Trimmerstar AG General Terms and Conditions
Trimmerstar AG General Terms and Conditions - GTC
valid from 1.1.2013
1.1 These General Terms and Conditions apply to all orders, deliveries and services provided by Trimmerstar AG.
1.2 Our General Terms and Conditions have exclusive validity. Divergent or additional terms on the part of the client shall only be valid if they have been agreed in writing.
2. Scope of delivery
2.1 Order confirmations shall be authoritative for the scope and delivery of orders. Trimmerstar AG reserves the right to make alterations intended to improve the product insofar as these do not result in price increases.
3. Conclusion of contract
3.1 Contracts shall be deemed to have been concluded subsequent to receipt of the client’s order and written confirmation of this order by Trimmerstar AG (order confirmation) and the client’s acceptance of the GTC and terms of payment. Order confirmations shall detail the scope of delivery, services and terms and conditions.
3.2 Orders shall be made in writing via email, fax or an authorised Trimmerstar AG sales representative. Sales representatives may only agree divergent terms and conditions with clients with the written permission of Trimmerstar AG. Any terms and conditions agreed without this permission shall be invalid and shall not be recognised by Trimmerstar AG.
3.3 Trimmerstar AG reserves the right to decline orders from clients without giving reasons.
4.1 Prices agreed in writing shall be valid. Prices may only be increased subsequent to conclusion of a contract if the client agrees.
4.2 Unless otherwise agreed in writing all prices shall be ex-warehouse CH-6147 Altbüron, net in EURO (€), excluding value added tax and excluding incidental expenses such as packaging, transport, insurance, taxes, customs duties, etc.
4.3 The client shall pay a share of the costs incurred for individual transport incl. transport insurance and packaging materials, this share to be agreed in advance. This share of the costs shall be paid together with the remaining sum payable before delivery.
4.4 The client shall be liable for any customs duties or other charges incurred for deliveries to countries outside of Switzerland. These costs vary depending on the relevant customs region. The client shall be responsible for the orderly payment of the required customs duties and charges.
5. Terms of payment
5.1 The following terms of payment shall be valid:
- 1/3 of the purchase price within 20 days of conclusion of contract
- 2/3 of the purchase price within 20 days after notification of readiness for dispatch (remaining sum payable).
- The client shall also pay any share agreed for the costs for transport and insurance (as per Section 4 of the GTC) together with the remaining sum payable.
5.2 All payments shall be made by the client to the following account with the Luzerner Kantonalbank (LUKB), Pilatusstr. 12, CH-6002 Lucerne - Trimmerstar account - SWIFT Code: LUKBCHXXXX
6. Periods of time
6.1 Trimmerstar AG shall only commence production of clients’ orders following receipt of the initial payment. Production of the machine ordered takes between 20 – 80 days depending on the model ordered. The client shall be informed in writing (by email) regarding the expected delivery date.
6.2 Following manufacture of the machine and prior inspection by Trimmerstar AG the client shall be informed regarding readiness for dispatch. Delivery shall take place at the latest 30 days after receipt of the remaining sum payable.
7. Transport and delivery
7.1 Delivery of products shall be ex-warehouse CH-6147 Altbüron.
If the client so wishes transport incl. transport insurance shall be organised and charged for in a separate invoice.
7.2 Following complete payment of the purchase price incl. any share of the transport costs Trimmerstar AG shall commission an international freight forwarding company to transport the machine to the client. Transport shall be to the place of business of the client. Transport to a building site is excluded.
7.3 Transport shall be on the account and at the risk of the client. The freight forwarder shall take out transport insurance (loss and damage).
7.4 The client shall confirm receipt of the machine to the freight forwarder by signing the transport protocol. Any damage or defects established on delivery shall be noted in the protocol.
7.5 The machine shall become the client’s property subsequent to signing of the protocol.
8. Money-back guarantee
8.1 Trimmerstar AG shall grant its clients a money-back guarantee in the event of the following:
- The product is not manufactured within 120 days following receipt of the client’s initial payment,
- Delivery does not take place within 30 days of payment of the remaining sum by the client,
- Trimmerstar AG discontinues its activities.
8.2 The “money-back guarantee” shall cover the sum of any payments already made by the client, excluding interest. Repayment shall be from the account with the LUKB in CH-6002 Lucerne, Switzerland.
9. Demonstration and acceptance
9.1 All deliveries of Trimmerstar products shall be ex-Trimmerstar AG warehouse in CH-6147 Altbüron. Delivery shall also include a training course concerning the successful use of Trimmerstar products.
The training course for the 806 & 809 model takes approximately one day. The training course in Altbüron shall take place at the Trimmerstar AG test site and is included in the purchase price.
If the machines are sold and delivered trough a Trimmerstar-distributor in any country, then the training-course will be done trough the sales-agent in the corresponding country.
In the event Trimmerstar AG and the client agree commissioning and training on site at the client’s place of business, an authorised Trimmerstar AG sales representative shall contact the client within 5 working days of delivery of the machine (Model 806) to the client. The representative shall carry out demonstration of the machine and training of the employee responsible. Parallel to this the functional capability of the machine shall be inspected. This external training course shall be charged for in a separate invoice.
9.3 The functional capability shall be recorded in a delivery protocol to be signed by both parties.
10. Guarantee and liability
10.1 Trimmerstar AG guarantees that the products it delivers are free of manufacturing and material defects. The guarantee period shall be 500 hours or max. 12 months, commencing upon delivery of the product to the client.
10.2 The following shall not be covered by the guarantee:
- Materials not supplied by Trimmerstar AG or its manufacturers,
- Faulty alterations and repairs by the client or third parties,
- Damages which cannot be proven to result from poor materials; faulty construction; defective manufacturing or other causes for which Trimmerstar AG shall be liable, but rather are the result of, among other things, normal wear and tear; incorrect or unsuitable operation and maintenance; excessive use; accidents and force majeure or comparable causes.
10.3 Trimmerstar AG accepts no liability for goods supplied by subcontractors such as electric or mechanical motors, lasers, etc. Liability shall be in accordance with the liability and guarantee conditions of the relevant supplier.
10.4 In the event of a defect Trimmerstar AG shall have the right to rectify any defects within an appropriate period of time. Any further claims, in particular repudiation of the contract, reductions or claims for damages of any kind, are expressly excluded. Obligatory legal regulations shall not be affected by this, in particular with regard to liability for wilful or grossly negligent acts.
11. Applicable laws and place of jurisdiction
11.1 The contract between the client and Trimmerstar AG and these General Terms and Conditions (GTC) shall be subject to Swiss law and exclude the Vienna Convention on the International Sale of Goods. Should individual terms become invalid this shall not affect the validity of the contract and these GTC.
11.2 The sole place of jurisdiction for disputes arising from the legal relationship between Trimmerstar AG and the client – subject to any divergent place of jurisdiction specified by Swiss federal law – shall be CH-6147 Altbüron.