Data protection

1. GENERAL

The following general terms and conditions apply to all deliveries, unless written changes are agreed.

2. OFFERS AND PRICES

All prices are net, for deliveries ex works, plus Swiss VAT. Transport costs, vehicle transfer, packaging, services and deliveries that have not been expressly agreed by us, such as in particular chassis modifications, presentation of the vehicles at the vehicle inspection, fuel purchases, etc., will be invoiced separately and charged plus value added tax.

The validity of the offers is limited to 3 months. Replacement parts will be charged at the new price without being returned within a month.

3. DOCUMENTS / DOCUMENTS

Brochures, illustrations, drawings, project outlines, etc. are non-binding; as well as the technical information contained therein. Plans, drawings and offers remain our intellectual property; they may not be made available to third parties, copied or used to manufacture the items in question without our written consent. Unlawful use violates the federal law on unfair competition.

4. TERMS OF DELIVERY

The agreed delivery dates are based on the circumstances at the time of the order, assuming normal material procurement and manufacturing options. The delivery times will be rescheduled if:

a) the agreed chassis deliveries are not made in accordance with the contract;

b) events of any kind occur through no fault of our own that impair the orderly progress of the work for the execution of the order for us or our subcontractors;

c) the information required for the execution of the order is not made known to us in good time or is subsequently changed;

d) the agreed financial obligations are not met. A delay in delivery does not give the customer the right to withdraw from the contract. Contractual penalties, consequential costs or chômage from late delivery cannot be asserted.

Fahrzeugteile Ostschweiz GmbH I Hauptstrasse 21 I 8564 Engwilen TG

Tel. +41 76 344 25 81 I info@fahrzeugteileostschweiz.ch I www.fahrzeugteileostschweiz.ch

5. PAYMENT TERMS

Payment dates are considered expiry dates. Payments may not be withheld or reduced due to defects in the delivery item or counterclaims by the customer. Offsetting is excluded in any case. Unless otherwise agreed in writing, payment is to be made as follows:

– One third when ordering / placing an order.

– The remaining amount upon readiness for delivery.

If the customer does not meet the agreed payment dates, he must pay interest of 10% from the agreed due date without a reminder. Compensation for further damage remains reserved.

6. RESERVATION OF TITLE

The items sold remain our property until full payment has been made. We reserve the right to register the retention of title for the goods credited by us at the buyer’s place of residence at his expense. Under no circumstances shall goods not be fully paid for serve as collateral, cover or form part of any mortgage on any property, nor may they be sold or hired out without our express permission; they must be insured against all risks immediately upon receipt by the buyer.

7. WITHDRAWAL OF PURCHASE

By accepting the order confirmation, the buyer accepts our general terms and conditions. If the buyer cancels the order confirmed by us through his own fault, the seller is entitled to demand a contractual penalty of 15% of the contract price, subject to the assertion of further damages.

8. SHIPPING AND TRANSPORTATION

Our deliveries are made ex works at the expense and risk of the buyer. Complaints about any damage, loss or delays must be reported in writing within 5 working days in order to clarify the causes.

9. ASSEMBLY

Any assembly or processing/delivery outside the delivery works is not included in the agreed price and is subject to special calculations, if any agreement has been reached.

Fahrzeugteile Ostschweiz GmbH I Hauptstrasse 21 I 8564 Engwilen TG

Tel. +41 76 344 25 81 I info@fahrzeugteileostschweiz.ch I www.fahrzeugteileostschweiz.ch

10. WARRANTY

The guarantee for the work done and the delivered items (goods) lasts 1 year from the day of delivery. The guarantee only covers possible design and manufacturing errors, it only extends to brand-new material and only includes the replacement of defective parts exclusively in our workshops or in a repair shop commissioned by us. Any further guarantee is expressly excluded, in particular the customer has no right to a price reduction, loan vehicles, HVF compensation, chômage, disposal of materials, and compensation for direct or indirect damage due to the time taken up by the performance of the guarantee . There is no guarantee if the customer is at fault or if it is the fault of a third party, such as an accident, overloading, improper operation, poor maintenance or repairs by third parties. Consequential damages such as direct or indirect personal injury or damage to property, loss of profit, loss of work and earnings as well as operational disruptions are expressly excluded from the guarantee. Further guarantees do not exist.

11. COMPLAINTS

Complaints regarding any defects must be made immediately upon acceptance of the vehicle, otherwise the work on the vehicle and the replacement parts supplied will be deemed approved and the assertion of any warranty claims by the customer will be waived.

12. PLACE OF PERFORMANCE AND JURISDICTION

The customer and the contracting parties expressly agree on the domicile of Fahrzeugteile Ostschweiz GmbH Hauptstrasse 21 CH-8564 Engwilen TG (seller/company) as the place of performance and place of jurisdiction. Swiss law applies.

 

Fahrzeugteile Ostschweiz Eastern Switzerland GmbH

 

March 2023