These general terms and conditions form the contract that is binding upon the Parties, Buyer’s specific conditions are excluded. Any derogation will not be accepted to these general terms and conditions, except the written permission by Swiss Mechanical Solutions. The non-application of one of these general conditions Swiss Mechanical Solutions can’t be understood as a Swiss Mechanical Solutions wish to waiver to never have recourse to that condition.
Swiss Mechanical Solutions offers are done without any engagement. Swiss Mechanical Solutions is considered as obliged only after the order has been accepted Swiss Mechanical Solutions in writing and after the requested deposit has been paid.
Product prices are quoted in euros excluding VAT as well as treatment and shipping costs.
Swiss Mechanical Solutions may change prices at any time but the products will be invoiced based on rates in effect at the time of confirmation of the order.
Any modification made to the contents of an order after the confirmation thereof, authorizes Swiss Mechanical Solutions to adjust its prices.
Delivery terms are only indicative and any delay in delivery may in no case lead to the cancellation of the order, damages or compensation of any kind.
Goods travel on Buyer’s expenses and risks. The goods are never shipped Carriage Paid to unless otherwise specifically stated on the purchase order or invoice. In case of damage or missing, the claim must be made against the carrier, solely responsible.
The Buyer is obliged to do an express delivery of the goods within eight days of the notification about their availability. Failing this term, the Seller has the right to consider the contract that is binding on them automatically terminated at the fault of the Buyer. In the latter case, the Buyer shall pay an amount equivalent to 30 % of the purchase price as damages.
Any complaint must be lodged by a registered letter within fifteen days of receipt of the merchandise. The latter may not be refused if, the color or size, does not strictly conform to the merchandise that was the model, the slight differences being justified by the nature of handmade items sold.
Lodging complaint can’t suspend in no case the payment obligation under Article 13 of these terms and conditions.
If the complaint is admissible, the liability of Swiss Mechanical Solutions is limited to replacement of sold goods that are defective and, failing that, to a price reduction of the price or to a cancellation of the sale, the latter never occurs if the defect is minor. The liability of Swiss Mechanical Solutions may never exceed the selling price of the merchandise and in case of the refund to the Buyer, the use of the sold product that the Purchaser has made before the default occurred, will be taken into account.
The guarantee offered by Swiss Mechanical Solutions is excluded when the defect is a result, even if coexisting with a defect of the sold product, of a lack of maintenance or of improper maintenance, of improper use or, more generally, of a fault committed by the Buyer or by a person who is under Buyer’s responsibility.
Invoices are payable in cash at the headquarters of Swiss Mechanical Solutions, or at the financial institution mentioned on the invoice.
In the event of nonpayment at maturity, the due sum occurs automatically and without any prior notice an interest at rate of 12 % per annum from the date of the invoice until the total will be paid. The failure to pay the invoice at maturity brings also without any prior notice the right to a conventionally fixed and irreducible compensation of 15 % of the amounts due, with a minimum of 70 EUR, subject to all other recovery charges.
Any delay in payment of an invoice at the agreed maturity authorizes Swiss Mechanical Solutions to suspend or permanently stop all further deliveries.
In addition, if deliveries are staggered, Swiss Mechanical Solutions has the right in the case of non-payment, fifteen days after mailing by registered letter of formal notice, to consider the agreement as resolved for the part that is not yet executed, and to claim compensation equal to 30 % of the amount remaining due under the agreement, as compensation for damages and lost profits, subject to proof of greater damage, or to require the execution of the contract outright.
Without prejudice to the transfer of risk of sold goods by Swiss Mechanical Solutions institutions, they remain, by express agreement, ownership of Swiss Mechanical Solutions until full payment of principal, interest and costs, the Buyer can’t alienate or pledge or create security, in the broadest sense, before full payment of invoices.
The nullity of a clause of these general terms and conditions does not affect the validity of any other provisions.
The contracts to whom these terms and conditions apply, will be submitted to the courts of the judicial district of Geneva or of the client, at Seller’s choice. Swiss law, including international instruments ratified by Switzerland until they do not derogate to these terms and conditions, will apply to all transactions between the Buyer and Swiss Mechanical Solutions Will also apply to these transactions, the special provisions relating to retention of title clauses and that are recognized by the laws of the customer’s country, the Vendor may still request to benefit.
These general terms and conditions are available in French, in Dutch and in English. Please note that in the case of a conflict between these three versions, the French and Dutch versions prevail over the translation into English.