General Conditions of Sales and Delivery of Argomedical AG / Cham Switzerland

Valid as of 01.05.2018

All orders are executed according to these General Conditions of Sales and Delivery.
The German version is the original. The following General Conditions are accepted by the parties if no other conditions are explicitly agreed upon in writing.

All offers are non-binding and subject to delivery possibilities and prior sales. Binding delivery dates have to be confirmed in writing.

A contract is concluded by our written confirmation of the order or by delivery of the goods. Verbal agreements are valid only after our written confirmation.

All prices are ex works, exclusive V.A.T., insurance, packaging and transportation. We reserve the right to alter prices without prior notification.

Delivery dates
The dates for delivery are estimated. In cases of force major (including problems of our subcontractors) delivery dates are not binding. In these cases we can withdraw from the contract or deliver at a later date. These cases exclude claims for damage by the customer.

Partial deliveries are possible. They will be invoiced and have to be paid accordingly. This does not entitle the customer to hold back any payments or make any claims.

The cancellation of confirmed orders or/and call orders by the customer is possible only with our written approval.

The shipment is at cost and risk of the customer. We have no obligation to insure the goods. If the customer requires insurance, he will have to assume all costs.

Custom made products
Custom made products cannot be returned. Orders for custom made products can be cancelled only if production has not started yet. Cancellations have to be accepted by us in writing.
Samples, drawings and other information made available to us don't have to be checked for intellectual property rights. The customer takes full responsibility. We remain owner of the tooling, even if the customer has participated at these costs.

Complaints of all kind must be made in writing within 10 days of receipt of the goods. We cover for mistakes caused by us by exchanging the goods or correcting them free of charge, excluding further claims or liability for damages, as far as allowed by law. The customer cannot return all goods if only a part is damaged. Goods can be returned only after our prior written approval.

On all our invoices - for partial delivery too – the terms of payment are stated and have to be respected. Transaction fees have to be assumed by the customer. If invoices are not paid on time, the unpaid amount shall accrue interest at a rate of 2% above the interest rate for credits of the UBS AG. For new business relations, prepayment or confirmed, irrevocable letter of credit can be required.

All products remain our property until all our claims are fully satisfied and invoices fully paid. If such goods have been resold all of these claims are transferred to us.

Support material
Support material such as catalogs, brochures, lists, drawings, etc. remain our property and can be claimed back at any time. Without our written approval, our support material may not be copied or made available to unauthorized persons or competitors.
In case of abuse of our support material we reserve the right to take legal actions. Illustrations and dimensions in the support material are not binding. We reserve the right of alteration.

Place of jurisdiction
Place of jurisdiction and performance for delivery, payments and all legal claims is Zug. This is also valid for checks and bills receivables. All business relations between the parties are governed exclusively by Swiss law.