Albin Group AG’s General terms and conditions of sale and delivery
By giving an order, the customer acknowledges the sales and delivery conditions. Deviations from this require express written agreement in the offer or the order-confirmation. If the customer presents his own “terms and conditions” when placing the order, when accepting the offer or at any other point in time, these are only valid to the extent that they are in agreement with the following.
Unlimited offers always remain subject to alteration until confirmation of the order. Tenders which are made on the basis of inaccurate submissions or incomplete manuscripts, are only estimates.
Unless otherwise stated in the quotation, prices are quoted in Swiss Francs, ex works, excluding carriage.
The quoted or confirmed prices are always net prices. The right to change prices due to increases in wage and material prices, and in consequence of corrections after ‘good for execution’ or ‘good for printing’ have been issued, is reserved. Value added tax (VAT) is not included in the prices.
The invoice amount is to be paid in Swiss Francs within 30 days of invoicing without any deduction. In the case of late payment, default interest of 8% will be charged from the due date onwards without any extra default notice with reservation of the right to further claims. Payment guarantees can be agreed in writing before or after acceptance of the order.
Unless otherwise agreed, delivery will be made in one consignment.
For a purchase value of 0 to 100.- CHF, there is a fixed transport charge of +15.- CHF.
For a purchase value of 100 to 300.- CHF, there is a fixed transport charge of +8.- CHF.
For a purchase value of over 300.- CHF, the transport costs are included in the price.
EXPRESS fixed transport charge + 25.- CHF per consignment
Other forwarding methods such as courier or taxi service, will be charged to the customer at cost
Delivery time limit
If the delivery date is exceeded, the customer can neither withdraw from the contract nor claim compensation for direct or indirect damage caused by the delay. A contractual penalty for delayed delivery will not be accepted. Failure to meet the delivery deadline for reasons beyond the parties’ control, for example, due to force majeure, as well as strikes and industrial problems, also do not give the customer the right to withdraw from the contract or to claim damages.
Deliveries on call are to be expressly agreed in writing. The closing period is a maximum of 1 year from the time the order was accepted.
Contracts with fixed purchase quantities and discounts
If the customer receives a special price and/or rebate and the purchase quantities and time limits are fixed in a contract, these are absolutely binding. If the customer does not meet the purchase quantity within the agreed time limit, the difference between the special price (rebate) and the normal price will be calculated and charged to the customer in full.
Deliveries are intended for use within Switzerland. Exports can only be made after written approval from the Albin Group AG Switzerland. This particularly applies to products which may be subject to an export ban by the Swiss government.
Transport and insurance
Unless otherwise agreed, goods are transported at the customer’s cost and risk.
In the absence of special instructions, the Albin Group AG will chose the shipping method which appears most advantageous.
Special wishes relating to shipping and transport must be communicated to the Albin Group AG in good time.
Consignments with obvious transport damage should be accepted under reservation and reported to the relevant carrier immediately.
Additional insurance against all types of damage is to be carried by the customer or will be charged to him.
Transfer of use and risk
Unless expressly otherwise agreed in writing, use and risk are transferred to the customer at the latest when the consignment leaves the company Albin Group AG, even if the consignment is carriage paid, CIF, FOB, or takes place subject to similar terms.
If the shipping is delayed or made impossible for reasons for which the Albin Group AG is not responsible, the customer will be notified, and the consignment will be stored at the customer’s expense and risk.
Failure to accept delivery
If the customer does not accept the goods within the agreed time limit, future storage and capital costs can be invoiced separately.
Retention of title
The consignment remains the property of the Albin Group AG until all demands have been paid in full. The customer is obliged to cooperate with measures necessary for the protection of the property. The Albin Group AG reserves the right to register the retention of title independently. Defective, opened packages, incomplete or used products and/or devices will be invoiced to the customer in full.
The manufacturer guarantees that the goods delivered match the promised characteristics and performance, as well as the agreed specification. The tolerances usual in the sector are expressly reserved. If further tolerances are imposed on the manufacturer by suppliers, these also apply to the end customer. If medical and hospital products etc. are subject to any possible legal regulations, this must be clearly declared by the customer in his quotation request or order. The manufacturer accepts no responsibility in the event of inappropriate storage or improper further processing.
Products delivered by customers to the Albin Group AG
Products delivered by customers to the Albin Group AG are to be delivered free of charge. The customer is liable for damage and additional expenses resulting from any possible unsuitability of materials (quality, quantity).
Over or under delivery to customer
Over or under delivery of the ordered quantity is not a ground for complaint, unless agreed otherwise. The actual quantities delivered will be invoiced. We also reserve the right to make over or under deliveries, which also applies to replacement deliveries.
Notification of defects
The customer must check the goods delivered on arrival. Any possible complaints in respect of quality or quantity must be made within 3 working days following receipt, otherwise the delivery is deemed to have been accepted.
In the case of justified complaints, the delivered goods will be repaired or replaced within a reasonable time. No liability is accepted for any customer claims except for those expressly named in this clause, regardless of their legal basis. In particular there is no right to compensation or damages for consequential loss such as loss of use, loss of orders, loss of profit, or withdrawal from the contract. If hidden defects only become apparent later, notice must be given as soon as they are discovered and, in any event, no later than one year from when the goods were shipped.
Fundamentally, there is no legal right to return goods in Switzerland!
Therefore, purchasers usually cannot withdraw from a normal purchase contract, or hope for a refund of the purchase price, simply because the product/device no longer suits them or because it is no longer needed.
A legal exception exists for so-called doorstep selling.
In contrast to European Union law, there is no cancellation right for online purchases in Swiss law.
However, the Albin Group AG grants its customers a 5-working day right of return for products.
There is absolutely no right of return for equipment which has been purchased specifically for the customer.
Packages which have been opened must also be invoiced to the customer for the full amount, even when they have been returned to the Albin Group AG within the 5-day return period.
All liability for direct or indirect damage (in particular, loss of profit and third-party claims) arising from the non-fulfilment of contractual obligations due to the operation or non-operation of the products, devices etc. delivered by the Albin Group AG, is expressly excluded.
Damage to devices
The Albin Group AG accepts no liability for resulting from normal wear and tear, improper handling, poor maintenance, disregard of the operating instructions, excessive use and other reasons which are not named here.
Furthermore, the Albin Group AG rejects all guarantee and liability if the customer respectively purchaser, carries out repairs or changes to the device themselves or through an unauthorised third-party, without the written agreement of the Albin Group AG.
Place of fulfilment, jurisdiction and applicable law for both parties is 8610 Uster.
The ordinary courts in Uster are responsible for legal disputes, unless agreed otherwise. Swiss law is to be used in all cases.
The Albin Group AG have the right to sue the customer in his place of domicile.
Albin Group AG, 8320 Fehraltorf, December 2018