audiowerk GmbH
Industriestrasse 52
8112 Otelfingen
Suisse

Téléphone:   +41 (0) 43 495 34 10
Télécopieur: +41 (0) 43 495 34 11

EMail: info@audiowerk.ch
Web:   audiowerk.ch

Roger Moser (Directeur Général)

Dénomination sociale : audiowerk GmbH

Numéro : CH-400.4.023.485-8

Stand : Otelfingen / Dielsdorf ZH

CHE-109.564.628

These general terms and conditions apply to all current and future sales contracts of audiowerk GmbH, unless otherwise agreed in writing. Different conditions of our customers are not valid, even if we do not expressly object to or reject them. We hereby object to the buyer's purchasing conditions. Any ineffectiveness of one or more of the following provisions does not affect the validity of the remaining terms and conditions.

Our offers are non-binding and subject to prior sale. Purchase contracts are only considered to have been concluded when a corresponding written confirmation is available or the goods have been delivered.

Deliveries are usually made within 24-48 hours (goods in stock) from receipt of the order from our warehouse in Otelfingen. Communicated delivery times are purely for information and are non-binding. No responsibility is taken for any unforeseen delays. Claims by the customer due to late delivery or non-delivery are expressly excluded and will not be recognized. The assertion of claims for damages and offsetting of operational costs by the buyer are excluded. The goods remain our property until they have been paid for in full.

When the goods are handed over to a freight forwarder, all risks are transferred directly to the buyer. This also applies if the delivery is made without offsetting the transport costs to the recipient. Insurance against any risk is the responsibility of the buyer. The recipient must immediately report any transport damage or loss to the responsible transport company. Additional costs for express deliveries are borne by the customer. audiowerk GmbH determines the type of shipment and is entitled to make partial deliveries.

The return or exchange of demonstrably incorrectly delivered products (wrong article, missing quantity) only takes place after prior agreement with audiowerk GmbH, whereby only brand-new products in undamaged original packaging can be taken back. In the case of a return confirmed by audiowerk GmbH, the customer must provide the corresponding invoice or delivery note number. Returns are checked by audiowerk GmbH and any deviations from the original condition are reported back to the customer. Reductions in value for products that are not classified as brand new will be deducted from the credit (e.g. damaged packaging, adhesive marks on packaging, etc.). Deviations in batch numbers do not entitle to return. Incorrect deliveries must be reported to us immediately upon receipt of the goods. Under special circumstances and in exceptional cases, audiowerk GmbH will also take back goods that have already been invoiced. The customer will be charged a reduction in value of at least 25%. Such extraordinary returns of merchandise are only permitted after prior agreement and with the written consent of audiowerk GmbH. This written authorization confirms the conditions under which goods can be returned. In any case, in addition to the depreciation listed above, the costs incurred for defects in the returned goods (damage, missing packaging, missing operating instructions, etc.) will also be claimed. Returns that have not been agreed will be returned. Goods that were specially ordered from the manufacturer abroad for the buyer (special orders, project-related large quantities, no stock items) cannot be returned and credited. Products with a batch number can only be taken back if the batch delivered is still up-to-date and is on sale.

Technical changes by the manufacturer are possible and can be introduced without prior notice. Technical data in the price list, catalog or website are purely for information purposes and are non-binding.

Complaints must be communicated to us within 7 days of receipt of the goods. If necessary, we are to be given the opportunity to check the goods in question in the condition in which they were delivered to the customer. If audiowerk GmbH accepts a complaint as justified, we are entitled, at our option, to either deliver replacements for the defective goods in the same quality as ordered or to credit the corresponding invoice amount. Any further liability on our parte is expressly excluded.

Our prices apply from our warehouse without packaging and VAT. Unless otherwise stated, our invoices are in Swiss Francs. The payment conditions shown on the invoice apply. The buyer is not entitled to make partial payments. The buyer may not withhold payments due to complaints. Offsetting by the buyer with counterclaims is excluded. Unauthorized deductions will be invoiced later. We reserve the title to the goods delivered by us until the customer has settled all claims from the business relationship with us. Subject to price changes (in particular due to currency fluctuations, price increases due to scarcity of raw materials, etc.).

