GTC

General Terms and Conditions of Delivery and Payment / GTC

General terms of delivery and payment

1) General information
The following General Terms and Conditions of Delivery apply to all orders placed with K-Profile AG. Deviations and other terms and conditions of the customer are only valid if they have been expressly confirmed in writing by K-Profile AG. The contract is concluded upon receipt of the written confirmation from K-Profile AG (order confirmation). The deliveries and services of K-Profile AG are exhaustively listed in the order confirmation, including any enclosures thereto.

2) Price
The prices of K-Profile AG are EXW – CH-9220 Bischofszell (current Incoterms), exclusive of packaging and VAT.
All ancillary costs such as packaging, freight, insurance, taxes, fees, customs duties, permits, certifications, letter of credit costs, etc. shall be borne by the customer. Abroad FCA – CH-9220 Bischofszell (current Incoterms). If an order is accepted at fixed prices, K-Profile AG shall be entitled to make reasonable price increases in the event of extraordinary circumstances which could not have been foreseen or which were excluded according to the conditions assumed by both parties and which make completion under the agreed conditions excessively difficult. Such price increases must be justified. Price adjustments due to changes in raw material prices remain reserved in any case. The minimum invoice amount is CHF 200, with the exception of cash payments.

3) Molds and tools
Molds and tools shall remain our property and in our possession even in the event of partial or full cost sharing by the customer. We are under no obligation to hand over these molds and tools. However, we undertake to use the molds and tools exclusively for the customer concerned and to handle and store them with care. Costs arising from use and wear and tear shall in any case be borne by the customer. If no repeat order is placed within 5 years, we shall be entitled to dispose of the tools or to destroy them, unless otherwise agreed.

4) Property rights
Trademarks, drawings and projects remain our property. They may not be used, reproduced or passed on to third parties without our express permission. K-Profile AG is entitled to publish the customer-specific product in the K-Profile sales documents (catalog and Internet) without remuneration. Products manufactured according to customer specifications are not checked by K-Profile AG for existing industrial property rights.

5) Delivery period
We endeavor to adhere to stated delivery times. However, our delivery deadlines presuppose an undisturbed production process and are given without guarantee. Claims for damages of any kind due to exceeding the delivery period are excluded. New profile tools: The delivery period according to the quotation begins after receipt of payment for the tool costs and after order confirmation. Initial samples: As unforeseen events can never be ruled out in the development phase of new products, the delivery period for initial samples may be delayed accordingly in the event of problems during the development phase. For production orders: The delivery period begins after receipt of the written order from our customer and after clarification of all commercial and technical factors.

6) Delivery
The goods are delivered in accordance with the conditions of the current Incoterms. Complaints about damage, loss or delay during transportation must be addressed to the transport company.

7) Packaging
Packaging is charged at cost price and cannot be taken back or refunded without express agreement. Standard pallets, frames and lids will be charged in full unless exchanged on collection in Bischofszell. Special returnable containers, such as profile crates, pipes, etc. are provided free of charge for 3 weeks. After expiry of this period, a monthly charge of at least CHF 80 per container will be invoiced. The rental containers must be returned to Franko Bischofszell immediately after emptying. The deposit for returnable racks is CHF 480. If returned within 4 months, the deposit will be credited. If this deadline cannot be met, we will charge a rack rental fee of CHF 30 per month. The costs of the return delivery shall be borne by the customer.

8) Payment
Unless expressly agreed otherwise in writing, the terms of payment “30 days net” shall apply.
After notice of default, we are entitled to charge interest on arrears (usual current account interest rate of the major banks, plus 1%) and reminder fees, with a minimum of CHF 25 per reminder. Failure to comply with our terms of payment releases us from our delivery obligations, but does not release the buyer from his obligation to take delivery. Payment histories may be passed on to third parties.

9) Warranty
If defects in manufacture or material defects are discovered by a prior inspection by K-Profile, which make the goods unsuitable for the intended purpose, the goods will be replaced free of charge, made functional or the invoice amount will be credited at our discretion. It should be noted that any dimensions not tolerated in the approval drawing must comply with DIN 16941, series 3A and 3B at the most. Further claims will not be recognized. The approval of type samples by the customer excludes any later notification of defects. Provided that the delivered products correspond to the approved reference samples.

10) Complaints
Complaints regarding the quantity or quality of the goods delivered by us can only be accepted if they are made in writing within 8 days of the arrival of the consignment. We reserve the right to minor differences in color, as well as excess and short deliveries of up to 10%. Goods may only be returned to us with our prior written consent.

11) Disclaimer
If the final physical, chemical, thermal etc. requirements and conditions of use have not been communicated to K-Profile AG in writing, we exclude any liability. If K-Profile AG has not been notified in writing of the final physical, chemical, thermal, etc. requirements and conditions of use, we exclude all liability on the part of K-Profile AG.

12) Place of jurisdiction
The place of performance and jurisdiction for all parties involved is CH-9220 Bischofszell.

13) Applicable law
The legal relationship shall be governed by substantive Swiss law to the exclusion of the provisions of the Vienna Sales Convention.

K-Profile AG CH-9220 / Bischofszell / Phone +41 (0)71 424 26 40 / Fax +41 (0)71 424 26 49
info@k-profile.com / www.k-profile.com