General Conditions of Sale and Delivery
Applicable as of 1st December 2017
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 Any GCSD of a customer or third party are superseded by swissQprint’s GCSD and are therefore not recognized by swissQprint.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. Unless swissQprint receives the countersignature within three working days, delivery may be delayed. swissQprint’s order confirmation shall govern the scope of the contract.
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 a quotation.
The purchaser shall make all payments in Swiss Francs, if no other currency is contractually agreed. Applicable payment terms are specified in the order confirmation.
swissQprint reserves the right to charge 10% p.a. in interest on all late payments from the due date.
The purchaser shall be prohibited from making any counterclaims against swissQprint in lieu of meeting their obligations.
The delivery period begins as soon as the contract becomes effective. In the event of swissQprint agreeing to subsequent changes to the delivery, the delivery period shall start again. swissQprint shall not be liable for any damages caused by delays in delivery. Delays in delivery do not entitle the customer or third party to withdraw from the contract. swissQprint shall be released from their obligations in relation to delivery periods in all cases of force majeure, including in particular unforeseen events during the manufacturing or distribution process due to circumstances beyond their control, e.g. delayed deliveries of raw materials or other products, boycott, lock-out, strike, etc., either at swissQprint’s own establishments, or at their suppliers or transport companies. In any such event, neither the customer nor third party has the right to withdraw from the contract and/or to claim damages.
8. Retention of Title
swissQprint shall retain legal ownership of all delivered goods until they are paid for in full, including all related costs and charges. swissQprint is entitled to register the retention of title. In the event of either goods being seized by a third party or any other infringement of swissQprint’s property rights, the customer or third party is obliged to notify swissQprint immediately. In the event of a resale of the goods, all proceeds of said resale are deemed to be assigned to swissQprint in advance and without prejudice to any further claims by swissQprint.
9. Risk, cost, insurance
The transfer of insurance, risk and cost is defined by the Incoterms.
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, they lose any rights to compensation.
11. Force majeure
swissQprint shall not be liable for events of force majeure that significantly hamper swissQprint’s performance of the contract, temporarily impede such performance or render it impossible.
All circumstances that are independent of the will and influence of the contracting parties such as natural disasters, political influences, blockades, war and other military conflicts, terrorist attacks, strikes, lockouts and other industrial unrest, confiscation, embargoes or other unforeseeable, serious circumstances that are not the fault of the contracting parties and which arise after the conclusion of the contract shall be deemed to constitute force majeure.
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.
The customer, third party or receiver of the goods is obliged to inspect these immediately. Failing to do so, or to notify swissQprint in writing of any defects within eight days of receiving the goods, exempts swissQprint from all seller’s warranties.
Products supplied by swissQprint are guaranteed by swissQprint according to the warranty conditions mentioned below. The warranty period begins on the date of installation as confirmed by a signed acceptance report returned to swissQprint. 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. With all other products the warranty period starts from the date of invoice.
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. Neither production downtimes caused by machine dysfunction will be compensated nor related indirect cost (consumables, ink, printed substrates, labour, transport etc.).
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 accommodation. 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.
14. 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).
15. Place of Jurisdictions
The exclusive place of jurisdiction shall be Kriessern (SG), Switzerland.
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.
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
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
- Use of any ink or cleaning liquid not authorized by swissQprint
- Use of expired ink
- Damage of the print head by stray light
- Nozzle failures caused by inadequate environmental conditions
LED lamps: 5 years or 10,000 hours (whichever occurs first)
Mercury vapour lamps: 500 hours burning time including starts