General Terms and Conditions

Our terms and conditions of sale exclusively apply to all contracts between us and our clients only. Any other conditions or terms of buyer are herewith objected to and do not apply. Any agreement or special condition affecting the execution of this contract must be in writing. Quotes/Offers/Programs and/or samples/catalogues are to be considered non-binding material for illustration and/or testing purposes, giving only an approximation of properties and specification. Only the weights or volume of the goods measured before shipment is valid.
The prices valid at date of delivery will be applied for the order. We reserve the right to adapt the prices for confirmed orders as well, in order to reflect any increase in our costs, for any reason beyond our control, like force majeure, for shortage of material or labor, for strikes, for official orders and for transportation or similar problems, if this increase occurs after confirmation of the order and before the delivery of goods. The prices are ex works, Bernex, Switzerland, unless specified in writing otherwise, and do not include any kind of taxes. The customization of the products is done by the clients at their costs and make them fully responsible for any information written on the product or user manual. They have to respect their local laws and regulations. They have to inform us immediately if anything has to be modified or updated to respect their local laws and regulations. The testing equipment must be recalibrated in our premises once every five years at least. Boosters must be controlled at least once every two years. If a short circuit has occurred, please return it to your distributor or manufacturer for a complete control. Shipping, customs fees, services, controls and taxes are not included in the purchase price. Delivery dates are not fixed dates. We reserve the right to delay the deliveries in case of force majeure for the duration of the delay plus a reasonable period of recuperation. Should the delivery have become impossible by an act beyond our control we reserve the right to partially or completely rescind the contract. Strikes, unforeseeable events or interruptions of operations should also be considered force majeure. We reserve the right to partial deliveries. Unless failure to comply or delay of delivery was caused by us, our lawful representatives or auxiliary persons by gross negligence or intentional acts, we will not be liable for noncompliance. Any contract not signed by the Director will not be valid. Goods travel at cost and danger of client, unless agreed otherwise in writing. Our proformas/invoices are to be prepaid, unless specifically stated otherwise in writing. Products with batteries should not be stored for more than three months from the receipt of the merchandise. If not, the batteries will have to be recharged not to lose the warranty, as the batteries are products that get damaged if they are kept discharged. The internal resistance of the batteries will be a determining factor, among others, to detect whether a battery has been properly recharged or not. The storage of the products must be done in a dry place and at room temperature (15-25 °c) and products with batteries in a dry and cool place (15-20 °c) to avoid the damage of the batteries in the long term. Payment is considered made when it is fully at our disposal. Bank fees must be prepaid as well. We are entitled to charge the buyer interest on the unpaid amount. Retention of Title Notwithstanding delivery or passage of risk in the merchandise, property of merchandise shall not pass to the buyer until full payment of all our claims against the buyer, regardless of their grounds, was made. If merchandise is processed or mixed by buyer with goods that we have no property in, we shall become co-owner of these goods, which shall be stored for us by the buyer. Processing or transformation of the goods is done in our name as a producer, but without obligation to us. The client will store the co-owned goods free of charge. These goods are called reserved goods in the following. Buyer has the right to process or sell these goods in the regular course of business, as long as payment obligations are fulfilled. Pledging or cession by security of these goods is not allowed. For safeguard, receivables based either on the sale of these goods or on any other ground (insurance, torts) are considered fully assigned to us. These assigned receivables are released under the condition that their achievable value exceeds the value of our secured receivables by more than 15%. Buyer authorizes us to collect them at his costs, a right that we are obliged not to exercise unless buyer fails to meet his payment obligations towards us or, particularly, institutes bankruptcy proceedings. In the case of bankruptcy or suspension of payment, we have the right to demand that buyer declares the assigned receivables, gives all information and documentation necessary for us to collect our claims and informs garnishee of the assignment. Should third parties try to claim these goods, buyer is obliged to inform them of our property and immediately inform us of the intend. Buyer will be held responsible for costs and damages. The buyer shall examine the merchandise, checking the goods in every aspect, and determine if merchandise is suitable for the intended purposes, if necessary by running appropriate tests. Claims will only be accepted if we are informed immediately upon detection of any fault. In the case of hidden faults claims must be made within one month of delivery of the first sample. Claims will only be accepted if we are informed no later than 7 days after receipt of merchandise, or within 3 months in the case of hidden faults with a complete report of the tests performed and descriptions of the problems found. If any valid claim of faulty merchandise is made, we are obliged to either replace the merchandise free of charge or repair it, the choice being at our sole discretion. We will not be liable for any consequential damages caused by any defect or fault in the merchandise, since the object of the warranty is in compliance of the delivered merchandise with the contract. The warranty does not cover damages to the goods that were caused by improper handling, misuse, abuses or inadequate storage after the passage of risk or where caused by external factors that were not foreseen in the contract. The product warranty depends on each category. If nothing is indicated the warranty is one year, except in case of special rebate, where the warranty would be taken care by the customer directly and not by the manufacturer. Our contracts are governed exclusively by the Swiss laws. The legal fort is in Geneva, Switzerland.
Our technical advises are given according to our best knowledge and experience. Buyer is obliged to apply due diligence in verifying applicability of our advice to his special conditions of production or application. Claims for damages due to impossibility or incapability remain unaffected. Exclusion or limitation of from our side also includes exclusion or limitation of liability of our employees, representatives and auxiliary persons. Place of execution and place of venue is Geneva, Switzerland. We reserve the right to sue at buyer’s place of business. These General Terms and Conditions of Sales, as well as all our business relations with our clients, are governed exclusively by the Laws of Switzerland. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressively excluded. Please note that some of our goods might require exportation license under Swiss or international laws or might be subject to export restriction. These provisions are to be observed by the buyer in case of sale or exportation of the goods.

The technical specifications or pictures may not correspond with the models shown.