These GTC apply to all present and future business relationships, in particular deliveries, services and other legal transactions between MAAG MERCURE AG and its customers. Deviating agreements and supplements as well as additional telephone and verbal agreements are only binding if they have been confirmed in writing. We assume the legally valid signing of orders placed with us as a given and insist on the effectiveness of the contracts. The customer's conditions of purchase are hereby rejected. At the latest with the acceptance of the goods, the present General Terms and Conditions shall be deemed to have been accepted. A right of return exists neither for written nor verbal orders.
The information contained in brochures, price lists, catalogues, circulars, other printed matter and on the Internet or in the documents belonging to the offer, such as in particular illustrations, descriptions, technical data and performance descriptions, is non-binding. No liability is assumed for the correctness of technical data and other information in manufacturer's brochures or their or our websites. Technical changes and model changes are reserved. Any deviations are to be accepted as far as they are reasonable for the customer. Our offers are subject to change and non-binding, subject to prior sale.
All prices are quoted exclusively in Swiss francs net, plus delivery and packaging costs, excluding VAT.
MAAG MERCURE AG reserves the right to change its prices at any time. For the products ordered by customers, however, the prices valid on the order date and indicated on the order confirmation and/or the contract always apply. If the prices are updated, all previous offers shall lose their validity.
4. Order confirmation and / or contract
After receipt of the order confirmation and / or the countersigned contract, complaints must be madein writing immediately, at the latest within one week.
MAAG MERCURE AG supplies customers worldwide. As a rule, delivery is made against open account and at the expense and risk of the customer, ex warehouse of MAAG MERCURE AG by post, parcel service or forwarding agent. The risk shall pass to the customer upon leaving the warehouse.
The delivery must be inspected immediately upon receipt for completeness, damage and freedomfrom defects. Goods may only be returned in their original packaging and after prior agreement with MAAG MERCURE AG and with its express consent.
b) Delivery dates and deadlines
Delivery dates will be met as far as possible, but are not binding. In the event of non-compliance with delivery dates and deadlines, the assertion of any claims for damages against MAAG MERCURE AG, whether for direct or indirect damages, or for direct or indirect damages, shall be expressly excluded.
The orders placed shall be carried out subject to timely and sufficient delivery by upstream suppliers. Should the delivery of the goods be delayed, the customer must grant us a reasonable grace period.
Timely dispatch of the goods is sufficient for compliance with the grace period. We are entitled to make partial deliveries, in particular for larger orders.
Force majeure or other unforeseeable obstacles, regardless of whether they occur at MAAG MERCURE AG or a pre-supplier, such as operational disruptions, official interventions, delays in the delivery of goods, other incorrect or punctual self-delivery shall release MAAG MERCURE AG from its obligation to deliver for the duration of their effect and, in the event of impossibility, fully from its obligation to deliver. If delivery becomes subsequently impossible due to the aforementioned or similar events, MAAG MERCURE AG shall be entitled to withdraw from the contract. Claims for damages cannot be asserted in this case. If the customer refuses to accept the goods ordered or ordered or does not have the agreed means of payment available upon delivery, he is in default of acceptance.
The customer is obliged to accept the delivery or have it accepted by an authorised representative.
In the event of non-acceptance, MAAG MERCURE AG can set a grace period of ten days with the stipulation that MAAG MERCURE AG is entitled to withdraw from the contract after the unsuccessful expiration of the grace period and can claim damages for non-performance. The compensation for damages includes all expenses incurred by MAAG MERCURE AG in connection with the execution of the legal transaction as well as its loss of profit.
7. Terms of payment
As a rule, deliveries and services are made against outstanding invoices payable within 30 days net.A different method of payment is reserved, in individual cases cash on delivery will be made. In the even of late payment, interest on arrears of up to 5% of the purchase price may be charged. From the second reminder a reminder fee will be charged.
8. Retention of property rights
All deliveries are made exclusively under retention of title. The delivered goods remain the propertyof MAAG MERCURE AG until full payment has been received.
9. Guarantee (Warranty)
The respective warranty period can be found in the corresponding invoice. If no other warranty period is expressly stated on the invoice, the warranty period shall be 24 months from the date of delivery. The warranty only covers the repair of defects caused by material and/or manufacturing defects and does not extend or restart the warranty period. The parts replaced at MAAG MERCURE AG become the property of MAAG MERCURE AG.
Improper use, operation of the device with or use of operating materials or production materials (especially envelopes, paper, printed matter, etc.) that are not in conformity with the device, transport or maintenance by third parties, non-compliance with operating and installation regulations, improper use of the product, use of unauthorised parts and accessories, natural wear and tear, storage and incorrect handling, unauthorised intervention and the opening of devices will result in the warranty claim becoming void. There is no warranty claim for any replacement equipment made available.
10. Complaints and liability
The liability of MAAG MERCURE AG is governed by these General Terms and Conditions and, where applicable, by the service contracts supplementing these.
All claims not expressly conceded herein, including claims for damages, irrespective of the legal basis and irrespective of whether for direct or indirect as well as for direct or indirect damage, are excluded, unless they are based on at least grossly negligent breach of contract by MAAG MERCURE AG, a legal representative or vicarious agent.
Notices of defects must be received by MAAG MERCURE AG immediately, at the latest 8 days after arrival of the goods at the place of destination, in writing and specified. Defects which cannot be discovered within this period even after careful inspection must be reported in writing immediately after discovery but no later than the expiry of the individual warranty obligation. In the event of a delayed notice of defects, all warranty rights shall be forfeited.
In the event of a justified notice of defect, MAAG MERCURE AG shall be entitled to choose between rectification, rescission or reduction. Beyond this, there are no further claims against MAAG MERCURE AG, in particular no claims for damages or replacement equipment due to direct or indirect as well as direct or indirect damage. The customer shall be obliged to deliver the defective goods to MAAG MERCURE AG at its own expense for the purpose of the remedial action selected by MAAG MERCURE AG. If the rectification is carried out outside the premises of MAAG MERCURE AG, the guidelines concluded in accordance with the separate service contract shall apply first and foremost; in the absence thereof, the customer shall be obliged to pay the travel expenses incurred.
In order to assert a warranty claim, it is necessary that defective goods and an exact description of the defect with indication of the model and serial number and a copy of the original invoice are sent or delivered to MAAG MERCURE AG.
11. Other liability, damage claims
There is no liability for loss of profit or savings. Claims for damages of the customer, for whatever legal reason, are excluded. In particular, claims due to loss of production, pure financial losses, costs of third parties, non-fulfilment of the customer's expectations of the system, etc. are excluded from liability.
12. Services and support
The respective scope of the services offered can be seen from the corresponding additional service contracts concluded with our sales partners.
13. Data protection and privacy
MAAG MERCURE AG is entitled to process the data about the purchaser received with regard to the business relations or in connection with these, regardless of whether these originate from the purchaser himself or from third parties, in accordance with the Federal Data Protection Act. Personal customer data will be treated confidentially.
14. Other regulations
MAAG MERCURE AG reserves the right to amend these General Terms and Conditions at any time.The customer will be informed of any changes in a suitable manner. Otherwise, the provisions of the Swiss code of obligations shall apply.
15. Place of performance and jurisdiction
Place of performance for the delivery and for all obligations of the customer is the registered office of MAAG MERCURE AG. The place of jurisdiction for all disputes arising from the business relationship between MAAG MERCURE AG and its customers is expressly agreed to be CH-8134 Adliswil.
16. Partial invalidity
Should individual regulations in these general trading conditions be ineffective, the effectiveness of the remaining regulations remains unaffected by it.