General Terms and Conditions (GTC) of Recoplast AG
General Terms and Conditions (GTC) of Recoplast AG
These General Terms and Conditions (GTC) of Recoplast AG apply to all deliveries, services and ancillary services of Recoplast AG. They apply as soon as they have become part of the contract with the customer. This is the case when the General Terms and Conditions are expressly designated as part of the contract, but also when Recoplast AG refers to the General Terms and Conditions, either by enclosing or printing them on offers, order confirmations and invoices or by providing a link to the Recoplast AG website (www.recoplast.ch) where the text can be viewed. In the case of a verbal order without a written order confirmation, these General Terms and Conditions apply at least to future orders from this customer if the invoice or delivery note for the first delivery refers to the General Terms and Conditions. If individual agreements contradict these General Terms and Conditions in individual cases, the individual agreements take precedence. If these General Terms and Conditions contradict the customer's general terms and conditions of purchase, the General Terms and Conditions of Recoplast AG take precedence over the customer's terms and conditions of purchase.
Offers | Prices
The offers of Recoplast AG are non-binding in every respect. In any case, they require a written order confirmation from Recoplast AG. All prices are exclusive of VAT. Value added tax will be charged at the applicable rate. Deviations regarding offered weights and material properties entitle Recoplast AG to reset the prices. We reserve the right to change prices when purchasing raw materials until the ordered goods have been delivered.
Delivery | packaging | transport
Deliveries are made ex works, unless otherwise agreed. Shipping is at the expense and risk of the customer. Even in the case of carriage paid delivery, the risk is transferred to the customer when the goods leave the delivery works. Unless otherwise agreed, we choose packaging and shipping method to the best of our judgment. Transport insurance is only taken out by us on the express instruction and at the expense of the customer. Recoplast AG is entitled to make partial deliveries.
Delivery dates or delivery periods are binding if they have been agreed in writing. If Recoplast AG cannot meet the agreed dates or deadlines, it shall inform the customer of this as early as possible. Business disruptions, strikes or industrial action, lack of means of transport, force majeure (floods, hurricanes, landslides, etc.), conflagration, war, civil war, revolution, civil unrest, terrorism, sabotage, non-availability of raw materials and auxiliary materials, also in the company of Recoplast AG, releases Recoplast AG for the duration of these disruptions and their effects, without compensation, from complying with delivery obligations and deadlines entered into, without the contractual relationship being terminated as a result. Deliveries that are delayed for other reasons only justify claims by the customer for damages if Recoplast AG does not deliver even after a written extension of at least 14 days. If the customer does not fulfill his obligation to cooperate (e.g. acceptance of samples or notification of technical specifications etc.) in good time, Recoplast AG is entitled to a corresponding extension of the delivery period or postponement of the delivery date. Further claims of the customer in case of default by Recoplast AG are expressly excluded.
Warranty | Liability
If weight differences, damage, loss of material, etc. are identified upon delivery or provision, this must be recorded in writing on the delivery papers in the presence of the truck driver. Excess or short deliveries of up to 10% of the ordered goods cannot be objected to. The buyer must check the goods within 5 days of receipt of the goods or transfer of control to him, if necessary by spot checks. Obvious defects must be reported in writing within 5 days. If the customer later discovers any hidden defects, he must report these immediately in writing. The customer is obliged to accept the delivery and to store the goods properly until the warranty is carried out, without charging any costs for this. If the customer does not give us the opportunity to convince ourselves of the defect within 10 days, if he does not make the goods complained about or samples thereof available immediately upon request, all warranty claims due to defects shall lapse. In the event of a justified notice of defects, we are only obliged to rectify the defect or provide a replacement delivery, to the exclusion of compensation payments. If the repair fails despite repeated attempts, the customer can demand a price reduction or withdraw from the contract. In the case of minor defects, the customer has no right of withdrawal. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery. Any further liability on the part of Recoplast AG, in particular for consequential damage, is expressly excluded. The production and trade of plastic production residues such as regrind or regranulate, including non-typical goods (NT goods), is associated with a certain risk due to the possible admixture of foreign substances, which can occur despite the greatest care. This is reflected in the low price. The buyer is aware of this situation if he orders NT goods or regranulate instead of original goods. Delivered samples and analysis data refer to the quantities taken and checked. However, these only allow a limited conclusion to be drawn about the total quantity, as the values within a batch can vary. The seller accepts no liability for these fluctuations that may occur. Conditions for subcontracting: If the customer delivers material for processing, he is liable for all damage that we as the contractor incur as a result of foreign bodies or contamination still contained in the material. The storage and storage of raw materials, semi-finished and finished products, such as preliminary products, regrind, additives and granulates takes place after prior agreement at the expense and risk of the customer and is to be remunerated separately. Verbal agreements require written confirmation to be binding. The customer's claims from defective delivery expire one year after delivery.
retention of title
The delivered products remain the property of Recoplast AG until full payment has been made. If the applicable legal system requires an entry in a special directory or register to justify the retention of title, Recoplast AG may have this entry made in the register without requiring any consent or authorization from the customer. The same applies if other legal acts are required to establish or maintain the retention of title. If no retention of title can be justified under the applicable legal system, we are entitled to all rights to secure our purchase price claim, which is possible under this legal system, until the purchase price has been paid in full. We are authorized to take any legal action necessary to establish or maintain these rights. Goods that have not been paid for in full may not be sold, pledged, assigned as security or otherwise encumbered with the rights of third parties. A sale within the framework of the ordinary business activities of the customer remains reserved. In this case, the customer assigns his purchase price claims to us to the extent of the outstanding payment.
Terms of payment | Sharing of Customer Data
Recoplast AG invoices are due for payment within 30 days of the invoice date. If this period is exceeded, default occurs without a reminder and the claim will bear interest at least 6% or at the higher bank discount rate at the place of payment. Invoices are to be paid net. Recoplast AG reserves the right to pass on payment experiences with customers to credit agencies.
Place of fulfillment | Jurisdiction | applicable law
Unless otherwise agreed in writing, the place of performance for all obligations existing between the parties is the registered office of Recoplast AG. Recoplast AG reserves the right to pass on payment experiences with customers to credit agencies.