1. Subject of the Contract
These General Terms and Conditions apply to all offers, deliveries and services of the Package-Line GmbH.
2. Conclusion of the Contract
a. The contract between the customer and the Package-Line GmbH is concluded only by an order from the customer and its acceptance by the Package-Line GmbH. The customer places the order by phone, fax, letter, or email and internet. The Package-Line GmbH accepts the order by sending the customer an order confirmation (by fax, email, letter, or internet) or rather by delivering the goods or providing the services ordered.
b. The Package-Line GmbH is bound to a written offer for the duration of 30 days.
c. Information provided by telephone is only binding when confirmed in writing.
3. Services Offered
a. Any information concerning services and possible supplementary services, which the customer received from the Package-Line GmbH during the course of an ordering process, are non-binding. Particularly changes in design and technology as well as errors in descriptions, images and quotations are subject to error. The Package-Line GmbH reserves the right to consider deviations from the tender documentation or rather the order confirmation due to legal or technical standards.
b. The Package-Line GmbH is entitled to provide services owed rendered by a third party.
4. Terms of Payment
a. All published prices are binding list prices. They are in Swiss Francs, excluding VAT, not including packaging, not including freight from the domicile of the Package-Line GmbH. Transportation and packaging costs are calculated separately.
b. Goods and services for which fixed prices have not been explicitly agreed on in advance, will be billed at list prices valid at the time of performance or on a time and material basis at the current rate.
c. Without previously expressly stated written agreements, the Package-Line GmbH is not bound to the prices when a delivery time of more than four months from the written order confirmation is scheduled. In this case the list prices applicable at the time of delivery are charged.
d. Unless otherwise agreed, payments are due 10 days after billing, and without any deduction. Failure to comply with this payment period, the customer is in default without further notice.
e. Offsetting and retentions are only allowed if the customer’s claims are accepted by the Package-Line GmbH or are legally established as final and absolute. If there are several pending invoices to be paid by a customer, without any other orders, the oldest debt due among all of the debts due will be amortized first.
f. The Package-Line GmbH reserves the right to deliver goods and provide services only after prepayment by the customer. The Package-Line GmbH further reserves the right to, without prior notice, supply a customer only when paying by credit card, or by cash on delivery, or to impose a delivery stop.
5. Conditions of Delivery and Service Provisions
a. The products ordered or services requested can only be shipped or rendered to an address in Switzerland, Germany, Austria, or Liechtenstein.
b. The delivery of the goods is at the expense and risk of the customer, even for partial deliveries.
c. The Package-Line GmbH is bound exclusively by delivery terms agreed upon in writing. Order changes – unless otherwise agreed – result in cancellation of previously determined dates and deadlines.
d. In cases of force majeure or other events, the Package-Line GmbH is not responsible for the delivery, and the performance periods are extended accordingly.
e. Adjustments and cancellations of booked services from the Package-Line GmbH by the customer need to be made in writing in any case and obtain legal validity only after a written reconfirmation from the Package-Line GmbH. The latter is entitled to charge an expense and cancellation compensation.
6. Examination and Notice of Non-Conformity, Acceptance
a. Immediately upon receipt, the customer is obliged to examine the delivered products for errors and to inform the Package-Line GmbH of discernible faults in writing without delay.
b. Services and products are considered accepted unless the customer complains in writing immediately after the receipt of services.
c. Defects are considered to be properly reprimanded if warranty claims are made in writing and include a detailed description of the reprimanded defects.
7. Court of Jurisdiction and Applicable Law
a. The General Terms and Conditions at hand and the contracts which have been concluded under these General Terms and Conditions are subject to Swiss Law, to the exclusion of the UN purchasing law (CISG).
b. The Court of Jurisdiction is at the domicile of the Package-Line GmbH.
8. Final Provisions
a. For the supply and / or sale of goods and services, the General Terms and Conditions are exclusively applicable in their valid version at the time of conclusion of each respective contract. Furthermore, the Package-Line GmbH reserves the right to change the General Terms and Conditions at any time.
b. Terms and conditions of third parties (customers, distribution partners, etc.) are not accepted by the Package-Line GmbH – even if there are no obvious contradictions. Verbal additional agreements are not reached.
c. Amendments to these General Terms and Conditions, including changes to this clause, must be made in writing.
d. If any provisions of this agreement are or will be invalid, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a provision and come as close as possible to the economic intent of the invalid provision.
e. The place of performance for all deliveries and services of the Package-Line GmbH is the domicile of the Package-Line GmbH.
f. These General Terms and Conditions shall apply from July 1, 2015.