The offers made by IMPAG are non-binding. Insofar as individual agreements, individual terms of delivery and the following general terms and conditions of sale and delivery do not contain any deviating rules, the provisions of the Swiss Code of Obligations apply. Vienna sales law is excluded. By ordering or accepting the goods, the buyer agrees to the conditions listed below. Deviating terms and conditions of the buyer are only valid with the express written approval of IMPAG. Terms and Conditions sent by the buyer in orders or confirmations are expressly not approved by the IMPAG. Conflicting provisions in the general terms and conditions of IMPAG and the buyer do not hinder the validity of the contractual relationship.
2. Deliveries / Place of performance
If ICC INCOTERMS are used, the current official application rules of the ICC (International Chamber of Commerce) are an integral part of the contractual relationship. Unless otherwise agreed or regulated differently with individual conditions, IMPAG determines the mode of shipment and forwarding of the goods, and the goods travel, even if carriage paid, on account and at the risk of the buyer. IMPAG shall not be liable for the acts and omissions of the transporter, his staff or subcontractors and the resulting damage to the goods or any other damage incurred by the purchaser. Unless otherwise agreed or regulated differently with individual conditions, Zurich is the place of performance.
The agreed prices are based on the price quotations valid at the time of the transaction, currency relations, freight, customs and insurance rates, import, export, transit and other charges. IMPAG therefore expressly reserves the right to charge the buyer for any subsequent changes to the aforementioned approaches and charges. For consignments for which Rheintransport is intended, open shipping is reserved; Low water, flooding and ice surcharges are at the expense of the buyer.
4. Acceptance obligation / acceptance delay
The buyer is obliged to accept the contractually agreed delivery as well as a partial delivery. The acceptance of the delivery can only be refused in case of serious defects. In the event of default of acceptance, the risk is transferred to the buyer in any case. IMPAG is free to deliver or cancel the delivery. In any case, she will retain the right to a purchase price payment.
In the case of defective delivery, the buyer is entitled to subsequent improvement or subsequent delivery. Change and reduction are excluded. A further obligation to guarantee, in particular liability for further damage, is waived within the scope of the legally permissible.
6. Complaints, complaints and statute of limitations
The buyer has to check the goods immediately upon receipt. Any complaints must be made immediately. In case of no fault of the immediate objection, this must be done within 8 days of receipt of the goods. Complaints must be made in writing and the listed defects must be listed in detail. Unless otherwise agreed or regulated differently with individual conditions, warranty claims expire within six months after receipt of the goods.
7. Customs regulations
Low duty products (lapel goods) are subject to the regulations of the Federal High Customs Directorate valid at the time of delivery regarding the use and resale. The buyer is liable for all consequences of a violation of these regulations as soon as he comes into possession of the goods.
If IMPAG becomes aware of the payment and liquidity problems of the buyer after completion of the sale, it is entitled to demand the securing of the purchase price (payment guarantee / advance payment or similar). This also applies before the execution of a delivery.
In addition, IMPAG reserves the right to withdraw from the contract in case of late payment by the buyer. This also applies after execution of a delivery.
On the due purchase price is owed without reminder default interest. This is calculated at the customary bank interest rate for unfunded bank overdrafts, but at least at 5% per annum.
9. Retention of title
IMPAG retains ownership of the delivery until full payment of the purchase price. It is entitled to register the retention of title at the registered office of the buyer in the reservation of title register. To the extent permitted by law, this reservation also extends to processed goods.
10. Choice of law / jurisdiction
Applicable law is Swiss law. The place of jurisdiction is Zurich.