Terms and Conditions of Sale and Delivery

Validity and scope

  • These terms and conditions of sale and delivery are valid für all contracts of purchase and delivery concluded between KRONOSPAN SCHWEIZ AG, CH-6122 Menznau, Switzerland ("KRONOSPN") and its contracting partners ("purchasers"). They regulate the rights, duties and obligations of KRONOSPAN and its contracting partners.
  • Any deviations from these terms and conditions of sale require the explicit written consent of KRONOSPAN.

Offer and contract conclusion

  • If the purchaser places an order, this is deemed to be a binding offer of the purchaser. KRONOSPAN can accept this offer within 14 days by sending a written order confirmation.
  • The contract shall only be effected with KRONOSPAN sending the order confirmation, even if the order had been made towards a representative of KRONOSPAN.

Prices

  • The prices and currencies that were mutually agreed and stated in the order confirmation shall be relevant. All prices are quoted exclusive of VAT, unless otherwise indicated.
  • If commodity or energy prices alter lastingly after placing of the order, KRONOSPAN is entitled to adequately adjust its prices.
  • Unless otherwise agreed in writing, the invoices of KRONOSPAN are due pursuant to invoicing. In the event of delay in payment, a default interest of 6% will be owed.

Delivery

  • Delivery takes place for the account and at the risk of the purchaser, unless otherwise agreed. Packaging can be charged separately and will not be taken back. KRONOSPAN is authorised to undertake delivery in several stages.
  • If delivery is substantially impeded by an impediment that is beyond KRONOSPAN's reasonable control, KRONOSPAN is authorised to suspend any delivery or to withdraw entirely or in part from the contract, as, in particular, in case of natural disasters, operative failures or if a supplier failed to supply KRONOSPAN in time.
  • In the event any delayed delivery caused by KRONOSPAN results in the purchaser suffering any damage, KRONOSPAN shall only be liable for this damage if the delay is based on gross negligence.

Warranty

  • The warranty period is six months from dispatch.
  • Objections are to be raised towards KRONOSPAN in writing without delay, at the latest seven days after receipt of the goods at the destination, indicating the alleged lack of conformity with the contract. In the event the purchaser does not inform KRONOSPAN about any objection, the goods are deemed to be accepted.
  • If the goods are not deemed to be according to the contract, KRONOSPAN is entitled to replace the defective goods free of charge within a reasonable period of time through subsequent delivery of any goods which are deemed to be according to the contract. Further claims of the purchaser, such as, in particular, to compensation for work, material or loss of profit shall be excluded, as well as the termination of the contract or the reduction of the purchase price by the purchaser.
  • Quantity deviations of up to 10% shall be accepted by the purchaser.
  • Goods taken over by the purchaser at the plant are deemed to be accepted and can no longer be subject to complaint. After the beginning of the handling or processing of the goods delivered by KRONOSPAN, any claims of the purchaser shall be forfeited. Notification of defects does not entitle the purchaser to refuse acceptance or payment of the goods.

Reservation of title

  • KRONOSPAN reserves the ownership of the goods it has sold until receipt of any and all payments due under the contract.

Place of performance, place of jurisdiction and applicable law

  • Place of performance and place of jurisdiction for both parties is CH-6130 Willisau, Switzerland.
  • The legal relationships between the parties shall be subject of the uniformed UN-purchase law (CISG) and of Swiss law, provided it is not applicable.

Invalidity of individual provisions

  • In the event of any individual provisions of these General Terms and Conditions of Purchase being or becoming invalid, the validity of the remaining provisions shall not be affected.

 

KRONOSPAN shall not be obliged to deliver the goods ordered before payment of the agreed price is guaranteed, and that through the commercial credit insurance used by Kronospan Schweiz AG, a bank guarantee acceptable for Kronospan Schweiz AG or prepayment. If this is not the case until the date of delivery agreed, Kronospan Schweiz AG can withdraw from the contract.

Validity and scope