General Terms and Conditions (GTC)
The original version of the terms and conditions written in German language is binding in all cases and takes precedence over translated versions. The contract is concluded when our written order confirmation has been received. Different conditions laid down by the Purchaser are only valid when they have been expressly accepted by us in writing.
Extent of delivery and services
Our delivery and services are stated in the confirmation of order, including any appendices thereto. Subsidiary verbal agreements and modifications must be confirmed by us in writing. Supplies of special executions may deviate up to a maximum of 10% from the ordered quantities.
Our prices are strictly net, without value added tax, and do not include the cost of packing and forwarding, which will be charged at their actual value. The purchaser accepts all types of taxes, duties, fees, duties and the like, which are levied in connection with the contract. We reserve the right to adjust prices if wage rates or material prices vary between the date of our quotation and the fulfillment of the contract. Minimum invoice value: CHF 100.-.
Terms of payment
Payments shall be made net to our domicile, i.e. with no deduction of discount, expenses or others. Payment shall be made according to the terms mentioned in the order confirmation. If the Purchaser fails to comply with the agreed deadline for payment, he shall be liable without warning for interest from the due date onwards at a rate of 4% above the bank rate of the Swiss National Bank in force at the time. Purchasers unknown to us, or who have failed to meet their commitments in respect of previous deliveries, or from a foreign country, will only be supplied against payment in advance or cash on delivery.
Deadlines for delivery and services are only binding when expressly confirmed by us in writing. The delivery period begins with the dispatch of the order confirmation. But not before receiving any relevant documents to be provided by the Purchaser. The delivery period is deemed to have been complied with when, by the date it expires, the goods to be delivered have left our works or their readiness for delivery has been notified to the Purchaser.
The delivery period is duly prolonged when:
a) The information we require to fulfill the order is not received on time or when the Purchaser alters it later and thus causes a delay to the delivery or services.
b) Hindrances occur, which we cannot avert despite application of due care, regardless whether they are with us, the customer or a third party. Such obstacles are, for example, significant business disruption or machinery breakdowns, accidents, late or defective delivery of necessary raw materials, warlike events or natural disasters. The Purchaser is entitled to claim reimbursement for delayed delivery, if it can be proved that the delay was attributable to us and the Purchaser can furnish proof of having suffered from the delay. However, if we undertake to supply a replacement, claims for reimbursement become null and void. The reimbursement for delayed delivery shall be at the most 1/2% per week, but altogether not more than 5% of the value of the delayed part of the goods to be supplied. The first two weeks delay does not justify any claim for reimbursement. In the case of delayed delivery or services the Purchaser has no other rights or claims other than those listed above. This restriction does not apply in the event of illegal intentions or sheer negligence on our part, but it does apply to illegal intentions or sheer negligence on the part of auxiliary persons.
If the customer provides auxiliary parts to ZEITLER, these parts must be delivered free of charge to ZEITLER's address. ZEITLER does not assume any liability if auxiliary parts are not delivered in time, in sufficient quantity or in an acceptable condition. The customer provides ZEITLER with an agreed additional number of parts to provide for rejects so that ZEITLER is guaranteed an uninterrupted processing run. ZEITLER does not accept any liability for the technical functional performance or quality deficiency of the auxiliary parts. ZEITLER reserves the right to refuse to insert the auxiliary materials if these do not meet ZEITLER’s quality requirements and standards. In such cases the customer is obligated to compensate ZEITLER for any resulting additional costs which may incur. Any test and quality requirements determined by the customer will be binding for ZEITLER (EMS).
Tools required for production of special designs are generally charged for at a fraction of the price quoted for them. Such tools remain our property.
Withdrawal of goods
Goods, which were delivered correctly by Zeitler, will be withdrawn by Zeitler only after prior agreement. In the case of a goods return agreed with Zeitler, the following must be observed:
- On the accompanying document, the customer must indicate with which Zeitler contact partner the return shipment has been agreed, together with the delivery note number.
- A withdrawal of goods is only possible for entire packaging units, which are originally packaged and part of the current sales program of Zeitler. Returns of goods, which are no longer part of Zeitler’s assortment, are discarded without refund
- Returned goods must be in perfect, sellable condition. Defective goods are discarded without refund.
- Custom-made products are not taken back.
If the returned goods meet the above-mentioned conditions, 80% of the invoiced net price of the returned goods will be refunded to the customer. Transport costs are not refundable.
Guarantee and liability for defects
The guarantee period for goods defective due to faulty design or poor workmanship is 12 months, beginning with the dispatch of the goods from our works. If dispatch is delayed for reasons not attributable to us, the guarantee period shall end not later than 12 months from the date on which the goods were reported to be ready for dispatch. We commit ourselves to replace or improve (according to our choice) those parts of the supplies, which demonstrably have become defective or unusable as a result of bad material, faulty design or defective execution until the end of the warranty period, on written request of the customer as soon as possible. Replaced parts become our property and are to be returned to us free of charge. Assured properties are only those notified as such in our confirmation of order or in our catalogues. Excluded from guarantee and liability are defects which cannot be proved to be due to poor materials, faulty design or poor workmanship. The guarantee expires prematurely if the Purchaser or a third party carries out repairs or modifications or, if a defect has occurred, the Purchaser fails to take immediately appropriate measures to reduce the damage or to give us an opportunity to eliminate the cause. On account of shortcomings due to materials, design or workmanship, or the lack of properties assured, the Purchaser has no other rights nor claims than those expressly stated above. ZEITLER AG performs EMC tests in accordance with current standards and legislation. These tests may cause damage to test objects. Devices and equipment in our facilities, which are not our own property, are not insured against fire or theft. ZEITLER AG therefore denies any responsibility for property damage and/or personal injury that may occur in the course of EMC tests.
Exclusion of further liability
All claims by the Purchaser except those expressly outlined in these conditions, regardless of the legal reason for their being made, in particular not expressly stated reasons for claims for damages, reduction or withdrawal from the contract, are excluded. Under no circumstance may the Purchaser claim for damages if the defect has not occurred in the goods delivered, for example, loss of production, loss of benefits, loss of orders or profit, or any other direct or indirect losses. These restrictions do not apply in the event of illegal intentions or sheer negligence on our part, but they do apply to illegal intentions or sheer negligence on the part of auxiliary persons.
Swiss law applies. The legal venue is Lucerne.