General Provisions:
These general terms and conditions of delivery apply exclusively to the business relationship or contractual relationship between Valbruna SA ("supplier" or "we") and the customer. These general terms and conditions of delivery are an integral part of the contract and have superior validity. Any inclusion of the customer's purchase conditions is expressly rejected by this document, regardless of whether such purchase conditions are referenced in the customer's order, the customer's acceptance of the offer, or elsewhere.
Prices:
The prices indicated do not include VAT, if applicable. VAT is shown separately on the invoices. We reserve the right to adjust the agreed prices in the event of changes in exchange rates, increases in prices from our suppliers, or increases in other cost factors. For purchases from foreign plants, the prices in effect on the day of delivery shall apply, unless otherwise agreed.
Payment Terms:
Our invoices are payable net within 30 days. If the customer does not comply with this deadline, they must, without notice, pay interest of 5% from that date onwards. The right to claim additional damages remains reserved. Regardless of this, we are entitled, in such a case, to withhold delivery until full payment of the price. Other legal rights remain reserved.
Retention of Title:
The delivery remains our property until full payment of the price. We are entitled to have the retention of title registered in the retention of title register at the customer's location. The customer hereby consents, in accordance with Art. 4 of the Ordinance on the Registration of Retention of Title, that we may proceed with the registration of the retention of title.
Determination of Weight:
The weights determined by the weighing carried out by the supplier are authoritative for determining the weight.
Shipping and Packaging:
Shipping and packaging are carried out at the customer's expense and risk.
Mill Material Certificates, Preparation Costs, and Express Deliveries:
CHF 15 is charged for factory certificates, CHF 9 for preparation costs. A surcharge of CHF 80 is charged for express deliveries.
Delivery Time:
Any liability is expressly excluded for delays in delivery or non-delivery due to shortages of raw materials, operational disruptions, or other cases of force majeure in our company or at our suppliers, as well as due to other circumstances beyond our control.
Specifications:
It is the customer's responsibility to specify the required standards, qualities, dimensions, and measures for deliveries or materials. We are under no obligation to evaluate or verify the suitability of the deliveries or materials for their intended use.
Complaints:
The customer must check the delivery within 5 days and immediately report any defects in writing, otherwise, it will be considered accepted. Complaints about damage incurred during transport must be directed to the carrier by the recipient upon receipt. In the case of proven defective material or faulty delivery, the material or delivery will, at our discretion, be either repaired, replaced free of charge (the replaced parts becoming our property), or reimbursed. We expressly exclude any other warranty rights of any kind. Warranty rights expire if the customer makes changes or takes other measures on the material or delivery. The warranty period is one year. Furthermore, the supplier's liability is excluded to the extent permitted by law, which also applies to the liability for auxiliary persons. To the extent permitted by law, the supplier's liability for damages to objects other than the material or delivery itself is particularly excluded, such as (but not limited to) consequential damages, production losses, operational interruption costs, loss of profits, and loss of business opportunities, as well as damages due to resale or reuse of the material or delivery by/to third parties.
Final Provisions:
The rights and obligations arising from the contractual relationship may not be assigned or transferred to third parties without the prior written consent of the other party. Amendments and supplements to the contractual relationship must be made in writing, which also applies to this requirement for written form. In the event of unenforceable provisions, the other provisions remain unaffected, and the parties agree to replace the unenforceable provisions with an enforceable provision. In the event of any contradictions between the German version and the English version of these General Conditions of Sales and Delivery, the German version shall prevail, which is available on www.valbruna.ch.
Data Protection: We inform about the management of personal data in connection with the offer of Valbruna SA in our data protection declaration at https://www.valbruna.ch.
Jurisdiction and Applicable Law:
In the event of disputes arising from or in connection with the contractual relationship between the supplier and the customer, the courts at the supplier's registered office shall have exclusive jurisdiction. Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the norms of the Swiss Federal Act on Private International Law.
Valbruna AG
CH-3270 Aarberg/BE