General terms of sale and delivery
1. General information
These terms apply to all deliveries from Ymatron, hereinafter referred to as Ymatron, and which constitute an integral part of our offers, order confirmations and invoices. We cannot accept orders from customers with terms of purchase which contradict our Terms of sale and delivery.
2. Offers and prices
Our offers and prices are subject to change until our written confirmation is issued and remain without obligation for us. We reserve the right to make the appropriate adjustments even with written confirmations if changes in our basic calculation schemes result due to additional tax burdens, duty increases or currency fluctuations during order handling. Prices are strictly net, without VAT, in Swiss francs and shipped from the Dielsdorf company domicile.
2.1 Systems
The prices for systems are calculated based on the material prices, wage rates and other manufacturing costs which are applicable at the time of the offer. The confirmed system and unit prices are subject to the following sliding price formula for the duration of the agreement:
Lm Fm + Cm
P = Po (0.1 + 0.7 Lo + 0.2 Fo + Co )
This means:
P = Sales price at the time of delivery and performance of work
Po = Sales price according to offer or order confirmation
Lo = Wage index
Fo = Steel index (Code 27.1) At the time the offer was made
Co = Copper index (Code 27.44)
Lm = Wage index At the time of delivery or
Fm = Steel index (Code 27.1) performance of work
Cm = Copper index (Code 27.44) preceding quarter
The wage index is specified on a quarterly basis by the "Employers Association of Swiss Machine and Metal Industrialists" Zurich. The steel and copper indexes are published on a monthly basis by the State Secretary of the Economy (Seco) in the trade journal "Die Volkswirtschaft" published by the Swiss Department of the Economy Berne. No higher costs are billed for lump-sum prices; however, we specify a completion date for the corresponding orders. Our service prices are calculated with the assumption that the work can be carried out during regular business hours. We are entitled to the following supplements for work outside of the regular business hours:
- Work which is carried out from Monday to Friday between 8:00 p.m. – 10 p.m. - 50 % and in the time from 10:00 p.m. – 6:00 a.m. 100 %.
- Work which is carried out on Saturdays between 6:00 – 8:00 p.m. - 50 % and in the time from 8:00 p.m. – 12:00 a.m. 100 %.
- Work which is performed on Sundays and general holidays - 100 %.
If added costs are incurred due to changes in the system specifications during order handling, they are charged based on the main order. If, due to functional changes, reduced delivery occurs, the costs of the equipment are deducted if we are made aware of the reduced delivery in a timely manner and we can change the order dispatch. Otherwise we must charge 20 % of the sales price as an administration fee. Price reductions for services are only granted in exceptional cases and are only considered to be agreed upon by us if they were confirmed by us in writing.
2.2. Equipment and components
The current price lists go into effect with the date of publication and replace all older price lists for the corresponding products. Types of the same price classes can be combined in the unit counts for price setting. This excludes accessory parts. For orders under CHF 250, a minimum quantity supplement of CHF 50.00 is charged. We reserve the right to deliveries which are up to 5% above or below the order quantity for machines and components which are not in stock at the warehouse and must be specially manufactured.
3. Services
The scope of our services such as editing diagrams, generation, programming, piping, cabling and maintenance is indicated in our "Compilation of services". It is an integral part of these Terms of sale and delivery.
4. Delivery dates
Delivery dates are confirmed by our best judgment. Any delivery dates which are not met do not entitle the Customer to cancel the agreement or entitle the Customer to damage claims or a contractual penalty. Liability for direct or indirect damages due to the failure to meet delivery dates for any reason, whether they entitle the Customer to cancel the agreement or not, are expressly waived. The inability to deliver due to force majeure, including legal regulations, releases us from all obligations. A delivery obligation becomes invalid in the event of insolvency of the buyer.
5. Shipping
All deliveries are made at the account and risk of the Customer. Complaints regarding damages, delays or the loss of deliveries are to be reported by the recipient directly to the transport or insurance company. Complaints must be made within 8 days following receipt of the shipment; those regarding any packaging - on the date of delivery. Packaging will be billed at cost. The merchandise which is delivered remains our property until complete payment is made. We are entitled to make an entry in the retention of title registry. CHF 50.00 is charged for express deliveries.
6. Terms of payment
Invoices are payable within 30 days net following delivery of the merchandise. If the ordering party does not meet the agreed upon payment dates, it must pay interest on arrears of 7% and processing fees, without special admonition. The following mode of payment applies to systems with an order value of CHF 10,000 and more:
a) Advance payments according to the services performed
b) Discount payments
30 % when order is made
30 % upon material delivery
30 % before commissioning begins
10 % following commissioning / acceptance
The withholding or reduction of payments due to complaints, claims or non-counter-claims of the buyer not recognised by Ymatron is not permitted. The offsetting of claims not expressly recognised by Ymatron is precluded.
