Terms & Conditions
1. These Terms and Conditions (“TC”) are an integral part of all contracts for deliveries and other services between awalux AG (“awalux”) and customers. The current TC are published in our product and customer publications and on our website. Deviating terms and conditions shall only apply if they have been expressly accepted by awalux in writing. Similarly, individual statements, information, advice, recommendations, any goodwill agreements, and the conclusion of independent consulting agreements require the express written confirmation of awalux to be legally valid. Our customers' terms and conditions of purchase do not apply, even if we have not expressly objected to them. With the first contractual action (e.g., order) of the customer, the customer expressly accepts these TC.
2. All offers from awalux as well as all technical information, illustrations in product and customer publications, our website, and the like are non-binding as long as awalux does not expressly submit a binding offer. The offer is considered accepted as soon as the customer has signed and returned it, declared acceptance by email, or received the corresponding product/service. Orders placed by the customer are also only valid with the inclusion and application of the currently valid awalux Terms and Conditions, which are considered accepted when the order is placed.
4. The prices valid at the time of order receipt apply. Prices are net plus statutory VAT.
5. Our invoices are payable within 30 days of the invoice date. Payments must be made in Swiss francs (CHF) without any discounts. After the payment deadline has expired, the customer is in default without a reminder. If the applicable payment deadline is exceeded, we are entitled to demand cash payment, postpone or refuse further deliveries. Payments made by the customer will first be credited against interest and costs and then against the oldest claim that awalux has against the customer. The customer is only entitled to withhold payment or to offset it against a counterclaim if the counterclaim has been recognized or legally established by awalux. Awalux remains the owner of the goods it has delivered until they have been paid for in full. If the customer defaults on payment, awalux is entitled to have the retention of title entered in the retention of title register at the customer's expense. The customer hereby gives his consent to such an entry in writing within the meaning of Art. 715 of the Swiss Civil Code.
6. We usually deliver our products within 10 business days, provided that the products are available and no other delivery period has been expressly agreed. The delivery periods stated are non-binding estimates. All delivery times are subject to unforeseen obstacles. If delivery is impeded by events beyond awalux's control, such as force majeure, operational or traffic disruptions, or delivery bottlenecks on the part of third parties, delivery times shall be extended by the duration of these impediments. In addition, awalux may withdraw from the contract in whole or in part if the products have not yet been delivered and cannot be procured within a reasonably extended delivery period due to lack of availability.
7. The quantities per packaging unit can be found in the order confirmation or the binding offer from awalux. Awalux reserves the right to adjust order quantities that do not correspond to a whole packaging unit. For products that are not included in a current awalux product and customer publication at the time of order confirmation, awalux reserves the right to adjust order quantities to internal production quantities or to charge a surcharge.
8. Shipping is at the customer's risk. Awalux organizes the transport of the products at its own discretion, taking into account any special requests from the customer as far as possible. All shipping costs and additional logistics services are at the customer's expense, unless these are costs incurred for subsequent performance due to a defect. The customer is obliged to provide us, upon request, with all information and documents necessary to comply with export control regulations (including sanctions regulations). If the customer delivers awalux products to third parties (including the customer's affiliated companies), the customer undertakes to comply with export control regulations (including sanctions regulations). We have the right to refuse performance in the event of violations of this provision.
9. For all products, but especially for temperature-sensitive and perishable products, the requirements published by awalux for the handling of the products and the expiration date must always be observed.
10. Goods that have been correctly delivered by awalux will only be taken back by awalux after prior agreement. In the event of a return of goods agreed with awalux, the following must be observed:
• In addition to the invoice number and invoice date, the customer must note on the accompanying document which awalux contact person agreed to the return.
• Goods can only be returned in their original packaging and must correspond to the current Awalux sales program. Returns of goods that are no longer in the awalux range will be disposed of without refund.
• Returned goods must be in perfect, saleable condition. Defective goods will be disposed of without refund.
• Custom-made products cannot be returned.
• Products marked with an expiry date must be returned within 14 days of delivery. If the returned goods meet the above conditions, the customer will be refunded the following amounts:
• Within 30 days of delivery: the invoiced net purchase price of the returned goods.
• From 30 days after delivery: the invoiced net purchase price of the returned goods minus 50% of the invoiced net purchase price of the returned goods.
11. The customer must immediately check our deliveries, services rendered, and our related invoices and report any defects in the delivered products, the services rendered, and/or errors in the invoice immediately, but no later than 8 days after receipt of the products or invoice or after the services have been rendered. Hidden defects must be reported immediately after their discovery. If defects are not reported in good time, warranty claims are excluded. Damage or loss incurred during transport must be ascertained by the customer through the postal service. In the case of truck deliveries, damage or loss incurred during transport must be confirmed by the truck driver. The customer may not refuse to accept deliveries due to minor defects.
12. Awalux warrants that the products delivered are free from defects and manufacturing faults. This warranty applies on condition that the product is used and handled, maintained and cleaned correctly in accordance with the operating instructions supplied by awalux and that, unless otherwise communicated, all warranty claims are made within 24 months of the date of sale. For services and repairs performed, the warranty period is also 24 months from the completion of the service or repair. All claims by the customer expire at the end of the warranty period. Warranty claims must be made in writing, stating the date of purchase and providing a detailed description of the defect. The product or the affected part of the product must be sent to awalux's headquarters in Switzerland immediately after the defect has been discovered. To the extent permitted by law, this warranty is final and supersedes all previous or simultaneous statements, written or verbal agreements in this regard. The warranty provisions contained in the device operating instructions remain reserved.
13. In the event of defects in the products or other services we have delivered, which occur within the warranty or guarantee period and are reported in a timely manner, we undertake, at our discretion, to either repair or replace the delivered products or to replace the delivered products or to repair or re-perform the service. Claims for rescission or reduction are hereby excluded. The warranty or guarantee claim expires if repairs are carried out by the customer or by third-party workshops. Since our systems form a technical unit, awalux products may not be used for purposes other than those recommended by awalux or in combination with products that are not suitable for the purpose. Warranty and guarantee claims are excluded if Awalux products are modified by third parties or if products or components from third parties are installed in Awalux products. There are no warranty or guarantee claims for defects due to normal wear and tear, improper handling, insufficient maintenance, or the influence of third parties.
14. It is the responsibility of our customers to be aware of the relevant regulations for the use of our products and to check any specifications of third parties. Awalux is liable within the scope of the mandatory provisions of product liability. Except in cases of unlawful intent or gross negligence, any further liability is excluded. Awalux's contractual or non-contractual liability in connection with damage attributable to acts or omissions of awalux's legal representatives, employees, and auxiliary persons, as well as the personal contractual or non-contractual liability of these persons, is excluded to the extent permitted by law (subject to the mandatory provisions of product liability). In any case, any liability for damages on the part of awalux, its organs, its employees, and any third parties engaged by awalux—regardless of the legal basis—is limited to the price paid or payable by the customer in accordance with the contract. Liability for indirect damages/consequential damages (including damages due to delay) is excluded in all cases.
15. All intellectual property rights acquired by awalux in connection with the manufacture of products or the performance of services or acquired from third parties remain the exclusive property of awalux. The customer may not use any intellectual property rights, in particular patents and/or trademarks, of awalux without the prior written consent of awalux.
16. The place of performance for all payments to be made by the customer is the registered office of awalux in Switzerland. Swiss law applies. The provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby expressly excluded. The place of jurisdiction for all disputes arising from this legal relationship is the registered office of awalux in Switzerland.