In the event of default in payment, the buyer will be charged default interest of 8% pa., reminder fees (at least CHF 30.00) and all subsequent costs.

audiowerk grants a warranty of 6/12/24 months from the invoice date on material and construction defects, depending on the product delivered (will be shown on the invoice). Further information on the warranty provisions can be found in the respective device packaging. The supplier undertakes to replace as soon as possible all parts that can be proven to be damaged or unusable as a result of poor material, faulty construction or poor workmanship. The supplier only bears the costs that arise from the repair of the defective parts in his service center. Any transport costs incurred (including return after the repair) will be borne by the customer in any case. Any further claims by the customer due to defective delivery, in particular for compensation, are excluded. Excluded from the guarantee are damage due to natural wear and tear, inadequate maintenance, improper use and incorrect operation, disregard of operating / operating regulations, chemical or electrolytic influences, defective construction and assembly work not carried out by the supplier as well as other reasons to which the supplier is not entitled has represented. If the buyer claims a different warranty condition published by the manufacturer, the goods will be forwarded directly to the manufacturer and the entire transport costs will be borne by the customer. The customer must immediately check the products delivered, developed or installed by audiowerk and notify audiowerk GmbH in writing of any defects no later than 7 days after receipt / completion of the products. Hidden defects that could not be noticed within this period despite the careful inspection must be reported in writing to audiowerk GmbH immediately after they have been discovered. Subsequent improvements and repairs to defective products by audiowerk GmbH are permitted. The customer can also be instructed to independently remedy the defects with advice from audiowerk GmbH, provided that this can be expected of him or dismantling and return of the defective product to audiowerk GmbH is not possible (e.g. permanently installed lighting, LED strips, etc.). In the event of unauthorized repairs without prior consultation with audiowerk GmbH, we decline any liability or any assumption of costs. The customer can neither change nor reduce the contract due to defective products, provided that audiowerk GmbH takes appropriate measures to improve the delivery / service complained about or the warranty claims are not justified due to normal production deviations. If a defective product is used by the customer contrary to the instructions of audiowerk GmbH, audiowerk GmbH rejects any warranty and liability. Further claims of the buyer due to defective delivery, in particular for damages, are excluded. Excluded from the guarantee are damage due to natural wear and tear, inadequate maintenance, improper use and incorrect operation, disregard of operating / operating instructions, chemical or electrolytic influences, weather influences, inadequate construction and assembly work not carried out by the supplier, as well as other reasons that the supplier may have is not responsible.

The occurrence of circumstances which make the contractual processing impossible, make it significantly more difficult or make it appear unreasonable for us in comparison with the circumstances prevailing at the time the contract was concluded, are regarded as cases of force majeure in addition to the usual cases and release us ganz or partially from the delivery obligations entered into. They entitle us to postpone the delivery deadlines or to omit the delivery entirely without the buyer having any claims for compensation or other claims against us.

As a matter of principle, audiowerk GmbH is not liable for consequential damage, loss of profit, or loss of image that arise from advice, services or material performance for the customer. In any case, the liability of audiowerk GmbH is limited to the amount of the order amount. It is expressly pointed out that audiowerk assumes no liability for data loss and damage resulting therefrom, unless liability is mandatory in cases of willful intent and gross negligence and the customer has ensured by keeping the data available in machine-readable form that the data is included can be reconstructed with reasonable effort.

Law The general terms and conditions and their contracts are subject to Swiss law. The exclusive place of jurisdiction is Otelfingen / Dielsdorf ZH.

The general terms and conditions can be changed or replaced by audiowerk GmbH at any time. There is no prior written information to the customer.

 

Otelfingen, January 2016

Replaces all previous editions