T&Cs
1. validity of the general terms and conditions
All deliveries, services and offers of BVS Verpackungs-Systeme AG are made exclusively on the basis of these General Terms and Conditions. They shall also apply to all future transactions, even if they are not expressly agreed again. Upon conclusion of the contract, at the latest upon acceptance of the goods or services, the customer accepts the General Terms and Conditions of BVS Verpackungs-Systeme AG. Counter-confirmations by the customer with reference to his terms and conditions of business, purchase or sale are hereby rejected. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if BVS Verpackungs-Systeme AG is aware of them and/or does not object to them, unless their validity is expressly agreed to in writing in advance for each individual contract. The contractual language is German, unless expressly agreed otherwise.
2. terms of payment
Net within 30 days of the invoice date. In general, the terms of payment specified in the offers or order confirmations shall apply.
3. reservation of title
The material supplied by us shall remain our property until full payment has been made. The customer is obliged to cooperate in measures required to protect our property.
4. delivery time
The stated delivery periods shall be adhered to as far as possible and are non-binding unless expressly agreed otherwise. Our contractual obligations are subject to our own correct and timely delivery by our suppliers.
The delivery period shall be extended appropriately:
- if we do not receive the information we require for the execution of the order in good time or if the customer subsequently changes it and thus causes a delay in delivery
- if obstacles arise which we cannot avert despite exercising all due care, such as epidemics, mobilization, war, riots, strikes, lockouts and lockouts, significant operational disruptions, accidents, industrial disputes, delayed or defective delivery of the necessary raw materials, semi-finished and finished products, rejection of important workpieces, official or other measures of any kind, transport obstacles, natural disasters
- if the customer fails to make the agreed down payments on time, the delivery date shall be delayed by the amount of the delay in receipt of payment.
- if the customer is in arrears with the work to be carried out by him or is in default with the fulfillment of his contractual obligations, in particular if he does not comply with the terms of payment
5. inspection and acceptance of the delivery
The inspection of the delivery prior to shipment shall be carried out at our expense within the scope of our relevant inspection provisions. Further tests must be agreed separately upon conclusion of the contract and shall be at the expense of the customer.
The customer must inspect the delivery within 8 days and notify us immediately in writing of any defects for which we are responsible on the basis of our contractual obligations; if he fails to do so, the delivery shall be deemed to have been approved.
6. packaging
The packaging shall be charged separately by us and shall not be taken back. However, if it has been designated as our property, it must be returned to us carriage paid.
7. transfer of benefit and risk
Benefit and risk shall pass to the customer at the latest upon dispatch of the delivery ex works, even if the delivery is made carriage paid, cif, fob, under similar clauses or including assembly, or if the transport is organized and managed by us. If dispatch is delayed or made impossible for reasons for which we are not responsible, the delivery shall be stored at the customer's expense and risk.
8. transportation and insurance
Special requests regarding shipment and insurance must be communicated to us in good time. Transportation shall be at the expense and risk of the customer. Complaints in connection with transportation must be addressed by the customer to the last carrier immediately upon receipt of the delivery or the freight documents.
Insurance against damage of any kind is the responsibility of the customer. Even if it is to be procured by us, it shall be deemed to have been taken out on behalf of and for the account and risk of the customer.
9. assembly
If we or our suppliers also undertake the assembly, our or the supplier's general terms and conditions of assembly shall also apply.
10. legal warranty
During the statutory warranty period (24 months for 8-hour operation), we undertake, at the written request of the customer, to repair or replace as quickly as possible, at our discretion, all parts of our delivery that are proven to be defective or unusable on delivery as a result of defective material, faulty design or poor workmanship. All wearing parts and consumables are excluded from this, unless they are covered by the warranty itself. Replaced parts shall become our property.
