General Terms and Conditions of Sale and Delivery ALCO SA
Unless otherwise agreed in writing, these general terms and conditions of sale shall apply to all transactions between ALCO SA and buyer. By placing an order, buyer accepts these general terms and conditions. Any condition imposed by buyer that deviates from these general terms and conditions shall only apply if we expressly accept it in writing. Subject to express written agreement to the contrary, neither these general terms and conditions nor the transactions to which they apply may form the basis of a distribution or other long-term relationship between the parties. We may amend or supplement these general terms and conditions at any time.
Our written offers are valid for a period of one month from the date of issue, unless the offer itself contains another period of validity. A declaration by the purchaser can only be accepted if it corresponds in all respects to our offer. Our failure to respond to a counter-offer by the purchaser shall not be deemed acceptance under any circumstances.
3. Orders and confirmations
Orders are binding on their sender even if they are not signed. Orders under CHF 200 will incur a small order surcharge of CHF 25.
If the difference does not amount to more than 10% of the ordered quantity, the customer will not be informed.
Any order confirmation not contested within 48 hours is considered accepted.
Unless otherwise agreed in writing, our prices and any costs are ex works in Swiss Francs, excluding VAT.
5. Delivery times and dispatch
If the order confirmation contains a delivery period, this period corresponds to the date of dispatch of the goods, i.e. the date of departure from Chavannes. If the deadline is indicated in week numbers, ALCO SA has until Friday to send the goods. In the event of a delay in delivery, the purchaser shall not be entitled to renounce subsequent performance, to withdraw from the contract or to claim damages.
Unless otherwise agreed in writing, our invoices are payable net without discount within 30 days from the invoice date. In the event of non- compliance with the deadline, interest on arrears (currently 8.0%) is due on the due date. In addition, any discounts shall become immediately null and void and ALCO SA reserves the right to invoice the customer for them and to collect them, in the same way as the principal amount, if necessary by legal means. Any discounts wrongly increased or deducted will be invoiced again. Until full payment has been made, the goods shall remain our property.
7. Receipt and inspection of goods
Upon receipt, the buyer shall immediately check the quality and quantity of the goods delivered. Any possible defects or missing deliveries must be reported immediately, but no later than 8 days after receipt of the goods, in writing and in detail. In the event of late notification, deliveries are deemed to be accepted and any warranty is excluded.
8. Warranty, liability
The warranty period is 12 months from the date of the invoice. Only proven defects in materials or workmanship of the delivered goods shall be considered as defects. The purchaser is obliged to ensure by his own examination of the goods that they are suitable for the use intended by him. In the event of notified defects, the purchaser shall be entitled to the return of the defective goods in exchange for the return of identical, faultless goods or - in the case of devices - the purchaser shall be entitled to a free repair or replacement of the defective part.
9. Return of goods
Any return of goods can only be accepted if a telephone or written request has been made beforehand and ALCO SA has sent the form "Written Return Agreement" which the customer is willing to fill in and return. Only ALCO SA shall decide whether or not to grant the return.
In the event of acceptance, a deduction of 10 to 30%, depending on the case, shall be made from the gross amount invoiced for processing costs.
10. Applicable law and place of jurisdiction
This contractual relationship is subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Chavannes. ALCO SA shall have the right to take action against buyer before any other competent court.
10.1 Original text
These General Terms and Conditions are written in several languages. In the event of contradictions, the French version shall be binding.
January 2024 edition
© ALCO SA 2024