1. The terms specified below shall apply in the absence of any other agreement in writing.

Brochures, drawings and descriptions
2. Machinery are cunstantly updated, meanwhile pictures, brochures, catalogues, videos published by our company are only an example, and are not binding. Our Company reserves the right to make  reasonable variations to the specification and/or design of the machinery as are necessary prior to delivery.  
3. After receipt of an order we reserve the right to undertake changes as we may deem expedient for the improvement of machinery, equipment, etc.
4. Weights, dimensions, capacities, prices, technical and other data listed in catalogues and other printed matter, constitute an approximate guide.
5. Drawings or technical documents and proposals remain the property of us and must not without our consent be used by the Purchaser, or be copied, communicated to or in any other way brought to the knowledge of a third party.

6. Foundation drawings shall not be binding on us in respect condition of the site.

7. Prices are ex works, exclusive of packing. Transport shall be effected for the account and risk of the Purchaser. Any insurance of the goods shall be taken out on the initiative of the Purchaser.
8. Prices stated in quotations and order confirmations are current prices, and we reserve the right to adjust these in
case of changes in production costs or other factors beyond our control.
Scope of supplies
9. Quotations and order confirmations include only the parts and works expressly stated therein. Earthmoving and construction works of any kind - including the making of holes for pipes and bolts - insulation, electric installations, etc., are not included.
Trade terms
10. Trade terms shall be interpreted in accordance with INCOTERMS 2000.

11. We reserve the right to substitute any part whatsoever of the specified equipment for another part of equipment quality and function as the part originally specified.

12. If installation is included in our quotation the Purchaser shall ensure that the premises have been completed, equipped with doors and windows, light and heating, as well as electricity, that all foundations are dry, and that there is free access to move equipment in and out of the premises so that installation can take place without hindrance.
13. If installation time is extended because of circumstances beyond our control, additional costs arising from such extension shall be charged.
14. Additional labour necessary for installation shall be made available to us at no charge and shall be kept insured by the Purchaser. Materials for tests, e.g. fuel, oil and lubricants, etc. shall be made available by the Purchaser and at his cost.
15. The Purchaser shall be fully responsible to local authorities and fire insurers for the proper installation, positioning and connection of motors, electrical systems, etc., to the delivered equipment.
16. If installation is not included in our quotation, this work can be carried out by our installation engineers or other
specialists at the hourly rates applicable at the time in question. Costs for tickets, travelling time, idle time, board and lodging will be charged additionally provided that the Purchaser has paid no part of these costs himself.

17. Payment
30% of the contract sum shall be paid when the order is placed.
70% of the contract shall be paid at the time of dispatch.
Any advance payment made by the Purchaser is a payment on account and does not constitute a deposit, the
abandonment of which would entitle either party to terminate the contract.
All letters of credit shall be irrevocable and confirmed by a first-class Swiss bank; and all payments shall be
transferred to a first-class Swiss bank the name of which will be stated by us.
The letter of credit shall be opened no later than 14 days after the order has been placed or at a time agreed in writing between the parties. The letters of credit shall provide for:

A. Payment at sight against drafts/documents.
B. Shipment from European port.
C. Part shipment and transhipment.
D. Shipment on deck of acids and other dangerous or bulky goods.
E. Airfreight, payment against airway bill issued by the airline, or against airway bill issued by the forwarder.
F. If circumstances beyond our control prevent the goods from being dispatched, or if the customer for any reason
whatsoever does not wish to accept delivery of the plant or the machinery on the agreed date of delivery, we shall be entitled to lay-up the goods for the account and risk of the Purchaser in the warehouse of the forwarder against receipt which will release payment (FIA TA, FCR).
All costs arising from the opening and confirmation of the irrevocable letter of credit and from all transfers of payment shall be borne by the Purchaser.
18. The Purchaser shall in no case be entitled to retain any part of the contract sum in security of any kind of counterclaim.
19. When payment is effected by way of a Bill of Exchange, full and complete payment shall not be regarded as having been made until we have received the entire amount in cash.
20. If the Purchaser delays any payment or delays the opening of a letter of credit, we shall after having notified the Purchaser in writing hereof be entitled to charge interest on the outstanding amount at a rate of 4% per annum over the Swiss official discount rate reckoned from the day on which the sum in question fell due for payment. All payments shall be effected without a discount for cash.
21. Even if the Purchaser postpones the agreed date of delivery, payment shall fall due on the day originally agreed unless otherwise agreed in writing.

22. The property in the goods delivered shall remain with us until the entire contract sum has been paid. The Purchaser shall therefore not be entitled to sell, pawn or in any-other way dispose of the goods supplied as long as the contract sum has not been paid in full. The Purchaser shall be under an obligation to keep the goods supplied insured to their full value. The not change these stipulations. If goods delivered are installed or fixed in the
property of the Purchaser, the Purchaser shall be under an obligation to procure the consent to the above reservation of property from all mortgagees of the property and to make the same reservation with any future mortgagees, and before any such new mortgages to obtain our consent hereto.

