These General Terms and Conditions of Sale apply to all sales through HARTMANN MATERIALS AG (“HMAG”) to the customer. Any differing conditions of the customer do not apply unless they have been explicitly accepted by HMAG in writing.
2. Offers and orders
Our prices and surcharges are fundamentally non-binding. Our offers apply only for prompt decisions and are subject to the acceptance by the works. If the market situation on which prices are based should change (price increases for alloys added, customs, freight or official price increases, exchange or currency changes such as for example resetting of exchange rates and similar), HMAG is entitled to adapt prices and conditions to the changed circumstances. For goods ex warehouse or ex works depot they are non-binding. Sales and all other legal transactions in which our agents or employees are involved are only binding for HMAG if HMAG has confirmed them in writing. Customer orders ex manufacturing works are only binding for HMAG after the confirmation of acceptance in writing by HMAG.
After the expiry of the set periods in the offers made by HMAG, specifications by the customer regarding the individual parts can no longer be made. HMAG will also only accept specifications with the reservation that they must also be accepted by the manufacturing works from which HMAG is acquiring the goods.
Invoices from HMAG are to be paid in the invoicing currency within 30 days after receipt. Afterwards, default interest of at least 6% per annum is payable, unless a higher level of default interest has been agreed. The valid date of delivery, irrespective of the arrival at the purchaser’s, shall be the day of transfer of goods at the station of dispatch or at the carrier’s. We reserve the right to make payment experiences available to an information portal. In the event of arrears, reminder fees and costs for other activities are charged. The goods supplied remain the property of HMAG until full payment has been made. HMAG is also entitled to adjust the payment terms if market conditions change or in the event of negative payment experiences with a customer (e.g. by adjusting payment periods, default interest etc.); such adjustments of which HMAG has informed the customer shall form part of the contract if the customer has not objected in writing to HMAG within 14 days after receipt of the notification of adaptation. The goods supplied remain the property of HMAG until full payment has been made.
Delivery dates set by the customer or stated by HMAG are not fixed dates. Delivery periods may be extended if obstacles arise that are beyond the influence of HMAG. The customer can only make a claim to HMAG for late or failed delivery if it can prove deliberate intent or gross negligence on the part of HMAG. If the customer requires test or acceptance certificates, it must inform HMAG of this by the time of the order at the latest. The costs for the certificates and acceptance tests are charged to the customer. The information obtained by HMAG in the manufacturer’s works or in the warehouse on the weight and scope of the delivery are definitive for the invoicing by HMAG. The quantity of a single position is irrelevant here. The total weight of the positions is definitive. The tolerance values that apply in the manufacturing works also apply for the delivery by HMAG. If the contract is for delivery on call, the customer is to call up the contractually agreed quantity of goods in full by the end of the 12 month contractual relationship, if no other call-up period has been agreed. If the customer does not call up the goods within this period, HMAG may either (i) waive delivery of the contractual volume not called up and demand compensation (positive interest in performance of the contract), (ii) or declare withdrawal from the contract and demand compensation (negative interest in the performance of the contract) or (iii) continue to demand the acceptance of the goods not yet called up by the customer and demand damages for the delay. The customer will owe default interest on the contractual volume not called up, amounting to at least 6 % per annum if no higher default interest rate has been agreed. The customer shall also bear the risk of the accidental destruction of the goods or their accidental deterioration. 6. Transport The transport of the goods is entirely charged to the customer, excluding any liability by HMAG for transport, shipment and packaging. Usage and risk are transferred to the customer from the manufacturing works or from the warehouse. This regulation of transfer of risk shall also apply if in an exceptional case HMAG takes on part or all of the transport costs. In all other matters, the regulations of INCOTERMS 2020 apply.
7. Warranty, complaints
The customer is to check the quality of the goods supplied within five days after receiving them. Complaints by the customer about deliveries of goods must be made to HMAG by registered letter, detailing the quantity and type, within eight days after receipt of goods or (in the case of a hidden defect) since the defect’s discovery. Once six months after the receipt of goods have elapsed, all claims for defects shall expire; only in cases of Article 199 OR (Obligationenrecht, Swiss Code of Obligations) will the warranty expire two years after the receipt of goods. The purchaser must give HMAG the opportunity to view the goods subject to complaint in their delivered condition. If the purchaser does not meet this obligation or if the complaint of defects is made too late, the delivery is considered approved. In the event of a justified complaint of defects, HMAG can choose whether to take the unprocessed goods back and deliver replacements or to settle the reduction in value with a cash payment. Further claims against HMAG, such as for example for cancellation of the contract, for damages, lost profit, default interest and fines, are excluded.
8. Extraordinary events
Extraordinary events that make performance of the contract considerably more difficult or unreasonable for HMAG (such as for example generally enacted or specifically decreed official restrictions, lack of raw materials, interruption of business, strikes, war, pandemic, epidemic) and were not foreseeable at the time of concluding the contract, entitle HMAG to choose either to postpone the delivery times stated or omit the delivery entirely or in part, without this resulting in any rights for compensation or other claims by the purchaser against HMAG.
9. Data protection
The protection of your personal data and its collection, processing and use in compliance with legislation is a very important matter for us and is based on statutory provisions. Further information on data protection can be found on our website www.hartmann-materials.ch.
10. Place of jurisdiction and applicable law
The parties determine the courts of general jurisdiction at the headquarters of HMAG to be the sole place of jurisdiction for all disputes arising from the delivery of the goods by HMAG. They choose the Swiss Code of Obligations as applicable law (excluding the United Nations Convention on Contracts for the International Sale of Goods).