Läderach PROFESSIONAL - General Terms and Conditions
valid from: January 1, 2020
1. General information / scope
These General Terms and Conditions apply to all contracts on the sale of products and the provision of services between Läderach AG (hereinafter referred to as the “Vendor”) and its customers in Switzerland and Liechtenstein. Any special contractual agreements between the parties have priority. By placing an order for products and services, the customer recognises the General Terms and Conditions as a binding part of the contract. Provisions which deviate from the General Terms and Conditions shall only be deemed to be valid if and insofar as the Vendor has approved these in writing. Any general terms and conditions of business, purchase, delivery or any other terms and conditions of the customer do not apply.
2. Conclusion of the contract
The customer may place product orders with the Vendor in writing, electronically or by phone. The orders must contain the following information in relation to each
product ordered: (a) item number, (b) customer number, (c) quantity of order units and (d) desired delivery date. Prices are based on the respective price lists or quotes issued by the Vendor. An order shall be deemed to be accepted if the Vendor has not objected to this within two working days. Quotes are non-binding.
Provided no deviating written agreements have been made between the parties, prices are based on the price list. A new price list will replace all previous price
lists. Prices may be changed at any time without prior notice (raw material price, political changes, taxes, fees, charges and shipping costs, etc.). If the costs on which the cost calculation is based should change between the conclusion of the contract and delivery, the Vendor is entitled to adjust the prices stated in the order confirmation before final completion of the order assigned to it. The Vendor offers its customers discounts based on the current conditions of sale. The customer is not entitled to any additional price reductions or refunds.
Orders received by 3 p.m. will be delivered three working days later. Please note that deliveries to peripheral areas and outside of Switzerland may take one to two working days longer. Customer numbers and item numbers must be held ready for orders (see section 2). This helps to avoid any misunderstandings. The order units on the price list are binding.
5.1 Order changes
Once the order has been received, any desired changes can only be taken into consideration if the preparation work has not advanced too far for the Vendor to approve said changes. The costs of any preparation work already performed will be charged to the customer in full.
Transportation will be organised and provided by the Vendor. Delivery will take place by post or by lorry. The delivery method will be stated on the order confirmation. The minimum order quantity is one box or three trays. There is no minimum order value. From an order value of CHF 200 per delivery address, the Vendor offers free home delivery; for orders below CHF 200, a flat-rate complexity supplement of CHF 15 will be charged. This also applies to additional deliveries. The delivery contains the legally required product declarations, mainly on readymade labels. The Vendor and its logistics partners are committed to guaranteeing an optimum delivery service with regard to climate control and care for products. Goods mistakenly ordered by the customer and which have already been delivered cannot be returned and refunded for reasons of quality assurance. However, if the customer insists on returning these, the goods will be taken back free of charge upon the next delivery, but no refund will be provided.
6.1 Delivery times
The delivery time begins upon acceptance of the order by the Vendor and after all delivery details have been clarified. The delivery time will be extended as appropriate:
If delivery times cannot be complied with as per the Vendor’s delivery schedule due to the above-mentioned obstacles, the Vendor is entitled to deliver the ordered goods to the customer after the obstacles to delivery have been eliminated or to rescind the contract without incurring any liability for compensation. The Vendor will refund the customer any payments already made where necessary. The Vendor will not assume any liability for the undeliverability or delayed delivery of ordered goods owing to the customer having provided an incorrect delivery address or the recipient being absent. In the event of a delay in delivery or an incomplete delivery, the customer is not entitled to waive subsequent performance, rescind the contract or demand compensation.
Unless specific instructions have been given or special storage is required (e.g. deep-frozen), all products must be stored at a temperature of between 16 °C and 18 °C, in a dry, odour-neutral environment. The optimum humidity is 50 %. Any variation on this will damage the products and the Vendor cannot be held responsible for the resulting loss or damage. The Vendor is entitled to check compliance with quality requirements at any time.
8.1 Default of payment
If the customer fails to comply with payment terms, the customer will be required, without a separate reminder, to pay default interest at the interest rate for unsecured overdrafts prevailing at the registered office of the Vendor plus 1% as of the date when the payment is due. The right to assert further damages due to delay remains reserved. New orders are generally only carried out if invoices for prior deliveries have been paid in full and on time. The Vendor reserves ownership of the ordered products until the purchase price has been paid in full.
9.1 Notice of defects
Changes in the customer’s circumstances such as payment difficulties, cessation of payments, death, the initiation of debt enforcement proceedings, etc., entitle the Vendor to immediately withdraw from any performance obligations. This will render all relevant outstanding claims against the customer due immediately.
11. Limitation of liability
Any claims not resulting explicitly from these General Terms and Conditions are excluded. The Vendor is liable only for loss or damage proven to be due to intent or gross negligence. It does not assume any liability in cases of force majeure or where stocks of items are limited. All products and declarations are issued in conformity with Swiss law. Liability for consequential damage is excluded to the extent this is not prohibited by mandatory product liability regulations.