Time of delivery
23. Times of delivery run from the time when all information, permissions, drawings, any advance payments,
etc., necessary for starting the work are available, and are stated in effective working weeks - or months, not including statutory holidays.
24. We shall assume no responsibility for delays of the supply or parts hereof caused by strikes, lockouts,
restrictions, working accidents, shortage of transport, delays in the supply of materials and parts ordered punctually by us from subcontractors, fire, acts of God, or other circumstances beyond our control. Failure to comply with times of
delivery shall not entitle the Purchaser to terminate the contract. The Purchaser shall furthermore not be entitled to damages.
25. Provided that the Purchaser has complied with the terms of payment we shall grant the following guarantee
For new machines of our own manufacture we undertake in the guarantee period in our workshops and within normal working hours to repair or replace those parts that have become useless because of provable defects in the material, design or execution of the work. The Purchaser shall notify us of such defects forthwith or no later than 8 days after such defect could have been discovered by the exercise of reasonable foresight. The Purchaser shall pay all costs of
carriage, and we shall be entitled to have installation engineer assistance on site placed at our disposal should
such assistance be required. Replaced parts shall remain our property and shall be returned to us at no charge.
26. The guarantee period shall run from the day of dispatch ex works and shall be 24 months at a daily production
period of 8 hours, but shall be reduced if the daily production period exceeds 8 hours.
27. On parts not of our own manufacture that form part of our supplies we shall grant the same guarantee as that granted us by our subcontractor.

  1. Exempted from this guarantee are wearing parts and consumption parts such as gaskets, fuses, belts, and
    pump parts.

29. Our guarantee does not cover the consequences of natural wear and tear, overloading, use of inappropriate
lubrication material, inadequate tending on the part of the Purchaser, inadequate construction works, nor chemical, electrical or other indirect influences. We also disclaim all responsibility for the expediency of any design stipulated by the Purchaser. This shall also apply to unoriginal parts and other factors ascribable to improper use, neglect, changes, accidents or failure to carry out required maintenance, or to use other than that intended.
Please note that all figures for consumption of power, steam, etc., and figures for capacities are approximate figures only.

30. If the Purchaser without our consent has work done by others than us, our guarantee on the parts in question shall no longer apply, and we shall not reimburse expenses or costs incurred in connection with such work.
31. If after the time of the order new laws or regulations are introduced that require the parts ordered for the supply to be changed in any way, such changes shall not come under the scope of the supply.

32. We shall not be liable in damages for consequential loss, loss of profit, loss of earnings or any other indirect loss of any kind arising from any cause whatsoever.

33. On second-hand machinery and machine parts as well as repairs hereof, we shall grant no guarantee.

34. If errors or deficiencies have not been claimed before the expiry of the above time limit and no later than 12 months after delivery, the Purchaser shall have no further claims for damages or defects.
Liability for personal, injury and damage to property (product liability)

35. We shall be liable for personal injury only if it is established that such injury was caused by fault or neglect on the
part of ourselves or others or whom we are liable. We shall not be liable for damage to real or personal property.
We shall not be liable for consequential loss, loss of earnings or any other indirect loss. If a product liability claim is brought against us by a third party, the Purchaser shall indemnify us to the extent that by the operation of the three aforementioned paragraphs our liability is limited. If a third party brings a claim against either party for damages under this clause, that party shall notify the other of such claim forthwith. In the event of a claim brought against either party on account of damage or injury allegedly caused by the supply, the Purchaser and we shall be under a mutual obligation to appear before the Court that hears such cases. Always provided that any dispute between the Purchaser and us shall be settled through litigation in pursuance of section 38. These limitations of our liability shall not apply if we have been guilty of gross negligence.

36. Resale
On account of our sole distributors abroad goods supplied shall not be reexported
without our consent. If this point is violated the Purchaser shall be liable to pay the damages we may be
ordered to pay.

37. Cancellation
Cancellation shall be effected only with our consent in writing, and the Purchaser shall indemnify the seller for costs and expensed as below :

  • In case of equipment have not yet been manufactured a compensation of 10% of contract's value is due to the seller.

  • In case of equipment have been already partially manufactured a compensation of 30% of contract's value is due to the seller.

  • In case of equipment have been entirely manufactured, a compensation of 50% of contract's value is due to the seller.

38. Disputes
Any dispute between the parties arising the contract shall be settled according to the Swiss international arbitration codex and shall be brought to the arbitration of the chamber of chommerce of Cantone Ticino ( Switzerland) in Lugano.


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