1Scope
Contracts are concluded on the basis of the following General Terms and Conditions. Any deviating terms of the customer that we have not expressly accepted in writing are not binding on us, even if we do not object to them. All orders are based on the prices and discount rates valid at the time the order is placed or entered. Any deviations require our express confirmation.
By submitting an order, the customer accepts our prices and price lists in force at the time and is responsible for informing themselves about them. Orders placed via our enquiry and order form, by e-mail, by telephone or through other channels are deemed accepted at the current prices applicable at the time.
We reserve the right to deviations in the colour and design of items, as well as to technical improvements and errors in product descriptions. Complaints are excluded in the case of customary or minor, technically unavoidable deviations in the quantity, quality, colour and finish of our products.
The contract of sale is concluded when we accept the order by an order confirmation, by delivering the goods or by notifying the customer of dispatch. Quantities ordered in error and items procured specifically for the customer must be accepted by the customer. Only our written confirmations, delivery notes, invoices and the goods actually delivered are authoritative. Verbal information, statements made by telephone or by employees are not binding unless confirmed in writing.
2Offers
Our offers are subject to change and non-binding. All prices stated are net prices in CHF or EUR, i.e. excluding value added tax (VAT) and shipping costs, and apply ex warehouse. Packaging costs are not charged, with the exception of special packaging, which is invoiced to the customer at cost price.
3Orders and order confirmations
Orders may be placed via our enquiry and order form, by e-mail, by telephone or via other communication channels accepted by us. We are not obliged to confirm every order with a formal order confirmation. In particular, orders may be confirmed by a counter-confirmation, a written e-mail, invoicing, delivery of the goods or in any other suitable manner.
The customer is obliged to check all order confirmations, counter-confirmations, order acknowledgements, delivery notes and other contractually relevant documents immediately upon receipt. Complaints regarding prices, quantities, versions, specifications, delivery dates, dimensions or other contractual content must be made in writing within 24 hours of receipt of the respective confirmation. If no complaint is made within this period, the information is deemed complete, correct and approved by the customer. Where an order confirmation is issued, its content alone shall be authoritative for the execution of the order.
We are entitled to adjust ordered quantities to customary packaging, container, production, pallet, loading or sales units. Such quantity adjustments may be made without consulting the customer. In such cases, the quantity delivered and invoiced is deemed to be in accordance with the contract. Clause 4 applies to orders placed via our enquiry and order form.
4Enquiry, quotation and order form
Our enquiry and order form is not an online shop with a price list. It is used to submit enquiries, quotation requests and orders. Clause 1 applies to the conclusion of the contract.
- Enquiry: For every enquiry, the customer first receives an acknowledgement of receipt by e-mail. We usually answer questions about products, data sheets, samples or custom solutions within 1–3 days.
- Quotation: For every quotation request, the customer first receives an acknowledgement of receipt by e-mail and, as a rule within 1–3 days, a quotation with prices, packaging units and a possible delivery date. Quotations are subject to change (clause 2). If an item is not available in the requested packaging unit or colour, we adjust the packaging unit and/or offer the customer an alternative item.
- Order: For every order, the customer first receives an order acknowledgement by e-mail and, as a rule within 1–3 days, an order confirmation with prices, packaging units and delivery date. Stock items are generally delivered within 1–3 working days.
- Guide values: The time frames stated in the form – from enquiry to project implementation, or from quotation or order to delivery – are non-binding guide values and depend in particular on the project, the item and availability. Delivery dates are guide values (clause 12).
Minimum quantities and packaging units: For stock items, a minimum quantity of 50 pieces per item or the respective packaging unit applies, also in larger quantities (e.g. 100, 1'000 or 5'000 pieces). Tools, machines, machine parts, complete and supplementary sets are available from 1 piece.
Different packaging units and colours: If an ordered item is available in the requested colour only in a larger packaging unit, we adjust the packaging unit without further confirmation; the quantity delivered and invoiced is deemed to be in accordance with the contract (clause 3). If an item is not available in the requested colour, we send the customer a quotation with prices and a possible delivery date; this item is only delivered after the customer has confirmed the quotation.
Smaller quantities and samples: For smaller quantities or individual samples, the customer chooses «Enquiry»; we will find a solution together.
Clause 16 applies to payment in advance, and clause 5 to the exclusion of exchange and return for specially produced, processed or procured items.
5Special items
Special items include, in particular, items that are procured, manufactured, processed or made up specifically for a customer, as well as items that are not part of our regular stock. This list is not exhaustive. The classification of an item as a stock item, procurement item or special item is made exclusively by us and is at our sole discretion. We are not obliged to state, prior to conclusion of the contract, upon receipt of the order or in an order confirmation, whether an item is classified as a stock item or a special item. In particular, we may designate an item as a special item on the order confirmation, the delivery note, the invoice or in the course of handling a complaint.
Special items cannot be cancelled, returned, exchanged or credited. This also applies if the goods are unused, in their original packaging or resaleable. If the customer withdraws from the contract of sale, the full purchase price for special items remains payable. All items ordered in quantities of 100 to 1000 pieces and specially packed by us are also deemed to be special items; they are excluded from returns.
6Domestic shipping costs by DPD
Goods are delivered at the customer's expense and risk. Unless otherwise agreed, the following shipping costs apply to domestic shipments (Switzerland):
| Small to medium-sized parcels | at least CHF 16.– per parcel |
|---|---|
| Medium-sized to large parcels | at least CHF 24.– per parcel |
| Large and heavy parcels | at least CHF 32.– per parcel |
7Domestic shipping costs by pallet
Goods are delivered at the customer's expense and risk. Shipping costs for pallet deliveries are charged according to the weight and size of the pallet and the distance.
