General Terms and Conditions
1. Scope
These General Terms and Conditions (AGB) apply to all deliveries, services and offers of BVS Verpackungs-Systeme AG (BVS). Deviating terms and conditions of the customer are not accepted, unless BVS explicitly agrees to them in writing.
2. terms of payment
Unless otherwise agreed, invoices must be paid in full, net, without deduction, within 30 calendar days from the date of invoice.
A discount is not possible.
In the event of default in payment, we are entitled to charge interest at 5 % % per annum and to invoice all related reminder, collection and legal costs.
Delays in payment entitle us to withhold deliveries and services until full payment is received.
3. reservation of title
BVS is entitled to establish a retention of title on the delivered goods until the relevant claim is fully paid and to have this entered into the retention of title register at the expense of the purchaser.
A pledge or assignment of security by the purchaser is inadmissible.
In the event of resale, the customer is already liable to us for all claims arising from this. We hereby accept this assignment.
In the event of late payment, we are entitled to reclaim the goods without the contract being terminated.
4. Delivery times and delays
Delivery deadlines are considered non-binding unless explicitly confirmed in writing as binding.
Our delivery obligation is subject to the proviso of timely and proper self-supply.
Delivery times are extended appropriately when:
- force majeure (e.g. natural disasters, epidemics, strikes, government measures, etc.)
- absence of the buyer's involvement (e.g., delayed releases, documents, deposits)
- any subsequent changes made by the customer
Claims for damages due to late delivery are excluded, unless intent or gross negligence can be proven on our part.
5th inspection and acceptance
The customer is obliged to inspect the delivery within 8 calendar days of receipt and to report any visible defects in writing.
If a timely notice of defect is not submitted, the delivery is deemed approved.
6. packaging
Packaging costs are calculated separately and are non-refundable unless the packaging is explicitly marked as our property. In that case, it can be returned free of charge.
7. Transfer of risk
The benefits and risks are passed on to the buyer upon delivery from the factory, even for freight-free or insured delivery.
In the event of shipping delays due to reasons beyond our control, storage will be at the customer’s expense and risk.
8. transportation and insurance
Transport always takes place at the risk of the customer, even if it is organised by us.
Insurance is provided only upon express request of the purchaser and at their expense and risk.
9. Assembly services
When taking on assembly services, our assembly terms apply in addition; these become part of the contract.
10. Warranty
The warranty period is 24 months for single-shift operation (8 hours/day).
It exclusively covers the repair or replacement of defective parts of our choice.
The following are excluded from the warranty:
- Wear parts and consumables
- Damage resulting from improper operation, maintenance or overload
- Interventions by third parties or the customer without our consent
Further claims, in particular compensation for damages or withdrawal from the contract, are excluded, insofar as legally permissible. Claims for intentionally concealed defects remain reserved.
11. Guarantee (good faith)
Warranty claims are only valid if they have been explicitly agreed in writing.
Wear parts and consumables are excluded from any warranty.
12. offers
Offers without a deadline for acceptance are considered non-binding.
13. conclusion of contract
A contract will only come into effect with our written order confirmation.
Oral agreements require written confirmation for their validity.
14 Scope and execution
The subject of the contract is exclusively the scope described in the order confirmation.
Services or material deliveries not listed are charged separately.
15 Technical documentation
All technical documentation, drawings, weight or mass specifications are non-binding unless explicitly stated as binding.
Changes are reserved.
16. Confidentiality and intellectual property
Our property and intellectual property rights remain in effect with regard to the technical documents, drawings and other protected work results created by us.
You may only reproduce or make the information accessible to third parties without our written consent, insofar as this is necessary for the purpose of the contract or legally required.
The return of unused documents can be requested at any time.
17. regulations at destination
The customer is responsible for ensuring compliance with all legal, technical and regulatory requirements at the destination of the delivery.
We accept no liability for this.
18. prices
Our prices are net ex works, excluding packaging, transport, insurance, duties and taxes. Price adjustments are reserved, especially for:
- Change in delivery deadlines due to reasons attributable to the customer
- Changes in circumference
- incorrect or incomplete information provided by the purchaser
19. liability
We are solely liable for damages arising from intentional or grossly negligent breaches of contract.
To the extent permitted by law, liability for indirect damages, consequential damages or lost profits is excluded.
Conventional penalties are generally not accepted.
20. place of fulfillment
The place of performance is Urdorf, even if delivery, transport or assembly take place elsewhere.
21. data protection
The current privacy policy of BVS Verpackungs-Systeme AG applies.
Information on the processing of personal data can be found in the BVS privacy policy that is currently in effect.
22. customer audits
Internal audits by customers are possible after prior agreement, provided there is a legitimate interest in doing so and BVS’s legitimate confidentiality and security interests are safeguarded.
The reasonable effort resulting from this will be charged to BVS according to the rates previously communicated or agreed upon.
23 Place of jurisdiction and applicable law
The exclusive place of jurisdiction is Urdorf (CH), or, at our choice, the place of the buyer’s registered office.
Only Swiss substantive law applies, excluding the UN Sales Convention (CISG).
24. Main linguistic version
These General Terms and Conditions were created in German. In the event of discrepancies or contradictions between the German version and a translation, the German version shall prevail exclusively.
