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General Terms and Conditions of the SWIT UG (Limited Liability) in Neubeuern
I. General Provisions
These terms and conditions apply to all business relationships between SWIT UG (limited liability), Kufsteiner Straße 69, 83026 Rosenheim, Germany hereinafter referred to as the Supplier, and the Customer. By referring to the valid GTC available at dev.switplus.com, they are deemed to be accepted and do not require separate acknowledgment. The current version of the GTC replaces all previous versions for all business transactions.
II. Acceptance of Contract
Orders and purchases become binding only through the Supplier’s order confirmation. This confirmation may also be given implicitly by initiating the delivery process. Changes and additions must be made in writing. Divergent purchasing conditions of the Buyer are only binding if expressly acknowledged by the Supplier.
III. Prices and Payment Terms
All prices, unless otherwise agreed, are ex works and exclusive of VAT. Our invoices are payable immediately upon readiness for delivery or as otherwise agreed in writing. Late payments will incur interest at standard bank rates, commencing from the first day after the payment deadline has been exceeded. Reminders are not required.
IV. Delivery and Acceptance Obligations
If delivery dates have been agreed upon with the Customer, they shall be deemed met with the timely notification of shipment readiness. Partial deliveries and reasonable deviations from the ordered quantity are permitted. If the Customer does not fulfill their acceptance and/or payment obligations within 30 calendar days, the Supplier may independently sell the goods after prior notice. This does not release the Customer from their original contractual obligations.
V. Packaging, Shipping, Transfer of Risk
Unless otherwise agreed, the Supplier shall choose packaging, shipping method, and shipping route at its discretion. The risk for loss/damage passes to the Buyer upon departure from the Supplier’s facility or, in the case of scheduled orders, upon notification of shipment readiness and storage at the Supplier’s premises. Upon the Customer’s written request, the goods can be insured against transport/storage damages or other risks at the Customer’s expense. Shipping costs shall be borne by the Customer unless otherwise agreed.
VI. Retention of Title
All delivered goods (especially sample and consignment goods) remain the property of the Supplier until full payment of the agreed prices and all claims existing at the time of delivery. The goods are provided to the Customer solely on a loan basis until the retention of title is resolved. Resale, pledging, transfer by way of security, withholding for offsetting, or any other transfer to third parties is only permitted with the Supplier’s consent as long as the retention of title exists. The Customer hereby assigns to the Supplier all claims from the resale or transfer of the goods.
VII. Warranty and Complaints
The Supplier guarantees the defect-free condition of the goods in accordance with the applicable laws as of delivery, unless otherwise agreed in writing. Accumulators and batteries, even if they are essential parts of delivered goods, are excluded from the warranty. The warranty is limited at the Supplier’s discretion to repair or replacement of the defective goods. Claims for rescission or reduction are excluded unless the Customer can prove that the defect cannot be remedied by the Supplier. Defects and complaints must be reported in writing within one week of receipt of the goods.
VIII. Service/Contract
The Supplier is free to engage a separate service company to handle returns and/or repairs. The business relationship between the Supplier and the Customer, and the resulting obligations of both parties to comply with these GTC, remain unaffected thereby.
IX. Testing/Rental
If a product test or rental agreement has been concluded, the Customer must ensure the timely return of the rental item. The renter must return the goods in perfect condition and at their own expense. The renter is liable for any repair, maintenance, or cleaning costs incurred during the rental period.
X. Place of Fulfillment and Jurisdiction
The place of fulfillment for the mutual obligations arising from the contractual relationship is the location/business headquarters of the Supplier, here Neubeuern, Bavaria. The place of jurisdiction for all disputes shall be the courts at the Supplier’s headquarters.
XI. Severability Clause
If one or more provisions of these terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected. In such cases, the invalid provision shall be replaced by a valid provision that reflects the economic intent of the original provision.
XII. Shipping Adress
SWIT UG (haftungsbeschränkt), Am Birbet 5, 83115 Neubeuern, Germany.
Effective Date: 09/2020
