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General Terms and Conditions

1. GENERAL

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.

 

2. OFFERS

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.

 

3. PRICES

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.

 

5. DELIVERY

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.

 

6. CANCELLATIONS

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).

 

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