General Conditions for Supply of Ingtec-Pneumacon AG ... - ipswiss.ch

material or defective performance. Supplier shall immediately be informed if such defects are found. Replaced parts
shall become supplier's property. If dispatch, installation or putting into operation is delayed without any fault on the
part of supplier, liability shall expire 12 months after passing of risk at the latest.
As regards important products of another maker, supplier's liability shall be limited to the assignment of those liability
claims to which he is entitled towards the supplier of the outside product.
2. Customer's right to enforce claims an the Basis of defects shall become statute-barred in all Gases alter 6 months
as from the time of due notification of defect, however, at the earliest by expiry of the period of guarantee.
3. No liability shall be assumed for damages which haue occurred for the following reasons:
Unsuitable or irrproper use, defective Installation and/or putting into operation by customer or third persons, wear and
tear, defective or negligent handling, unsuitable building ground, chemical, electro-chemical or electrical influences
unless they are due to supplier's fault.
4. Customer must afford supplier, upon agreement with supplier, the required time and opportunity to perform all repairs
and replacements as appear fair at supplier's discretion, otherwise supplier shall be released from liability for defects.
lt is only in urgent Gases which jeopardize the industrial safety and in order to ward off unproportionately high
damages, in which rase supplier must be informed immediately, or if supplier delays remedy of the defect, that
customer shall be entitled to remedy the defect himself or to haue fit remedied by a third Party and to Jemand from
supplier refund of the costs incurred.
5. As regards the direct costs arising from repair and/or replacement, supplier shall bear the costs of the spare part
including shipping as weil as the reasonable costs for removal and Installation, as far as the notfite of defect turns out
to be justified; and, if fit may reasonably be demanded in the individual rase, supplier shall also bear the costs for
the possibly required Provision of his mechanics and helpers. Customer shall bear the other costs.
6. The period of guarantee shall be of 3 months for spare part and repair, however, fit shall run at least until expiry of the
original period of guarantee for the delivery fitem. The period of liability for defects regarding the delivery fitem shall be
extended by the period of Interruption of operation caused by subsequent improvement.
7. Liability and consequences shall be excluded for modifications or repairs which customer or third persons possibly
carry out improperly without prior consent of supplier.
8. Further claims of customer, particular a Claim for damages which did not occur to the delivery fitem itself shall be
excluded. This exclusion of liability shall not apply in rase of intention or gross negligence an the part of owner or
managerial staff.
VIII. Liability for secondary obligations
If the delivered fitem, due to supplier's fault, cannot be used by customer as provided for in the agreement, an account
of neglected or faulty performance of suggestions or advice given before or alter conclusion of agreement as weil
as other contractual secondary obligations - particularly instructions for use and maintenance of the delivery fitem - the
provisions of Sections VII and IX shall apply accordingly to the exclusion of further claims of customer.
IX. Customers's right to cancel agreement and other liability of supplier
1. Customer shall be entitled to cancel the agreement if the Overall performance becomes finally impossible for
supplier prior to passing of risk. The saure shall apply in Gase of supplier's incapacity. Customer shall also be
entitled to cancel the agreement if a partial quantity of a supply out of an order of similar items becomes
impossible and if he has a justified interest in refusing a partial delivery; if this is not the rase, customer may
reduce the counter performace accordingly.
2. If there is a delay in performance in the sense of Section IV of the terms of delivery and if customer grants the
defaulting supplier a reasonable additional term with the explicit declaration that he will refuse to accept
performance upon expiry of this term and if the additional term is not observed, customer shall be entitled to
cancel the agreement.
3. If incapacity occurs during default in acceptance or an account of customer's fault, customer's Obligation of
counter performance shall be maintained.
4. Customer shall also haue a right of cancellation if supplier Jets vainly and due to his own fault expire a reasonable
additional term granted to him for repair or replacement regarding a defect for which he is responsible in the
sense of the terms of delivery. Customer shall further haue a right of cancellation if there are other Gases
of failure of repair or replacement performed by supplier.
5. All further claims of customer, particularly claims for rescission, termination or reduction as weil as claims for
damages of any kind, also of such damages which did not occur to the delivery fitem itself, shall be excluded.
This exclusion of liability shall not apply to intention or gross negligence an the part of owner or managerial staff. lt
shall neither apply in Gase explicitly guaranteed qualities are missing, if fit had precisely been the purpose of
the guarantee to protect customer from damages which did not occur to the delivery fitem itself.
X. Place of jurisdiction
For all disputes arising out of this contractual relationship, an action shall be filed to the tourt which is competent for
the main place of business or the affiliate of supplier which performs delivery. Supplier shall also be entitled to sue
at customer's main place of business.