Version dated 9th Nov. 2006
COUFAL elektronik ag sells to business customers (hereinafter called “the customer”) the goods specified in the catalogue as well as in its Online Shop on the terms of delivery and sale as specified in the following.
The contract between the customer and COUFAL only comes about from an offer by the customer and its acceptance by COUFAL. The offer from the customer is made by telephone, in writing or via Internet. COUFAL accepts the offer by sending the customer (a) a confirmation of order (by fax, e-mail or letter post), or (b) delivers the goods ordered (with a delivery note).
All details of goods which the customer receives within the scope of the ordering procedure are subject to confirmation. In particular, changes in design and technology which improve the functioning of an item as well as errors in specification, illustration and price are reserved. All technical information on an individual item is based on particulars provided by the Manufacturer and are binding in this respect.
Catalogue prices are quoted in Swiss francs (CHF), inclusive of value-added tax, without packaging, and postage unpaid from the Wolfhalden warehouse. Costs of dispatch are charged separately. Payment is to be made within 30 days of invoicing. Deliveries will only be made to new customers by way of cash on delivery, payment in advance or cash payment. COUFAL reserves the right to deliver to existing customers against payment in advance or by way of cash on delivery.
Products are delivered immediately to the address given by the customer, provided that they are in stock. Otherwise, a written confirmation of order is sent giving the expected delivery date. Delivery of the goods is made (from the loading ramp) at the cost and risk of the customer including when part deliveries are made. Settlement of a claim for loss on patent damage to the goods ordered is only made with written confirmation from the particular carrier. COUFAL expressly reserves the right to exchange the product with a comparable product, if a product ordered is no longer available at the time due for delivery.
The goods delivered remain in the ownership of COUFAL until full payment. It may arrange for a suitable entry in the retention of title register. COUFAL may cancel the contract (declaration of withdrawal) and re-possess the goods if the customer shall be in arrears with payment of the purchase price.
The customer has the right to cancel the contract without stating reasons and return the goods within a period of 30 days. The goods delivered are to be returned undamaged, in good working order, complete and in undamaged original packaging. We charge a processing fee of CHF 50.- on failure to fulfil these conditions. The right of return begins on receipt of the goods at the customer’s premises. The customer also bears the costs of return. Any repair necessary will be charged to the customer by COUFAL. The customer will receive a credit note from COUFAL, or on request, a replacement delivery, if it shall have returned the goods in due time and in proper order. guard® -gel and energon® energy-gel are excepted from the right of return.
The period of guaranty for all products offered in the catalogue and in the Internet amounts to 24 months or 5 years (WE 400) from the date of purchase unless a longer guaranty period is expressly stated. Products will be replaced or repaired free of cost, provided that the defect is notified by the customer in writing within 14 working days following receipt of the goods. The customer shall receive a comparable product in exchange or a credit note, if a product can no longer be repaired or replaced. The guaranty lapses if modifications or repairs are carried out to the goods without the written consent of COUFAL. Liability for damages is excluded to the extent permitted by law. In particular, COUFAL accepts no liability attributable to improper use or normal wear and tear or for damage which has not been caused to the subject matter of delivery itself (consequential loss).
COUFAL reserves all rights in every design, text and diagram on its website. Copying or any other reproduction of the complete website or parts of the website is only permitted for the purpose of placing an order with COUFAL. The name “COUFAL”, all page headers, navigation bars, diagrams and button symbols are registered trademarks, brand names or trade names of COUFAL. All other trademarks, product names or company names or logos are the sole property of the particular rightful owners. COUFAL reserves ownership and copyright in images, drawings, calculations and other documentation. The customer requires the express written consent of COUFAL prior to communication to a third party.
The present Terms and Conditions of Business and contracts entered into on the basis of these Terms and Conditions of Business are subject to the law of Switzerland to the exclusion of the UN Sale of Goods Law (CISG). The place of jurisdiction is Wolfhalden.
These Terms and Conditions of Business solely apply on sale of the goods specified in COUFAL’s catalogue as well as in the Online Shop in the version current at the time of the particular contract. These terms of trade also apply more particularly if they should differ from those of the customer. If individual provisions contained in these Terms and Conditions of Business shall be or become ineffective, this shall not affect the legal validity of the remaining provisions. Moreover, COUFAL reserves the right to make amendments to these Terms and Conditions of Business at any time.
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