Swiss Electronic Solutions Group SA general terms and conditions of sale / May 2024 edition – Index 00/2024
Terms and conditions for services of Swiss Electronic Solutions Group SA
1. Scope
These terms and conditions apply to our offers and order fulfilment. They are valid provided no other conditions are expressly agreed. If the buyer intends to apply other general terms and conditions to the order that deviate from these terms and conditions, they will only be valid if we give our consent in writing.
2. Validity of offers
The prices and dates indicated in our offers are valid if they are accepted immediately or if orders are placed during any option period. This will be three months unless otherwise expressly indicated. We are only bound by an offer or order once we have formally confirmed it.
3. Prices
Prices are understood to be in Swiss francs or another expressly indicated currency, ex works, excluding packaging, shipping and insurance costs and any other charges. Our offers are exclusive of VAT.
4. Payment terms
Our invoices are payable 30 days in the invoice currency, net of any deductions. In case of a claim, only the payment corresponding to the value of the products in question may be deferred. In case of payment by cheque or bill of exchange, the payment date is that on which the payment is collected. In case of late payment, we are authorised to refuse any new delivery or to request advance payment or security to cover the value of the new delivery and the amount already due.
5. Packaging
Packaging is invoiced at cost price. The same applies to PCBs and protective boxes and anti-static packaging (if necessary). The choice of packaging does not render us liable unless the customer has given specific instructions.
6. Shipping and transfer of risks and benefits
The customer must pay the shipping costs. Goods are delivered to the forwarding station or a carrier at the customer’s risk. The same applies if the delivery is CPT (consignee). The risks and benefits of the goods ordered are transferred to the customer when they are collected by the carrier. Transport insurance may only be taken out at the express request and expense of the customer.
7. Delivery deadline and delivery delays
Delivery deadlines are indicated ex works from the date of order confirmation provided that, on this date, the customer has supplied all the information necessary for manufacturing to take place, as well as all the components it is required to provide. Failing this, the delivery will be further delayed. Partial deliveries are permitted. Should these delivery deadlines be exceeded, the customer is not entitled to any claim concerning compensation or performance. If the agreed deadline is exceeded, the customer may cancel the order after having notified Swiss Electronic Solutions Group SA by registered letter granting the latter twenty days to act. If the failure to deliver is due to a fortuitous or force majeure event, the customer is not entitled to withdraw from the contract once the 30-day grace period set by registered letter of notification has expired.
8. Performance
Orders must be accompanied by parts lists, layout plans (for PCBs) and diagrams for control cabinets and devices, as well as models wherever possible. These detailed and up-to-date documents should indicate the specifications, tolerances and special instructions in terms of performance and checking. Performance must be in line with this documentation, which will prevail, even if it differs from the model which may have been provided.
If an electrical test is requested, this will be conducted in accordance with the test protocol provided and validated by the customer.
The electrical test conducted will not guarantee any parameter or value concerning operation of the product other than those set out in the test protocol provided by the customer.
Any testers or measuring devices provided by the customer should be accompanied by a certificate of approval or a declaration of conformity from the customer.
For particularly complex products, a visual inspection will be carried out without an express request from the customer. However, this inspection does not guarantee that each value and position will match exactly. Standard samples will be provided on request, but series production runs will proceed unless the customer specifies otherwise.
Any duly documented modification requests or documents modified in the interim by the customer for series which have already been manufactured must be sent to us in writing so our internal files and any programmes can be adapted. If new specifications require modifications to tooling, programmes or working times, these will be invoiced.
9. Products supplied by the customer
Swiss Electronic Solutions Group SA’s inspection of the hardware supplied by the customer does not in any way release the latter from its obligation to provide its own components in perfect condition and in line with the supplied documentation. Components such as diodes, resistors, capacitors and low power transistors must be supplied in strips, unless otherwise agreed in writing before the order is confirmed. We reserve the right to change the price and delivery deadlines if the components supplied are non-compliant or poorly packaged. Swiss Electronic Solutions Group SA accepts no liability for faults caused by failure of components supplied by the customer.
10. Warranty
Swiss Electronic Solutions Group SA offers a one-year warranty on delivered products, from the date stamped on the product or, in the absence of a stamp, from the product’s invoice date.
The warranty will be void if the delivered items have been opened, damaged or altered by a third party.
11. Scope of the warranty
If faults covered by the warranty are proven, Swiss Electronic Solutions Group SA will either repair or replace the product free of charge. If the product cannot be repaired or replaced, Swiss Electronic Solutions Group SA will refund the price to the customer. All other claims are excluded.
12. Liability
Swiss Electronic Solutions Group SA accepts no liability for any damage, whether direct or indirect, resulting from a delay or non-performance outside of the commitments specified in points 7, 10 and 11 of these terms and conditions of sale. Any claim exceeding the price of the delivered product is expressly excluded.
Swiss Electronic Solutions Group SA accepts no liability concerning the product, insofar as the applicable legal requirements allow. It is the customer’s responsibility to notify its own co-contractors of this and to obtain appropriate insurance as required.
13. Fault reporting
All fault reports must be submitted in writing within fifteen days of delivery. Fault reports must be detailed and accompanied by samples of components deemed defective. In the case of faults that cannot be detected by a thorough inspection of the product, faults must be reported within fifteen days of their discovery.
14. Third party intellectual property rights
In placing orders based on models or diagrams it has provided, the customer agrees to bear all costs that may result from any associated breaches of third party intellectual property rights.
15. Settlement of disputes
The parties will seek amicable settlement of any disputes that may arise between them. Should the parties fail to agree, only the courts having jurisdiction over the registered office of Swiss Electronic Solutions Group SA shall be deemed competent. The provisions of Swiss law shall apply.