Conditions of sale and supply («CSS»)
Application
All our supplies and sales are subject to these terms and conditions in their entirety in so far as they shall have not been amended or supplemented by agreements in writing.
In addition is the «General Conditions of Contract for the Supply of Plant and Machinery» («GCSPM») issued by the Swiss Mechanical and Electrical Engineering Industries/SWISSMEM of 2016 shall apply. Should the provisions of the GCSPM prove inconsistent with the terms of the CSS, the terms of the CSS shall take precedence.
Prices
All prices are net ex works, excluding VAT, without packaging, transport, assembly, commissioning, etc.
Terms of payment
The terms of payment on our acknowledgement of order or invoice respectively shall apply. In the case of orders of a greater extent, special versions and new customers, we reserve the right to levy down payments of payment in advance. Cheques and bills of exchange shall only apply as payment when they have been honoured.
Default in payment
If the customer is in default of payment, we are entitled to charge interest on arrears as well as a reminder fee per reminder from the corresponding point in time. The invoice amount, plus any reminder fees and interest, may be transferred or assigned to third parties for the purpose of collection. Furthermore, the Customer shall be obliged to reimburse all costs incurred by Camille Bauer Metrawatt AG or third parties as a result of the default in payment.
Reservation of ownership
The goods shall remain our property until payment shall have been made in full.
Delivery date/Delivery times
Dates will be stated to the best of our estimation in accordance with our current capacity and material situation. Any failures to meet deadlines shall neither give entitlement to cancellation of the order nor for the assertion of claims for compensation. Force majeure shall release us from the obligations undertaken.
The delivery dates shown indicate a possible delivery, loading or collection date of a good from the Wohlen site.
Compliance with the delivery time presupposes the fulfillment of the contractual obligations by the customer.
Terms of delivery
Camille Bauer Metrawatt AG delivers according to the currently valid Incoterms. Delivery conditions outside these Incoterms require a separate agreement.
Packing
The external and transport packaging will be invoiced separately and will not be taken back.
Dispatch/Transport
Transport shall be made for the customer’s account. Special wishes with respect to dispatch and transport are to be notified in good time. In the case of externally visible damage, an objection in writing is to be lodged with the carrier before the goods are accepted.
In the case of damage not visible externally and for assumed damage, the necessary objections are to be lodged in good and valid form not later than 7 days after becoming aware of the damage. The carrier is to be requested to make joint ascertainment of the damage.
Insurance
All deliveries are made at the benefit and risk of the customer. Transport insurance will only be covered on special written request and at the expense of the customer.
Guarantee/Warranty
The warranty on Camille Bauer products is 3 years, excluding digital products. All other products are subject to warranty. They begin on the date of delivery. The guarantee/warranty covers verifiable material or manufacturing defects. We do not provide any warranty or guarantee for damage caused by improper manipulation or for products that have been opened, whose seals or seals are broken. In case of recognizable delivery defects, the customer is obliged to report this within 5 working days after receipt of the delivery.
Repairs and cost estimation
Repairs are subject to a charge and will be invoiced at the cost rates customary in the industry. If the price of a repair exceeds about 1/2 of the new price for a replacement device, the execution of the repair will be negotiated with the customer.
Force majeure
In cases of force majeure, such as in particular fire damage, floods, strikes, legal lockouts and epidemics (including epidemics and pandemics), provided that a corresponding risk level is specified, etc., Camille Bauer Metrawatt AG shall be released from the obligation to deliver at least for the duration and to the extent of the effect.
Extraordinary events
Should events beyond the definition of force majeure occur, which are obviously beyond the control of Camille Bauer Metrawatt AG, such as loss of skilled personnel, unfounded technical differences at the plant trained, obstructions and supply bottlenecks in the value chain (e.g. due to uncontrollable situations on the procurement market, price explosions, shortages and failures due to the energy sector, geopolitical actions with significant global or local consequences (e.g. acts of war), etc.), stock market collapses, etc., and Camille Bauer Metrawatt AG is thereby prevented from performing this contract, the contractual obligations shall be suspended at least for the duration of such events or obstructions, and Camille Bauer Metrawatt AG is thereby prevented from fulfilling this contract, the contractual obligations shall be suspended at least for the duration of such events or hindrances and to the extent of their effects.
Services and systems
If a contract occurs in addition to or outside of the ordinary sale of products (e.g. engineering, planning, support & service, commissioning, project management, analyses, further education & training, supply contracts, software solutions, rentals, leasing, etc.), additional terms and conditions may arise in addition to the currently valid GTC, each of which is shown separately and individually.
Safety information
Appliances from Camille Bauer Metrawatt AG are intended only for industrial or commercial use. Sales to third persons for the private sector are not permitted. The perfect and safe operation of the appliances presupposes that the installation information in the technical data sheets and the operating instructions have been read and the information contained therein observed and complied with before the appliances are put into operation.
The safety and warning information are prepared by the manufacturer in English, German and French language. All retailers are obliged, after unmistakable translation of the safety and warning information of the appliances into the respective language of the country, to pass them on to the final customer.
Exclusion of liability
In no case will the customer have claims to compensation for damage which shall not have arisen on the object of the delivery itself, such as loss of production, losses of use, losses of orders, loss of earnings, as well as for other indirect or direct damage. This exclusion of liability shall not apply if binding law shall conflict with it (product liability clause).
Data privacy
Information on data privacy can be found in our privacy policy.
Legal venue/applicable law
The place of performance for supply and payment shall be Wohlen (Aargau). The exclusive place of jurisdiction for all disputes shall be Bremgarten (Aargau), Switzerland. The legal relationship shall be governed by the substantive laws of Switzerland (to the exclusion of the Vienna Convention on the International Sale of Goods dated 11 April 1980 (CISG)).
Edition 09.23