8Export shipping costs
Goods are delivered at the customer's expense and risk. Shipping costs for exports are charged according to the weight and size of the parcel or pallet and the distance.
9Express deliveries
Express deliveries are only possible by prior arrangement. Shipping costs are borne by the recipient.
10Delivery
As a rule, our products are dispatched immediately by DPD, courier or lorry. If items are out of stock, they are – unless otherwise agreed – recorded as back orders and delivered subsequently free of shipping charges. In the event of late payment, we reserve the right to withhold delivery of open orders.
11Transport organised by the customer
If it is agreed that the customer will organise transport themselves or commission a third party to do so, we will provide the customer with the necessary transport data, in particular dimensions, weights, loading units, collection dates or similar information. The customer is obliged to organise transport within three calendar days of being notified of this information. If adequate transport has not been organised within this period, or if the relevant information is not communicated to us in good time, we are entitled to organise transport ourselves without further notice. All resulting transport, storage, handling, administration and ancillary costs shall be borne in full by the customer.
12Delivery dates
Delivery dates stated by us are guidelines and are therefore not guaranteed. Agreed delivery periods shall be extended appropriately in the event of unforeseeable events beyond our control and operational disruptions such as strikes, lockouts or delays in the supply of essential materials for which we are not responsible. If such events occur, the customer is entitled to withdraw from the contract after a period of four months has elapsed. Any statutory right of withdrawal arising at an earlier date remains unaffected. Claims for damages are excluded in the aforementioned cases.
13Returns and complaints
The customer must inspect the delivery immediately upon receipt. Defects or missing goods must be reported to us without delay, but no later than 3 days after delivery. Defective or incorrectly delivered goods will either be exchanged or credited.
As a matter of principle, we do not take back delivered goods unless we are legally obliged to do so; this does not apply to defective or incorrectly delivered goods in accordance with paragraph 1. Returns that have not been agreed will be sent back to the sender at their expense. Credit notes can only be issued if a copy of the invoice or delivery note stating the reason accepted by us is enclosed.
14Deliveries abroad (outside Switzerland)
Goods shipped to an address outside Switzerland cannot be returned or exchanged unless they are defective, incorrectly delivered or incomplete.
15Incorrect orders
If the customer mistakenly orders the wrong item, the wrong version or the wrong quantity, we are not obliged to take the goods back. The purchase price remains payable.
16Payment
Payment terms: 30 days net. Our invoices are payable without any deduction within 30 days of the invoice date, exclusively to one of the accounts stated on the invoice. We reserve the right to deliver against cash on delivery or payment in advance. For new customers, the first order may be delivered against payment in advance. In the case of payment in advance, the customer receives a payment request with the order confirmation; the amount is due for payment immediately and without deduction of any cash discount. Goods are dispatched once payment has been received.
17Retention of title
Delivered goods remain our property until all claims to which we are entitled against the customer arising from the business relationship have been paid in full. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us in advance all claims arising from the resale of the goods subject to retention of title. The customer's right of resale expires in the event of default in payment or the filing for or opening of bankruptcy or composition proceedings.
18Liability
Unless there is intent or gross negligence on our part – subject to the culpable breach of essential contractual obligations – we accept no liability for damage caused directly or indirectly by defects in the items delivered by us or by culpa in contrahendo or positive breach of contract. In the event of delay caused by gross or slight negligence, we are liable for the typically foreseeable damage.
19Exclusion of liability for processing, application and consequential damage
The customer bears sole responsibility for the selection, processing and application of the products supplied by us. Our advice is given to the best of our knowledge and belief. We inform our customers about the raw materials concerned and about possible properties of the products so that the customer can decide on their own responsibility which items to order and how to use them.
We accept no liability for defects, damage or other impairments to products manufactured or processed by the customer. This applies in particular to damage resulting from the processing, application, further processing or improper use of our products.
Likewise, we accept no liability for damage to property, personal injury or consequential damage arising in connection with the processing or application of our products. This also applies in particular to the use of machines, tools or other technical aids in the course of processing our products. The customer alone is responsible for safe handling, the proper use of machines and compliance with all safety regulations.
Responsibility for the proper use and processing of the products and for the end result of the products manufactured lies entirely with the customer. The customer must independently ensure that our products are suitable for the intended purpose and are processed professionally.
Our products are made available to the customer as an obligation to be performed at our place of business (Holschuld). The customer is responsible for obtaining information on the suitability of the products for the intended purpose before ordering and using them.
20Set-off and rights of retention
The customer is only entitled to set off or withhold payments due if we have expressly agreed to this in writing or if the customer's counterclaims have been established by a final court decision or are undisputed.
21Information
The customer consents to our informing them about our activities and new products by e-mail as well. The customer may unsubscribe from the mailing list in writing at any time.
22Rental, repair and service
Rental of machines and tools: The rental period and rental price are agreed in advance. At the end of the rental period, the goods must be returned to BRERO in Adligenswil at the customer’s expense. The customer is liable for damage and loss during the rental period; items returned defective will be invoiced subsequently after inspection.
Repair and service: Repairs are carried out on a time-and-material basis and, if agreed, on the basis of a cost estimate. The statutory warranty applies to repaired parts.
23Place of jurisdiction
Our business activities are governed exclusively by Swiss law. The place of performance and jurisdiction is the registered office of BRERO Schweiz AG as entered in the commercial register.