Validity of the terms and conditions
Our deliveries, services, and offers are exclusively based on our General Terms and Conditions. Any conflicting terms and conditions of our customers and suppliers are invalid. Any amendment to these General Terms and Conditions is only valid if agreed upon in writing by both parties.
The following conditions apply in detail:
1. Offer and conclusion of contract
We only assume obligations through our order confirmation and in accordance with our terms and conditions of sale and delivery. Any differing terms and conditions or verbal agreements require our written confirmation to be valid. Our prices are ex works, unless otherwise agreed in writing, plus applicable statutory value added tax and packaging, shipping, and transport costs.
2nd delivery
Delivery is at the buyer's or customer's risk and expense, including packaging (if corresponding services have been agreed upon), unless otherwise agreed in writing.
Delivery dates are agreed upon at the time of contract conclusion. No claims for damages can be made for delays beyond our control. If delivery becomes impossible due to circumstances beyond our control, we are entitled to withdraw from the contract.
3. Obligation to inspect delivered goods / Warranty
The buyer or customer must inspect the delivered goods immediately. Any complaints must be reported to us immediately, and the goods must be made available for our inspection. After 14 days from delivery, no claims can be made based on defects, shortages, deviations from the sample, or similar issues. The limitation period for claims based on hidden defects is two months. Hidden defects are defined as those that could not have been discovered even with the most careful professional examination of the goods.
Complaints do not release the customer from the obligation to pay.
Minor deviations in the delivery, particularly in dimensions, surface quality, wood discoloration and knots, only justify complaints if they significantly impair the intended use of the goods.
The technical wood masses are subject to the shrinkage table of the UIC 435-2 standard.
Furthermore, we are not liable for the suitability of the goods for the specific purposes of use of the buyer or customer.
In the case of justified complaints regarding defects, the defects will be remedied free of charge by us or our representative, or, at our discretion, the delivered goods will be replaced.
4. Payment, default interest, withdrawal from the contract
The payment terms are as stated on the order confirmation, or alternatively on the invoice. If no such terms are stated, invoices are payable 10 days after the invoice date. If the buyer (or customer) defaults on payment, we are entitled to charge default interest at a rate of 1% per commenced month or to withdraw from the contract. Default also entitles us to withhold further deliveries until all outstanding payments have been received.
We are entitled to charge a reminder fee of CHF 30.00 for each reminder.
Even before delivery, we are entitled to withdraw from the contract if the buyer has made false statements about his creditworthiness or ability to pay, or has concealed his insolvency.
5. Place of performance, applicable law, jurisdiction
The place of performance for our deliveries and services is the company headquarters of Kayser Paletten AG in Oberdorf NW.
Swiss law applies to the legal relationships with our customers.
The place of jurisdiction is our company headquarters in Oberdorf NW. The Cantonal Court of Nidwalden in Stans has jurisdiction for civil proceedings. However, Kayser Paletten AG retains the right, but is not obligated, to bring legal action before the court at the customer's place of business or residence.
Kayser Paletten AG, 2020