7. Warranty
7.1. Systems
We provide a warranty for two years for the proper function and the contractually stipulated services and characteristics of the systems if we draft the diagrams, carry out the programming, calibrate the systems and commission them. If one of the aforementioned services does not apply, the warranty is limited strictly to an equipment warranty for one year. Third parties can be used for electrical installations without the warranty being limited if the work is carried out by licensed installation companies. The warranty period begins with the initial commissioning and is indicated on a warranty confirmation. If the system malfunctions during the warranty period, we will perform the troubleshooting at no charge if we were made aware of the malfunction during normal working hours. If a malfunction is attributable to a defective equipment, it will be repaired or replaced during the first warranty year at no charge. A warranty claim applies in each case only if the machines can be operated in a standard manner and installed according to our standards if there have been no interventions by third parties and proper service is guaranteed. No warranty claim applies to damages resulting from incorrect manipulations or for machines with seals or lead seals which have been damaged. Furthermore, our warranty obligation becomes void upon failure to meet payment obligations.
7.2. Equipment and components
Ymatron provides a 1-year warranty from the date of delivery strictly for equipment and component deliveries. The warranty extends to identifiable material or manufacture errors. In the event of a claim, the device is repaired or replaced at no cost. The costs for installation and expansion as well as any travel and transport costs are at the expense of the buyer. We do not assume liability for direct and indirect damages caused by material defects or the errors of our personnel. No warranty applies to damages resulting from incorrect manipulations or for equipment with seals or lead seals which have been damaged. The warranty obligation becomes void if the payment obligations are not met. The warranty terms of the supplier apply to third-party materials.
8. Returns
Equipment and components may only be returned in the event of changes when an order is carried out only by written agreement. In this case, the Customer will be credited the purchase price minus an administration charge of 20% but only if the machines are in proper condition and are received by us in the original packaging. Returns under CHF 50 are not credited.
9. Order reduction
Order reductions or cancellations are only agreed upon if they have been confirmed by us in writing. We will bill any costs for order processing for costs that have been incurred. Blanket orders must be called within 12 months starting with the 1st partial delivery. Otherwise, Ymatron will arrange for and bill for the remaining deliveries.
10. Right of retention to the software
Ymatron will grant the Customer a single, non-transferable licence for its use for the software delivered with our products and systems (operating system and application software). This licence applies exclusively for use by the Customer himself on the designated system and at the designated location. Copies may only be created for archiving and back-up purposes. The use of the software is stipulated in a special licence agreement between the Customer and Ymatron.
11. Online registration, Access information
It is necessary for the Customer to register and for the information he provides to be saved in order to use the Ymatron shop. When the Customer completes the registration, a user account will be set up for the Customer. Ymatron AG is entitled to modify the access information of the Customer at a later time. In this case, the Customer will be informed of the new access information immediately. The Customer is responsible for protecting the access information. The access information is to be kept confidential and may not be made accessible to third parties without the written permission of Ymatron AG. The Customer is aware that third parties have the ability to place orders with Ymatron on behalf of the Customer if they become aware of the access information. If the Customer determines or suspects that his access information has been used by third parties, he is obligated to immediately change his access information, or, if this is not possible, he is obligated to inform Ymatron AG immediately. Ymatron AG is not liable for costs which the Customer incurs damages through the misuse or loss of the access information. This does not apply if the damages were caused by malicious intent or gross negligence. The exclusion from liability also does not apply to damages resulting from injury to life, limb or health if Ymatron is responsible for the breach of its obligations.
12. Security and data protection
The data required for an online purchase between the buyer and Ymatron AG are encrypted with proven SSL technology. Each transaction is also authorised and reviewed by the relevant credit card company. Blocked or fraudulent cards or cards with an insufficient credit limit may not be used.
13. Change in the General terms of business (AGB)
Ymatron AG reserves the right to change the General terms of business at any time. The Customer is to be notified in a timely manner by email with an announcement of the validity period. No claims can be made to Ymatron regarding insufficient notification or failure to receive the email referring to the changes in the General terms of business. The previous General terms of business apply to purchase orders which were made before the General terms of business were changed and which required an obligation by Ymatron upon confirmation of the order, even after the changed General terms of business go into effect.
14. Jurisdiction
The place of performance and jurisdiction of both parties is 8157 Dielsdorf. The parties agree that Swiss law applies. The application of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is precluded.
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