We shall only bear the costs arising from the repair or replacement of defective parts. If the defective parts can be repaired or replaced for reasons for which we are not responsible, all resulting additional costs shall be borne by the customer. Further rights of the customer due to defective delivery, in particular compensation for damages and withdrawal from the contract, are excluded. The warranty shall commence upon delivery or upon completion of assembly if we have undertaken to do so. Excluded from the warranty are damages due to natural wear and tear, defective maintenance, disregard of operating instructions, unqualified operation, excessive use (multi-shift operation), unsuitable operating materials, defective assembly work not carried out by us, as well as due to other reasons for which we are not responsible. The warranty shall lapse if the customer or third parties carry out modifications or repairs to the delivery complained about without our consent or if the customer does not immediately take suitable measures to prevent the damage from becoming greater or consequential damage from occurring.
We shall only assume the warranty for third-party deliveries within the scope of the subcontractor's obligations.
11. warranty of machines as a gesture of goodwill
Wearing parts and consumables are generally excluded from warranty and guarantee. The duration and warranty services must be mutually agreed in the purchase contracts, otherwise there are no warranty services.
12. offers
Quotations that do not include an acceptance period are non-binding.
13. conclusion of contract
The contract shall be deemed concluded when we have confirmed your acceptance in writing after receipt of an order. Verbal agreements are valid if they have been confirmed in writing.
14 Scope and execution of the delivery
Our order confirmation is decisive for the scope and execution of the delivery. Any material or services not included therein shall be invoiced separately.
15 Technical documentation
Technical documents such as drawings, descriptions, illustrations and the like as well as any weight specifications are only approximate unless they have been expressly designated as binding; we reserve the right to make any changes that appear necessary.
16 Confidentiality and intellectual property
We retain all intellectual property rights and copyrights. The provision of documents and information does not give the customer any exploitation rights to these and must be treated confidentially. We expressly and exclusively reserve the right to apply for intellectual property rights to the inventions and designs contained in the documents.
All documents relating to offers that do not result in an order must be returned to us on request.
17. regulations at destination
The customer must draw our attention to the statutory, official and other regulations which must be observed in the performance of the contract.
18. prices
Our prices are quoted net ex works, without packaging, in freely available Swiss francs, without any deductions. All ancillary costs such as the costs of packaging, freight, insurance, export, transit, import and other permits as well as certifications and bank guarantees shall be borne by the customer. The customer shall also bear all types of taxes, levies, fees and customs duties.
If we have included the costs for packaging, freight, insurance and other ancillary costs in our quotation or delivery price or shown them separately in the quotation or order confirmation, we reserve the right to adjust our rates accordingly in the event of changes to the rates.
Price adjustments shall be made after conclusion of the contract insofar as
- sliding prices have been agreed.
- the delivery period is subsequently extended for one of the reasons stated in the section on delivery periods.
- the scope of the agreed deliveries or services.
- because the documents provided to us by the customer did not correspond to the actual circumstances or were incomplete.
19. liability
We undertake to carry out the delivery in accordance with the contract and to fulfill our warranty obligations. Any further liability towards the customer for
any damage or other operational losses are excluded.
Contractual penalties are generally rejected.
20. place of fulfillment
The place of performance is generally Urdorf, even if the delivery is made carriage paid, cif, fob or under similar clauses. If we are also responsible for assembly, the place of installation shall only be the place of performance with regard to our assembly obligations.
21. data protection
The privacy policy of BVS Verpackungs-Systeme AG applies with regard to data protection. The user acknowledges the privacy policy. By accepting these GTCs, the user also agrees to the provisions of the privacy policy.
22. customer audits
Due to our ISO-9001 certification, we are audited annually by a specialist body. Customer-specific internal audits are generally possible with us; we charge the following flat rates for our expenses:
½ day = CHF 800 / 1 day = CHF 1,500 / subsequent days = CHF 1,000
23 Place of jurisdiction and applicable law
The exclusive place of jurisdiction is Urdorf or, at our discretion, the domicile of the customer or any other legal place of jurisdiction.
In the event of any disputes, Swiss law shall apply exclusively, to the exclusion of private international law.