Terms of Service
It is our aim to serve you according to your needs and to your complete satisfaction. Therefore, these general terms and conditions are the basis of a fair customer relationship. So that these remain legible, we use the male form, but are aimed equally at female and male customers. By placing the order, the buyer accepts all points of these terms and conditions. The customer's purchasing conditions do not bind us even if we do not expressly contradict them again after we have received them.
2. Data protection
RoFLEX AG attaches great importance to data protection. Personal information is kept confidential. In general, collected data will not be passed on to third parties. We reserve the right to use such collected data for our own advertising purposes. If a customer does not want this, he must inform us in writing. RoFLEX AG customers have the option of receiving the latest information on new products, promotions or activities via an electronic newsletter. This service is free of charge and can be canceled at any time. We do not operate SPAM. Particularly sensitive data, especially information on payments by credit card) are transmitted in encrypted form for authorization requests.
3. Prices | value added tax
All prices given in our price lists in CHF or foreign currency are non-binding guide prices that were valid at the time of going to print. The prices valid on the day of delivery and corresponding to the ordered quantity will be charged. If the value of the goods is below CHF 100.00 (or EUR 200.00 for export deliveries), a small quantity surcharge may be levied or offset net. This remains at our discretion. Unless otherwise agreed or specified, the prices are ex works exclusive of postage / freight and packaging, plus statutory VAT. VAT does not apply to exports.
4. Offers | Orders
Offers are generally non-binding. RoFLEX AG reserves the right to accept or reject an order. If the quantities are changed at a later date, we reserve the right to make appropriate price adjustments. Orders for goods that are not kept in stock (or that are in significantly smaller quantities) cannot be canceled after the deadline according to Art. 9 OR.
5. Custom orders
Orders for custom-made products must be made in writing. The supplier is authorized to make excess or short deliveries within the scope of 10%. The tools required for custom-made products remain the property of the supplier, even if the customer pays a share of the costs.
6. Transport | delivery
Unless otherwise requested or agreed by the customer, the usual transport route determined by us will be used for shipments at home and abroad. We try to use the cheapest, optimal mode of transport. The customer expressly agrees to this. The dispatch takes place without exception at the customer's own account and risk, i.e. Unless otherwise agreed, the shipments are not insured for transport. If transport insurance is requested by the customer, we will offset the corresponding costs.
7. Payment terms
Unless otherwise agreed, our terms of payment are strictly net for 30 days. Deductions for early payments will not be recognized and will be charged later. After the 30-day payment period has expired, the buyer is immediately in default without the need for a reminder. After the payment period has expired, we are entitled to charge default interest of 5%. In any case, we reserve the right to request advance payment. Orders with prepayment are only released for dispatch after receipt of full payment.
8. Special conditions
Shortages of raw materials, operational disruptions, cases of force majeure and other events independent of its will release the supplier from the delivery obligations entered into for the duration of such hindrances and their consequences, without the customer concerned being entitled to any compensation.
9. Delivery times
We always endeavor to meet the specified delivery times on time. Delayed delivery does not entitle the customer to claim damages. Even in the case of late delivery, the customer is obliged to accept the goods, unless he has previously set a reasonable subsequent delivery period in writing and waives the delivery after this has expired. If necessary, we are entitled to make partial deliveries to a reasonable extent for the customer.
Any complaints about the goods must be reported to us in writing within 8 days of receipt. In the event of a justified complaint, the supplier may choose to return the rejected goods, either free of charge replacement or the invoiced price credited. Further claims for compensation are excluded. Every user or consumer of our products must check their suitability for the intended purpose before using them. He expressly assumes all risks associated with the use of the product and is solely responsible for any resulting damage.
11. Transport damage
Complaints in connection with the dispatch or transport must be addressed by the customer to the last carrier immediately upon receipt of the deliveries or the freight documents.
Returns caused by the purchaser will only be taken back on the basis of prior mutual agreement between the supplier and the purchaser, and with a deduction of at least 15% of the invoice value. If the returned goods need to be repaired or repackaged, an additional deduction will be made in the amount of the costs incurred. The return is at the expense and risk of the customer.
13. Retention of title
All deliveries are made with retention of title in our favor until all claims to which we are entitled have been met. The buyer is obliged to cooperate with measures that are necessary for the protection of our property, in particular he agrees that we are entitled at any time to have the retention of title entered in the register at the respective place of residence of the buyer and at his expense.
In the event of verifiable defects (manufacturing or material defects) in the delivered goods, we undertake, at our option, to provide a replacement delivery or repair within the statutory or contractually specified period. Any further liability, as well as all further claims of the buyer for any damage (direct or indirect, direct or indirect), in particular the statutory claims for material defects, are, as far as legally permissible, excluded. Suitability and use risks are incumbent on the customer / buyer, especially in the case of self-assembled lines and hydraulic hoses. In particular in the event of their improper use, storage, treatment, overuse or the like, we reject any warranty and other liability.
All information from RoFLEX AG is subject to copyright and may not be used without our written consent.
16. Place of jurisdiction | Applicable law
The place of jurisdiction and performance is the headquarters of RoFLEX AG. However, RoFLEX AG is entitled to prosecute the customer at his domicile or seat. Swiss law applies exclusively, excluding the conflict of laws provisions and the provisions of the UN Sales Convention (CISG).
These terms and conditions can be changed at any time and without notice.
RoFLEX AG, Kreuzlingerstrasse 48, CH-8580 Amriswil / TG