GENERAL CONDITIONS OF SALE AND DELIVERY
applies from January 1st, 2012
1. Validity
The
present GCSD apply without reservation to all purchase and service
contracts swissQprint enters into as supplier. Any GCSD of a customer or
third party are superseded by swissQprint ’s GCSD and are therefore not
recognized by swissQprint. Any suspension of, additions, or
modifications to swissQprint’ s GCSD must be made in writing. In the
event any provision herein is found to be invalid, the validity of no
other provision shall be affected.
2. Effectiveness and Scope of a Contract
A
contract between swissQprint and the purchaser shall become effective
only once it is signed by a swissQprint representative. If swissQprint
demands a counter-signature from the purchaser, the contract becomes
valid only with the required signature of the purchaser. SwissQprint’ s
order confirmation shall govern the scope of the contract.
3. Pricing
All
swissQprint pricing is net ex factory and exclusive of all costs of
packaging, freight, insurance, export and import, duties, taxes, and
certification. All such costs are the responsibility of the purchaser.
SwissQprint reserves the right to change prices at any time, even
subsequent to the issuance of aquotation.
4. Payments
The
purchaser shall make all payments in Swiss Francs, if no other
contractually currency is agreed. Applicable payment terms are specified
in the order confirmation.
5. Interest
SwissQprint reserves the right to charge 10% p.a. in interest on all late payments from the due date.
6. Counterclaims
The purchaser shall be prohibited from making any counterclaims against swissQprint in lieu of meeting his obligations.
7. Delivery
The
delivery period begins as soon as the contract becomes effective. The
delivery period may be interrupted, and subsequently restarted, as a
result of events beyond swissQprint’ s control, or by delays in the
purchaser meeting his obligations, or by subsequent changes made to the
order by the purchaser. SwissQprint shall not be liable for any damages
caused by delays in delivery.
8. Retention of Title
Delivered
goods remain swissQprint’ s property until paid for in full. Until paid
for in full, delivered goods cannot be pawned or otherwise encumbered
by the purchaser or any third party.
9. Risk, cost, insurance
The transfer of insurance, risk and cost is defined by the Incoterms.
10. Shipment
SwissQprint
shall determine the best mode of transport. The purchaser must
communicate to swissQprint in writing any complaints concerning damages,
delays, or loss within 8 days from the date of delivery (or the
anticipated date of delivery). In addition, any damages resulting from
transport must be communicated to the shipping company in writing at the
time of delivery and indicated on the delivery documents. If the
purchaser does not comply with these requirements, he/she loses any
rights to compensation.
11. Liability
With the
exception of item 12 below, and unless otherwise prescribed by law,
swissQprint shall not be liable for any personal injury or any property,
incidental, or consequential damages.
12. Warranty
Products
supplied by swissQprint are guaranteed by swissQprint according to the
warranty conditions mentioned below. The warranty period begins on the
date of installation. In case of installation delays not attributable to
swissQprint, the warranty period shall be extended by no more than one
month from date of shipment.
The warranty is limited to defects
in material and workmanship and shall result in repair or replacement of
defective parts at no cost to the purchaser. Any additional costs
arising from expedited delivery are billed to the purchaser. Excluded
from the warranty are any defects caused by, or attributable to,
external factors or unauthorized intervention by third parties. If
warranty service must be performed at the end-user site, the purchaser
shall be liable for all technician travel expenses, including travel
time, working time, transportation, and accommodations.
All
swissQprint products must be installed, repaired, and put in operation
by swissQprint –trained and certified service personnel exclusively.
Ignoring this provision shall result in unconditional voidance of the
warranty.
13. Applicable Laws
Swiss Law shall apply
exclusively with the exception of the UN Agreement of November 4, 1980,
governing contracts concerning the international sale of goods (Vienna
Sales Convention).
14. Place of Jurisdictions
The exclusive place of jurisdiction shall be Widnau (SG), Switzerland.
Warranty conditions
General
Warranty
is only granted if repairs are carried out by swissQprint trained- and
authorised service engineers. Is this not the case any warranty claims
are rejected. Performing warranty service (incl. exchange of parts) does
neither extend the warranty time nor restart the warranty period.
During the warranty period, the customer is entitled only for
replacement parts of an equal value, i.e. factory-refurbished rather
than new parts. Any warranty claims are rejected if the warranty
certificate is sent back to swissQprint later then two months after the
installation.
Warranty overview
Sales articles
12 months
Spare parts
12 months
Exchange parts
6 months
Exchange
parts are refurbished and tested parts. These parts are listed in the
spare part pricelist and marked with an „e“ at the end of the part
number. Example: 610534e
Exceptions
Print heads
12 months or 2000 hours (whichever occurs first). The warranty excludes:
– Physical damage to the print head
– Blocked nozzles due to cured ink
– Nozzles not jetting straight due to cured ink
– Using any ink or cleaning liquid not authorized by swissQprint
– Using expired ink
– Damage the print head with stray light
UV-lamps
500 hours burning time with starts