General terms and conditions
1. General information
All business transactions with HVI-TEC Luescher are carried out according to the following terms and conditions, unless otherwise expressly agreed in writing in individual cases.
2. Conclusion of contract
Our offers are basically subject to change and non-binding. An order has only come about through our order confirmation or with the delivery of the goods.
The prices are net prices and do not include the statutory value added tax applicable at the time. The prices are subject to change. We reserve the right to make short-term adjustments in the event of significant price changes by our suppliers.
4. Terms of delivery
HVI-TEC Luescher undertakes to deliver within the mentioned delivery period if possible. You undertake to accept the delivery within the time frame.
Deliveries of goods shall be made against cash on delivery or cash in advance at our discretion. Excluded are: Industry, banks, insurance companies and authorities. For these applies: payment within 14 days with 2% discount or within 30 days net. Repair and service invoices are payable within 30 days net.
The warranty is based on the respective warranty obligations of the upstream suppliers, so that the guidelines contained in the above-mentioned “General Terms and Conditions of Delivery” essentially also apply here.
In the case of warranty services, the customer must provide proof in the form of a copy of the invoice.
Claims for damages of any kind, including claims for indirect damages, are excluded. The liability of HVI-TEC Luescher is excluded if an insurance policy taken out by HVI-TEC Luescher occurs in accordance with the conditions. For third-party products and services, our liability is limited to the assignment of warranty claims that we are entitled to against the supplier of the third-party products and services. This shall also apply for exceeding the delivery time or in the event of non-delivery. In case of non-delivery, the customer has the right to withdraw from the contract or to terminate it.
8. Retention of title
The delivery is made until the remaining payment of all claims, including future claims arising from the business relationship, including ancillary claims, in the case of bills of exchange or cheques, until they have been honoured under reservation of title in favour of HVI-TEC Luescher. This also applies if individual claims are included in current invoices and the balance is drawn and acknowledged.
The claims of the customer from the resale of the goods subject to retention of title are already now assigned to HVI-TEC Luescher. The assigned claim serves as security for HVI-TEC Luescher only in the amount of the value of the respective sold goods subject to retention of title.
The customer is only entitled and authorized to resell and sell the goods subject to retention of title in the ordinary course of business under the condition that the purchase price claim from the resale in the above-mentioned sense is transferred to HVI-TEC Luescher.
The customer is not entitled to dispose of the goods subject to retention of title in any other way, in particular pledging or transfer by way of security.
The customer is authorised to collect the claim from resale despite the assignment.
The collection authority of HVI-TEC Luescher remains unaffected by the collection authorization of the customer. However, HVI-TEC Luescher will not collect the claim itself as long as the customer duly fulfils his payment obligations. Upon request, the customer must inform HVI-TEC Luescher of the debtors of the assigned claims and notify the debtors of the assignment.
If the debtor is in default of payment, HVI-TEC Luescher is entitled to demand the return of the goods subject to retention of title at any time without the need to withdraw from the contract.
Goods delivered by us will only be taken back with our prior written consent. The goods must be in perfect condition and in their original packaging (complete, undamaged original packaging, operating instructions, complete packaging material, etc.)
Goods taken back will be credited less 15 % for handling and stock turnover costs. Special orders / custom made products are generally excluded from the possibility of return.
10. Returned goods
All returns which are made after approval by us travel at the risk and expense of the sender. The consignments must reach us free of all transport and transport insurance costs as well as other possible additional costs (e.g. delivery charges). Returns whose delivery is carriage forward or even cash on delivery will not be accepted.
11. Place of performance and jurisdiction
Swiss law shall apply. Place of performance and jurisdiction for all disputes is Zurich for both parties.
Technical changes reserved ! Our published prices are not intended for private customers !