When goods are ordered, which are offered by fineFRAME GmbH, hereinafter referred to as: fineFRAME, these terms and conditions of sale and delivery become part of the legal transaction that comes about on the basis of the order and are deemed to be agreed between the contracting parties as decisive for the legal transaction – the validity of any purchasing conditions of the buyer is therefore deemed to be excluded.
For all rights and obligations arising from the purchase, including payment, Pratteln is the place of performance.
Weight deviations in order confirmations of up to +/- 10% are considered permissible and the buyer waives the assertion of any claims based on such deviations.
Agreed delivery dates are subject to the fulfillment of all obligations of the buyer from the legal transaction that are due by the respective delivery date. There is therefore no delay in delivery by fineFRAME as long as the buyer has not fulfilled all his obligations from the legal transaction by the delivery date.
In the event of a delay in delivery by fineFRAME, the buyer remains obliged to accept. The buyer is only entitled to withdraw from the contract after a grace period of at least 4 weeks set by the buyer has elapsed without result. fineFRAME is not liable for a delay in delivery due to slight or gross negligence and the buyer waives the assertion of any claims due to negligent delay in delivery by fineFRAME.
The buyer bears the costs of dispatch/transport in any case. The risk of shipping/transport is borne by the buyer in any case.
A reasonable period for inspecting the goods and notifying fineFRAME of any defects (deadline for complaints) is one week after acceptance, otherwise the buyer waives the right to assert contractual claims that relate to defects not reported in time.
Offer prices are ex works or warehouse, unpackaged, duty unpaid, untaxed and excluding VAT (net).
Unless otherwise agreed, invoices are due for payment within 10 days of the invoice date. Checks and bills of exchange only count as payment when redeemed in cash.
In the event of default of payment, the buyer is obliged to pay interest on arrears at a rate of 8 percent above the base interest rate as well as reminder fees of CHF 25 per reminder from fineFRAME.
Payments are first offset against costs, other ancillary claims and interest, and only then against the capital.
The offsetting of counterclaims by the buyer against fineFRAME is excluded, unless the counterclaims of the buyer have been recognized in writing or have been legally established.
The goods remain the property of fineFRAME until the purchase price has been paid in full, including all ancillary claims.
As long as the retention of title exists, the goods may not be sold, pledged, assigned as security or otherwise made available. If the goods delivered under retention of title should be accessed by a third party, the buyer must inform fineFRAME immediately in writing. In the event that the buyer should resell the goods despite the retention of title, he assigns his claim from the resale in the amount of the outstanding claim of fineFRAME including ancillary fees to fineFRAME as payment and fineFRAME accepts this assignment.
If the buyer is in default of payment, he undertakes to deposit the goods owned by fineFRAME at the first request to a location specified by fineFRAME to secure fineFRAME’s property or to send them to an address to be specified by fineFRAME.
The buyer grants fineFRAME irrevocable permission to enter his land, buildings and other premises where the goods are or could be located and to have them opened in the event of a blockage. The buyer expressly declares that he will not derive any legal consequences of any kind whatsoever from this and in particular refrains from filing trespassing suits.
In the event of default, the costs and cash expenses associated with asserting the retention of title (e.g. determining whereabouts, transport, unlocking, etc.) shall be borne by the buyer.
Swiss law applies to all contracts with fineFRAME and to legal disputes arising from these contracts, including those regarding the existence or non-existence of a contract and its preliminary and subsequent effects.
For all legal disputes, the jurisdiction of the competent court at fineFRAME’s registered office is agreed.
The invalidity of individual provisions does not result in the invalidity of the entire sales and delivery conditions – the remaining provisions remain unchanged.
All deviations from the present terms and conditions of sale and delivery, including this point, must be made in writing, otherwise they will be ineffective.