Terms and conditions

1. Subject-matter of contract SWISS INK + PAPER AG sells products on the printer accessories market such as ink cartridges, toner, paper and storage media to business customers and private customers (hereinafter referred as “customer”) exclusively under the following General delivery and contract conditions (hereinafter referred as “Terms”).

2. Conclusion of contracts These Terms, which are acknowledged by our costumer with the order, are exclusively valid.They are also valid for future deals, even if they do not refer to our terms and conditions explicitly but the customer received them in a confirmation of order. The Terms also prevail if an order includes contradictory or differing conditions even though we do not contradict them. Differing terms become valid only upon our explicit written confirmation. 

The order is considered as acknowledgement of our Terms even if the customer defers to his own conditions of purchase. Our offers are not binding. The contract between the customer and the SWISS INK + PAPER AG becomes not valid until the SWISS INK + PAPER AG confirms an order of the customer. The order of the customer is made by telephone, written or via Internet. SWISS INK + PAPER AG accepts the order by delivering (a) an confirmation of order (by fax, email or letter post) to the customer or (b) the ordered goods (delivery note included). Verbal side agreements are only valid if we confirm them in writing. Cases of force majeure – these are circumstances and occurrences which cannot be prevent even with the diligence of a prudent management – suspend the contractual obligations for the period of disturbance and in the extent of their effect. If the consequential delays arise in a period of more than four weeks, the parties to a contract are entitled to withdraw from the contract in respect of the affected scope of services. Additional claims are excluded.

3. Quoting of Products All information referring to the goods the customer receives within the order process are created to the best knowledge. Notably modifications in design and technology, improving the functionality of the product and mistakes/errors in description, illustration and pricing are especially possible. All technical specifications concerning particular products are based on the data provided by the manufacturer and are binding in its entirely.

4. Terms of Payment The payment is in any event due at the time of the delivery and is to be paid net according to the conditions written in the respective conformation of order. If the customer does not pay the bill within the stipulated period for payment, he will be in delay. Cheques will be accepted as payment only after their encashment. We reserve the right to accomplish the delivery and performance only against cash in advance, cash or by cash on delivery consignment. In case of delay in payment we will charge default interest in the amount of 8 percentage points above the basic rate of interest of the ECB as from exceeding the time of payment. A customer is not entitled to exercise the right of set-off and the right of retention. Justified objections will be satisfied by credit note after examination.

5. Terms of Delivery Among these General Terms and Conditions we admit the delivery terms stated in the respective confirmation of an order.

6. Retention of the Title (ROT) clause Until full payment has been received all items remain the property of the SWISS INK + PAPER AG. If the customer is in delay with payments, the SWISS INK + PAPER AG will be entitled to withdraw from a contract (notice of cancellation) and to take possession of the product.

7. Warranty Claims and Liability/Compensation A customer shall on receipt examine the delivered goods for defects concerning condition and purpose of the goods immediately. Otherwise the customer accepts the goods and loses the right to rely on the lack of conformity. Missing goods have to be complained in writing submitting the delivery note within 7 business days from arrival of the consignment. After discovering hidden defects the notification of defects has to be raised immediately in writing by attaching a supporting document. Our obligation under a warranty is restricted to our choice on compensation delivery, reverse transaction, diminution or subsequent improvement. The customer has the right to withdraw from a contract or to reduce the emolument if the supplementary performance fails within an appropriate period. SWISS INK + PAPER AG is not liable for damages caused by misuse or natural wear and tear or for damages not having their origin in the delivery item (consequential damages) itself. Damages in transit, damages caused by improper treatment as well as by effected interventions on oneself do not justify a claim against us. Any additional claims concerning delayed delivery are excluded with the exception that they are mandatory due to intent or gross negligence or guaranty. Any kind of interruption of operation and causes affecting the production of the products at the producer’s of the goods as well as transport obstacles and lack of supply causes an extension of the terms and the delay of all appointments for a period of prevention of the business and the interruption of operation.

8. Deviation clause concerning paper products Deviation in quality: Minor derivation in consistency, thickness, nuance, sleekness etc. are reserved. Deviation: In case of normal humidity conditions deviations in length and width of formats are permitted.The seller is not liable for minor deviations in all other technical properties, not mentioned in this clause, assumed that the delivered good is appropriate for the purpose provided for in the order.

9. Assignment The SWISS INK + PAPER AG is duly authorized to assign claims resulting from our General Terms and Conditions. In the case of an announcement to a customer that an assignment to the alpha factoring GmbH has taken place deviating from the following and abovementioned General Terms and Conditions the following rules will be applicable:

a) Applicable law
The agreement shall be governed and construed in accordance with German law, especially the civil law code and the code of commercial law.

d) Performance
All Payments with full discharge of debtor is to be made exclusively to the XXXX factoring GmbH, AAAAAstrasse 00, 1111 Musterstadt since we assigned all our present and future claims as well as our reservations on title to this institution.

10. Claim for Damages Claims for damages against the SWISS INK + PAPER AG are principally excluded with the exception that they are based on injury to life, body or health or concerning gross neglect violation of duty or by reason of deliberate action, guarantee or liability which are mandatory in product liability law.

11. Place of Jurisdiction an applicable Law The present General Terms and Conditions and concluded contracts based on these are subject to Swiss law. Place of jurisdiction is Zug. SWISS INK + PAPER AG reserves the right to take legal actions at the customers place as well.

12. Final Provisions For the sale of SWISS INK + PAPER AG specified goods only the General Terms and Conditions as amended in point of time of the conclusion of the contract are exclusively valid. These Terms also prevail if the clauses of a customer include contradictory or differing terms. In case of delivering software the terms of licence enclosed to the storage medium and/or the terms of licence on the storage medium of the producer prevail additionally. The customer acknowledges the validity of these conditions explicitly by opening the sealed storage medium. Should any present or future item of these General Terms and Conditions be inconsistent with the law in force, all of the remaining terms remain unaffected. SWISS INK + PAPER AG is entitled to modify the General Terms and Conditions at any time.

© by SWISS INK + PAPER AG