General Terms and Conditions

The following General Terms and Conditions of Supply shall apply unless any other arrangement has been made in writing. The customer‘s own ordering conditions if opposing to the terms below are not recognised, even without express stipulation to that effect. Our quotations are in principle not binding. Orders become legally binding for us upon their written confirmation.

Prices and Packing
Our prices have to be considered in effective Swiss Francs for delivery ex works, without transport packing and without insurance. We reserve the right to adjust our prices at all times. The price valid at the time of conclusion of a contract shall be applicable. For contracts with delivery on request, with a duration of more than 6 months, we reserve the right to apply the prices at the time of shipment.

 

Terms of payment

 Switzerland:

 net, within 30 days from date of invoice (dispatch)

 Export:  advance payment in effective Swiss Francs. Irrevocable Letters of Credit, confirmed
 by a first class Swiss bank, are only accepted, if all banking charges inside the country
 of the buyer and in Switzerland are borne by the buyer

 

Delivery and insurance

 Switzerland:

 EXW Winterthur (Incoterms 2000), shipment by the Swiss Post, insured by us.

 Export:  Export: DDU (Incoterms 2000) with shipment by TNT and insured by us.

 

Delivery times
Delivery times stated in our quotations are considered from receipt of a firm order respectively from receipt of funds in case of advance payment. All delivery times are subject to prior sales. We endeavour to keep exactly to the delivery times stated in our order confirmation. The calendar week mentioned is the week of dispatch ex works. These dates do, however, not constitute any liability on our part and inability to conform to them does not provide the base for indemnity or a cancellation of the order.

Documents
Our designs, sketches, instructions, etc. made available to the buyer remain our property and may not be reproduced or passed on to a third party without our written authorisation.

Warranty
We guarantee for our products for a period of 24 months from the date of dispatch. Instruments proved faulty in respect of material or workmanship will be repaired or replaced at our discretion within this period. In such a case we absorb all transportation cost to and from Switzerland under the cooperation agreement with TNT.
Our warranty does not cover any damages due to incorrect, unskilled or careless handling as well as damages due to normal wear. Consumables such as batteries, etc., are also excluded from the guarantee. In case of unauthorised repair attempts or modifications by the buyer (e.g. opening the instrument, etc.) the guarantee will cease immediately. We decline responsibility for any damage caused directly or indirectly by the goods themselves, whether through their use or defects.

Complaints
Complaints concerning the quantities, precision and workmanship of the instruments supplied must be made in writing within 8 days from receipt of the goods. We advise customers to declare any damage sustained in transit to the appropriate party (forwarding agent, carrier, insurance company, etc.) immediately, respectively to accept goods under reserve only.

Intellectual Property
The intellectual property and rights for products and solutions developed by WYLER AG or in cooperation with WYLER AG, including all drawings and including the application of such products and solutions remain with WYLER AG unless special agreements are signed with the respective customer.

Court Action
All contracts shall be governed by Swiss law.
Jurisdiction is at the court of Winterthur (Switzerland). We reserve, however, the right to prosecute the buyer also at his domicile.