1. Our offers are non-binding. The customary color, surface and thickness tolerances remain reserved.
2. Delivery times are only approximate, unless we have designated them in writing as binding.
3. a) We are entitled to partial deliveries. Each partial delivery can be invoiced separately.
b) Minimum order value is 50.-, the invoice amount may be lower than Fr. 50.- if Sound M. Keller is in default with the parts you have ordered.
4. Force majeure, breakdowns, strikes or other impediments for which we or our suppliers are not responsible, exempt us from the obligation to deliver for the duration of the disruption and its consequences.
5. Our prices are ex stock Sound M. Keller in Villigen, plus freight and packaging. If we generally raise or reduce our prices in the period between the conclusion of the contract and the delivery of the goods, the price valid on the day of delivery shall apply unless otherwise agreed.
6. Shipping is at our discretion. Additional costs for express shipments are always borne by the customer. The risk passes to the customer as soon as we have handed over the goods to the carrier.
7. If the goods are manufactured and delivered on the basis of drawings or other information provided by the customer (custom-made products) and if third-party property rights are violated, the customer is obliged to indemnify us from all claims of third parties and from any legal defense.
8. Our invoices are payable net within 30 days. Payments are only deemed to have been made in the amount we can freely dispose of at the bank. Bank and bill charges are charged to the customer. In the event of late payment, we charge default interest in the amount of the lending interest of our bank at the time of the debt. If the customer discontinues his payments or if settlement or bankruptcy proceedings are filed against his assets, we are entitled to demand payment in advance or other securities. The customer may only offset against our claims with undisputed or legally established counterclaims. In particular, he is not entitled to withhold or reduce the payments of due invoice amounts in case of complaints of the goods.
9. We reserve the ownership of the goods delivered by us until the customer has settled all claims from the business relationship with us. When processing or combining with other goods, we acquire co-ownership of the manufactured goods. The customer assigns his claims from resale of the reserved values in advance to us as a precaution. If the realization of our claims appears to us to be at risk, the customer must, on request, enable us to take back the goods subject to retention of title or notify the claim to his customers and provide us with all necessary documents. The withdrawal of reserved goods does not constitute a withdrawal from the contract.
10. Defects of the delivered goods as well as quantity deviations or wrong deliveries are to be communicated to us in writing no later than 5 days after receipt of the commodity, with hidden deficiencies immediately after discovery. If the deadline is exceeded or the delivered goods are handled or processed improperly, all claims for defects expire. The right to revoke expires in any case 6 months after receipt of the goods. In case of legitimate complaints, we will deliver shortages, or at our option take back the goods, exchange or grant the customer a reasonable price reduction. If a replacement delivery also shows defects, the customer can return the goods or possibly claim a price reduction.
11. Claims for damages against us only arise if a damage has been caused by us intentionally or through gross negligence. Our liability is limited to the damage foreseeable as a result of this error. Further claims for damages are expressly excluded.
12. Place of fulfillment for deliveries and payments is Villigen (Switzerland).
13. Price changes reserved. Technical changes by the manufacturer are possible and can be introduced without prior notice. Technical data and sketches in the price lists are purely for information and are not binding.
14. Jurisdiction is determined by us. Applicable is Swiss law.
Sound M. Keller