Terms and Conditions (GTC)
The following applies as a user of these GTC:
Container Partner GmbH
Gebinde-Partner GmbH makes every effort to supply customers with quality products. Our priority is the satisfaction of our customers and our goal is to provide excellent service.
All offers made directly by us are non-binding. We only assume obligations through our order confirmation and only in accordance with our sales and delivery conditions. Deviating conditions and verbal agreements always require our written confirmation to be effective. This also applies to follow-up orders, which also require renewed written approval and confirmation of deviating conditions and verbal agreements on our part.
The agreed prices are in the currency stated in the offer, excluding VAT. Invoices are payable immediately and net without any deduction.
Delivery takes place at the risk and for the account of the customer, including packaging and any insurance, unless different Incoterms have been agreed in writing. This also applies if the ordered goods are sent to the customer directly from our delivery plant. Delivery periods are adhered to as far as possible, but are only approximate and non-binding. In the event of delivery difficulties on the part of our sub-suppliers, the delivery period is extended accordingly; if they are unable to deliver, we are entitled to withdraw from the contract. The same applies if delivery difficulties occur as a result of other circumstances for which we are not responsible (e.g. strike, transport difficulties, shortage of goods or goods management, etc.).
The delivered goods must be examined by the buyer immediately. Complaints must be reported to us immediately and the goods must be held ready for our inspection. After the expiry of 5 working days after delivery, no more rights can be asserted due to defects, shortages, deviations from samples and the like. The same applies if the goods are treated or processed or resold. Complaints about defects do not release from the observance of the payment obligation. Second deliveries, e.g. B. in the absence of the customer, will be charged to the customer.
5. Repairs, Custom Orders and Rental
Repairs and one-off products that have been carried out must be checked immediately. Later complaints cannot be accepted. The agreed prices are in the currency stated in the offer, excluding VAT. Invoices are payable immediately and net without any deduction. As soon as the delivery has been picked up or loaded by the customer himself, the benefit and risk of the goods to be delivered are transferred to the customer.
Small deviations in the delivery, in particular those in number and size, only entitle complaints if they significantly impair the intended purpose of the delivery. Furthermore, we are not liable for the goods being suitable for the buyer's specific purposes. If the notice of defects is justified, the defects will be rectified by us or our representative free of charge, or the delivered goods will be exchanged at our discretion. Claims for rescission, reduction and compensation are excluded.
Unless otherwise expressly agreed in writing, payments must be made by bank transfer to our house bank. We are entitled to withdraw from the contract if the buyer has given false information about his personal circumstances or his creditworthiness, or if we receive messages that give rise to doubts about the buyer's inability to pay. The corresponding information on the order confirmation, alternatively on the invoice, is decisive for the payment period. If there is no such, the invoices are to be settled 10 days after the invoice date. If the price of the goods increases, e.g. We are entitled to increase the agreed prices accordingly, e. If we make use of this right, the buyer has the right to withdraw from the contract within one week of becoming aware of our price increase. This rescission becomes invalid if we declare our willingness to deliver at the old price within a further week. If the buyer is in arrears with a payment due, we are entitled to withhold further deliveries until the buyer's due liabilities have been settled.
8. Retention of Title
The delivered goods remain our property until full payment of all (including future) claims from our business relationship with the buyer. The seller can have the retention of title entered in the relevant retention of title register at the buyer's registered office. Acquisition of ownership of the reserved goods by the buyer in the event of treatment or processing is excluded. Any treatment or processing is carried out by the buyer for us. The processed goods serve as our security in the amount of the value of the reserved goods. The claims of the buyer from the resale of the reserved goods are already assigned to us, regardless of whether the reserved goods are resold without or after processing and whether they are resold to one or more customers. The assigned claim serves as security for us in the amount of the value of the reserved goods sold. The buyer is entitled to resell and resell the reserved goods with the proviso that the purchase price claim from the resale is transferred to us. The buyer is entitled to collect the claims from the resale as long as he properly meets his payment obligations. Otherwise we are entitled to collect the claims assigned to us ourselves and the buyer is obliged to provide us with all the necessary information. In the event of access, in particular seizure by other creditors, of the items owned by us or the claims assigned to us, the buyer must immediately give us the necessary information to avoid his obligation to pay compensation, so that we can preserve our rights. After all claims from the business relationship have been fully satisfied, the reserved goods become the property of the buyer and the claims assigned to us revert to the buyer without the need for a special transfer.
9. Place of Performance and Jurisdiction
Swiss substantive law is applicable to the contract and the legal relationship with the customer, to the exclusion of private international law.
Place of performance and place of jurisdiction is the company headquarters in CH-4622 Egerkingen