer upon delivery ex works.
3. Transport, packaging.
plica shall pack the delivery and organise its transport. plica shall not assume any liability for this, however.All costs for packaging, transport, customs formalities and customs shall be assume d by the customer. These costs shall be invoiced by plica additionally. LSVA-surcharge and replacement package frees shall be assumed by the customer in any case. The customer shall besolely responsible for insurance of the delivery from the time of deliv ery ex works.
4. Time of the delivery.
The expected delivery period shall be indicated non-bindingly. plica shall try to its best to comply with thedelivery period. However, any delay of the delivery shall not give the customer the right to rescission of the contract or any claim toreimbursement for direct or indirect damage, consequential damage, reflex damage or lost profit.
The offered prices shall only apply for the respective qualities, quantities and number of deliveries. The prices of Plica shallbe subject to confirmation. If the situation changes essentially before delivery, Plica may adjust the prices. The prices shall be in CHFand, unless agreed on differently in writing, ex works, excl. VAT and excl. any taxes, customs, packaging, transport, insurance, LSVA,TGGB, brass surcharge, copper surcharge, etc.
plica shall charge surcharges for small batches and partial units.
Except for the express discounts named in the documents of Plica (e.g. offer, order confirmation), no further discounts, reductions orexpenses must be deducted. Retentions for any due warranty claims are not admissible.
6. Payment conditions / reservation of title.
The payments shall be made by the customer according to the agreed payment conditions at the domicile of plica, without deduction of discount, expenses, taxes, duties, fees, customs and the like. If nothing different is agreed on, invoices shall be paid pure net within 10 days. This shall not included businesses who pay by advance payment.
If the customer does not comply with the payment dates, default interest of 5% shall fall due from the 2nd dunning letter onwards. If forced execution has to be threatened, an additional dunning fee of CHF 20.00 shall be due for payment. plica may assign claims to collection companies. Reimbursement for any further damage is reserved.
plica shall remain the owner of the entire delivery until complete payment.
7. Warranty / Liability.
The customer must review the delivery without delay upon receipt. Complaints must be filed no later than within8 days of receipt of the delivery. The warranty period shall commence at delivery.
If any defects to the delivery occur during the warranty period, the customer shall have a claim to repair or replacement of the defectiveparts of the delivery. It shall be due to the sole discretion of plica, whether defective parts are repaired or replaced, in case of defectivedelivery or service, further claims of the customer shall be excluded, i.e. the customer shall specifically not have the righ t to convert thecontract, demand a value reduction or assert damages.
The defective product shall always be submitted to plica completely, instead of only individual parts at a time. The costs for the deliveryshall be at the customer's expense.
Warranty is excluded:
- If the assembly provision and/or the operating instructions are not complied with in full.
- If the customer or third parties perform any changes or repairs at the delivery without the written consent of Plica.
- In case of defects due to natural wear.
- In case of defects due to improper treatment, storage or setup
- In case of defects due to force majeure.
plica shall only be liable for violation of other or out -of-contract obligations for documented direct damage caused by plica wilfully orgrossly negligently. Plica shall not assume any liability for slight negligence. In no case shall plica be liable for indirect damage,subsequent damage, consequential damage, reflex damage or lost profit.
Returns of standard items shall only be possible with the advance consent of plica. The items must be in a proper conditionand original packaging, and must have been purchased by plica. 20 % of the value of the goods, but at least CHF 100.00, shall beinvoiced for the inconvenience and directly deducted from the credit. Returns of cust om productions and items that are no longer beingoffered are not accepted.
9. Copyright, patent, design and brand law.
Brands, drawings and projects of plica that are protected under intellectual properly law,shall remain plica's property. It is not permitted to reproduce or use them, or to pass them on to any third parties, without the writtenconsent of plica. The customers shall be obliged to comply wi th the brand, patent, design and copyright provisions. Specifically, theyshall not be allowed to use brands and image material of plica or the suppliers without written consent.
10. Applicable law, place of jurisdiction.
The contractual relationship between plica and the customer shall be subject to Swiss law.
The exclusive place of jurisdiction shall be CH-8500 Frauenfeld.
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