Specific conditions in connection with corona protection products and webshop
SPECIFIC TERMS AND CONDITIONS FOR THE WEBSHOP
The presentation of the products in the online shop is not a legally binding offer, but only an invitation to order. By clicking the button “Buy” you place a binding order of the listed goods. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail after receiving your order. The seller tries to keep enough of the items offered on the web shop in stock. This is not always possible due to the high demand and difficult sourcing situation. If the items are in stock, the items are normally delivered within 3 working days. The seller is not liable for loss or damage of any kind resulting from a delay in delivery or non-delivery of the ordered products. Delivery is only possible in Switzerland.
DELIVERY DATES FOR BULK ORDERS
Due to raw material, production and air freight bottlenecks as well as possible intranational obstacles (EU customs etc.) we can only give you provisional delivery dates after confirmed orders, based on clarifications with manufacturers and logistics companies. As a rule, the delivery time from the time of ordering is between 12 and 30 working days, depending on the supplier and article. The seller is not liable for loss or damage of any kind resulting from a delay in delivery or non-delivery of the ordered products.
CANCELLATION / RIGHT OF RETURN
There is no right to subsequently cancel orders or a right of return for ordered products.
TERMS OF PAYMENT:
Orders from the web shop can be made by credit cards or other financial institutions defined by the seller. For bulk deliveries, e.g. to hospitals or other companies & organisations, which were not ordered via the web shop, the corresponding invoices are to be paid within 8 days after receipt of goods, strictly net.
General Terms and Conditions
Any offer of sale of products or services made by Stöckli Medical AG (hereinafter referred to as ” the Seller”) or any order of the Buyer is governed by the present General Terms and Conditions. Unless otherwise expressly agreed in writing between the Seller and the Buyer, any order placed by the Buyer holds unqualified acceptance of it by these General Terms and Conditions in full. For special services (like consignment stocks, loan sets and others) additional contracts may be agreed.
Offers are non-binding and are valid for 90 days. The stated prices shall apply exclusively under the conditions that errors and misprints are excepted. The Seller’s delivery dates are provided solely for information and are not binding.
The pricelist in effect at the time the order is placed shall apply. Prices are fixed in Swiss Francs (CHF) and are exclusive MwSt. Ex works conditions (meaning ex headquarters of Seller) apply, thus shipments are made at customer´s expense and risks. Without notice of the Buyer, the Seller will organize transport service. Additional services like operations support, loans, repairs and others are also not included in the price and will be charged additionally on the invoice. The service pricelist in effect shall apply for the services charged. Prices can be revised without prior notice. Orders of an amount of < 200 CHF are subject to a service tax of 35 CHF.
4. PAYMENT TERMS
Invoices are payable by bank transfer within 30 days after billing date without any deductions. Any unpaid sum at the invoice due date will first be reminded without dunning fee. Unpaid sums at the first reminder due date will carry by rights late-payment interests of 1% per month as of the original invoice due date. The third dunning letter will carry a dunning fee of 50 CHF. The Seller reserves the right to suspend any delivery until the payment of the unpaid invoices is made.
Delivery, transport, transport insurance costs are charged to Buyer according to service price list. In case of difficulties to supply, the Seller will inform the Buyer as soon as possible and will process the orders according to the need of the Buyer and according to availability. Any claims for delivery damage to or losses of the dispatched goods, in whole or part must be made in written to the carrier within 24 hours of delivery.
In case services are cancelled, the following cancellation fees will apply: Cancellation up to 48 hours before service start; no cost will be charged. Cancellation up to 24 hours before service starts; 20% of expected service costs will be charged. Cancellations shorter than 8 working hours before service start; at least 50% of expected services will be charged or if the accrued cost will be higher, all accrued costs will be charged to Buyer. All accrued expenses, charges and fees for deliveries will be charged.
7. RESERVATION OF OWNERSHIP
Stöckli Medical AG retains title to the product delivered until complete and final payment thereof. Should payment not be made within 90 days, the sold products should be returned to the Seller. The Buyer also bears the responsibility of insuring consigned goods, billable upon use. The Buyer commits to prove on first demand the subscription of such insurance policies.
8. WARRANTY AND CLAIMS
Seller warrants exclusively to Buyer that products will be free from defects under normal use, if used in accordance with the manufacturer’s recommendation for the period specified in the product documents. Seller´s sole obligation and Buyer´s exclusive remedy will be the repair or replacement, at Seller´s option, of the defective product. Any delivery is considered as accepted unless the customer notified Seller, in writing, of any nonconformance or damage within 5 days of reception of goods. Hidden defects have to be reported to Seller immediately after discovery.
9. INCIDENT REPORTING
The Buyer obligates himself to notify Seller immediately about incidents that could lead to a risk to health or safety of the patients, users or third parties, so that Seller can fulfill his obligations.
10. FORCE MAJEURE AND SHORTAGES
The Seller cannot be held responsible for loss or damage of any kind resulting from any delay in delivery or failure to supply ordered products due to causes beyond his control. No such event will relieve Buyer of its obligations to make payments for other deliveries under this agreement.
11. ATTRIBUTION OF JURISDICTION
The order is governed and interpreted in accordance with the Swiss Federal laws. Any dispute will be the exclusive competence of the Commercial court of the head office of the Seller (Willisau).