General Sales Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY BIOGEOMETRY EUROPE AG
- Scope of application
The present General Terms and Conditions of Sale and Delivery (Terms & Conditions of Delivery) apply to any transactionsfor deliveries made by BioGeometry Europe AG (hereinafter referred to as “Supplier”). Any deviating conditions of the customer shall be excluded and shall only apply if expressly accepted by the Supplier and agreed in writing. These Terms & Conditions of Delivery shall also apply to any future business transactions without the need for express reference in each individual case. Should any provision in the present Terms & Conditions of Delivery turn out to be ineffective in part or in total, the parties shall replace such provision by a new provision which comes as close as possible to the original (partially) invalid provision.
- Conclusion and content of the delivery contract
Any offers made by the Supplier shall be non-binding. Any information on the products, in particular the illustrations, information on quality, quantity, packaging, weight, dimension and performance parameters (“properties”) shown in offers and printed material are approximate only and non-binding. The same applies to possible fields of application that may be stated (“use”). A contract is concluded by the Supplier’s confirmation of the customer’s order (“confirmation”). The contents of the contract shall be defined by the confirmation. In case of deviating contents of the confirmation, the confirmation shall be deemed to have been accepted in the sense of a quotation if the customer does not object within 2 days following receipt. Unless otherwise specified in the confirmation, customary deviations in terms of properties, quantity, packaging and use of the delivered goods shall be permitted. In case of samples or specimens, no properties shall be guaranteed.
- Delivery and term of delivery
Only the terms and dates of delivery stated in the Supplier’s confirmation shall be binding. Partial deliveries shall be permitted unless otherwise agreed. If a customer is in default with a liability or if it can be assumed that a customer will not be able to pay, the Supplier shall have the right to retain deliveries until payment has been made. This shall not affect any other claims of the Supplier.
In case of deliveries made within 24 hours, special deliveries within 72 hours, a shorter term of delivery than originally agreed or in case of fixed date transactions the Supplier may demand a surcharge (“delivery date surcharge”).
In case of delayed delivery, the Supplier shall notify the customer without delay. The customer shall grant an appropriate period of grace for delivery. Any claims for compensation on the part of the customer and termination of the contract on account of delayed delivery shall be excluded in case of delays not exceeding 5 working days. The damage caused by delay to be compensated by the Supplier shall be restricted to 0.5% of the value of the delayed delivery or partial delivery for each complete week but must not exceed 5% of the value of the delayed (partial) delivery.
The Supplier shall not be liable for damage caused by force majeure. This includes, among others, operational shutdown, delayed transport, measures taken in case of industrial action, in particular strike and lock-out, as well as delays and faulty deliveries in case of drop shipments and deliveries from third-party stock. In case of impediments to performance for which the Supplier is not responsible delivery may be deferred by the period of the duration of the impediment plus a reasonable response time.
Due to the personal nature of our energy balancing jewerly (BioSignature Jewerly and L Jewerly) these products are final sale.
- Prices and payment
Prices shall not include standard packaging and exclude any statutory value added tax. All transactions shall be based on the freight, insurance, customs and tax rates (“duties”) applicable at the time the order is placed. Any changes to the duties shall be borne by the customer.
Prices shall be ex works. Invoices shall be paid in advance or following the date of invoice, as per terms stated in the confirmation, and without any deductions. Observance of the deadline shall be defined by the time of receipt of payment. Set-off with counterclaims shall not be permitted.
- Warranty and liability
Delivered goods must be inspected by the customer immediately upon receipt.
Delivery shall be deemed to have been accepted unless the Supplier receives a written notice of defects including a justification and evidence within 3 days following receipt of the goods at their destination or, in case of hidden defects, immediately following discovery of the defect. The Supplier shall have the right to inspect the goods if a notice of defects has been issued.
Rejected goods may only be returned with the Supplier’s consent.
In case of justified and timely notice of defects, the Supplier shall remedy the defect at its own discretion either by rectification or by delivering a replacement. In case of failure of the remediation or replacement, the customer may demand reduction of the purchase price or cancel the order. In case of minor defects for which the Supplier is not responsible, the customer shall have no right of withdrawal.
Any warranty claims and claims for compensation of the customer shall be barred 10 days following delivery. Any other warranty or liability, in particular in case of indirect and consequential damage such as loss of profit, savings not achieved or third-party claims, in particular those caused by the Supplier’s agents, employees or auxiliary persons, shall be excluded as far as permitted.
Any agreements between the customer and its purchasers beyond the warranty claims agreed herein shall not affect the Supplier.
- Final provisions
Without the Supplier’s written consent, the customer shall not have the right to assign or to transfer any rights or claims arising from its legal relationship to the Supplier to third parties.
- Applicable law and place of jurisdiction
The courts of Geneva shall have exclusive jurisdiction in case of any disputes arising from or in connection with the present Terms & Conditions of Delivery and business transactions concluded with the customer. However, the Supplier shall also have the right to appeal to the courts at the customer’s place of business.
These General Terms and Conditions of Sales, as well as all our business relations with our clients, are governed exclusively by the laws of Switzerland and the court of Geneva.