TERMS AND CONDITIONS OF SALE
We have drawn up these Terms and Conditions in order to regulate the commercial relations between your COMPANY and GIGATEC SA and thus to be able to work in the best possible climate while giving you complete satisfaction.
They are based on the principle of good faith.
They will be given to you when you submit a quotation, when you confirm your order and with our invoice.
In the absence of any other specific terms agreed and signed between us, they shall be deemed to have been accepted unreservedly and in their entirety.
They may not be subsidiary to other terms of sale or purchase, unless otherwise agreed in writing.
Pricing
Our prices are quoted in Swiss francs, excluding VAT.
They are fixed per piece or per specified unit, and are net and non-modifiable, even in the event of future dispute.
Invoices in foreign currencies are issued at the exchange rate on the date of the invoice. If the exchange rate changes by more than 3% between the date of the invoice and the date of your payment, the amount may be adjusted to the exchange rate on the day of payment by means of a debit or credit note.
However, our prices may be modified at any time if the prices of the components purchased are modified, but prior information will be given to the customer.
They may also change when these are modified or when new contracts are signed.
They may also change when these are modified or when new contracts are signed.
Payments
According to the conditions mentioned on the quotation.
From the 40th day after the due date, interest on arrears of 10%, collection costs and handling fees will be charged.
In the event of dispute, invoices are due for the full amount, and any debit or credit notes will be issued.
Apart from credit or debit notes issued by GIGATEC SA, no other form of compensation will be accepted.
All goods remain our property until full payment of the invoice.
Invoices for development and tooling are due on receipt.
Only developments and tooling that have been invoiced and paid for in full belong to the customer.
Delivery times and cancellation
They are fixed by confirmation, and no compensation will be paid in the event of non-fulfilment.
If the buyer does not take delivery of the goods, they will remain in our warehouses at the customer's disposal, at the customer's risk, and may be invoiced immediately, together with storage costs.
In the event of failure to meet deadlines, GIGATEC SA will immediately inform the customer, providing the necessary explanations and setting a new deadline.
Cancellation of an order must be justified in writing.
Cancellation will only be accepted for just cause at the discretion of GIGATEC SA.
GIGATEC SA will invoice, at the normal selling price, components on order from its suppliers, already purchased and/or manufactured.
GIGATEC SA accepts no liability for strikes, disputes, catastrophes, etc.
Delivery
The customer undertakes to accept the entire order as confirmed.
This will be done according to the customer's specific request or by the most appropriate means.
Packaging, shipping and handling will be invoiced at cost.
The goods will be insured by the customer.
The purchaser assumes all transport risks, irrespective of the cause, as soon as the goods leave GIGATEC SA warehouse.
Quality, merchandise acceptance, complaints
We guarantee the highest quality standards, and all goods will be inspected before delivery, according to our own standards or those specified by the customer.
Inspection reports are available on request.
They will be kept for 12 months from the date of delivery.
The customer should inspect the goods within 8 days from receipt and notify any complaints by telephone and in writing, specifying any defects, failing which the goods will be deemed to have been accepted.
In the event of return, repair will be carried out in accordance with the conditions agreed and confirmed beforehand.
Warranty
We guarantee the quality of our products for a period of 12 months subject to the following reservations:
the warranty expires if the customer has performed or caused to be performed any operation on the goods. (excluding quality control)
We will not accept any claims and/or compensation for goods which have gone through additional operations or assembly.
We shall not be held liable for personal injury or material damage of any kind whatsoever arising from direct or indirect misuse of the semi-finished or finished product, or from development or manufacturing faults.
Intellectual property
Drawings, prototypes, samples, tooling, finished products and their development belong to the customer.
All development and tooling carried out by us at the customer's request, invoiced and paid for, belongs to the customer.
All development and tooling carried out by us and not invoiced will remain our property.
We are committed to maintaining strict confidentiality about your products and their production.
The use of your trademarks and logos is authorized exclusively on the product to be delivered and within the framework of the order.
Validity
These terms and conditions are subject to change at any time.
The customer will be informed in writing 30 days in advance.
For
The parties elect FOR and jurisdiction in Vallorbe.
For international contractual relationships, Swiss law is exclusively applicable, to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
For procedural aspects, the parties refer to the Lugano Convention.
Vallorbe, November 08, 2013