1. 1. Principle
  2. These general sales and delivery conditions are automatically part of all offers, contracts, deliveries and other services of Similor AG. They apply to all legal relationships between Similor AG and its customers and trading partners (hereinafter "the customer").

  3. 2. Conclusion and content of the contract
  4. The information in the catalogs, the dimensions, illustrations and documentation supplied by Similor AG are only guidelines and are not binding for Similor AG. By submitting his order, the customer agrees to be bound by these general terms and conditions of sale and delivery. All conditions or modalities set by the customer in his order or later, regardless of the form, in full or partial contradiction to these general sales and delivery conditions, are ineffective between the parties, unless Similor AG has expressly accepted them in writing. The contract between the parties is concluded at the time of receipt of a written order confirmation by the customer or, failing this, closed at the time of invoicing by Similor AG or upon delivery. After the contract has been concluded, the customer can no longer cancel the order.

  5. 3. Protection of industrial and intellectual property rights
  6. As part of the manufacture and delivery of special items by Similor AG, which are made to order and according to drawings, models and / or information supplied by the customer, the customer undertakes to indemnify Similor AG completely against any direct or indirect damage hold, which could arise as a result of the violation of patent, utility model, trademark or property rights of third parties. Samples, drawings, technical descriptions, assembly and maintenance instructions and other contract documents remain the property of Similor AG, even if the customer has paid all or part of the cost of their creation. Without the prior express written consent of Similor AG, they may not be copied, reproduced, or made available to third parties.

  7. 4. Prices
  8. All prices listed in our price list are recommended retail prices in Swiss Francs per piece. VAT, freight, postage and packaging costs for parcel shipments are not included and will be invoiced separately. The minimum postage / packaging value for PostPac Priority parcels up to 30 kg is CHF 9.00 from 01.01.2021 up to a net goods value of CHF 150.00 per order. Similor AG reserves the right to adjust its tariffs if necessary. Service work outside the warranty period, in accordance with the general terms and conditions, will be charged with the following costs:

    Travel allowance for man and vehicle

    • - Directions up to 25 km or 30 minutes CHF 65

    • - Directions up to 100 km or 90 minutes CHF 125

    • - Directions up to 200 km or 180 minutes CHF 150

    • - Directions over 200 km or 180 minutes CHF 180

    Hourly rate CHF 135.-

    The prices quoted are purely NET, excluding VAT, without repair and replacement materials.

  9. 5. Payment deadline and modalities
  10. The first delivery takes place against payment upon delivery or against advance payment. The invoices are payable net within 30 days. Failure to meet the agreed deadlines will cause the compensation for missed deadlines to begin at the rate of 1.5% per month.

  11. 6. Shipping and transport
  12. The goods are packaged in a manner customary in the industry. Transport and insurance fees are not included in our prices and are charged to the customer. Subject to another written agreement, the goods are always dispatched at the expense and risk of the customer. Euro pallets have to be exchanged. Reusable pallets will be charged and credited after return.

  13. 7. Deliveries
  14. The agreed delivery deadlines are met as far as possible. In the event of a delay in delivery, the customer can neither withdraw from the contract, waive its performance or claim damages for non-performance. In the event of force majeure, strikes or lockouts in your company or in your industry, including your suppliers, Similor AG is in no way liable as a result of the delayed performance. If a customer is in default with the fulfillment of its obligations, Similor AG reserves the right to suspend deliveries.

  15. 8. Quality and quantity
  16. Any complaint regarding weight, number of pieces or quality of the delivered goods must reach us within 8 days of receipt. Hidden quality defects, which may appear after this period, but at the latest 2 years after the invoice date, must be reported immediately, but at the latest within 8 days after their discovery. In any case, the complaints must be reported to Similor AG's registered office with a return receipt. Technical adjustments, in particular with regard to construction, form and materials, made by Similor AG on the goods compared to the description resulting from the offers, catalogs, dimensions, illustrations or documentation do not constitute any quality or conformity defects.

  17. 9. Warranty and liability
  18. The warranty claim for defects in products manufactured by Similor AG expires two years after the invoice date. However, the warranty period for surface treatments is limited to 1 year. The longevity of the "color" treatments is directly related to the observance of the care instructions contained in the information leaflet that accompanies the fitting. In order to benefit from this guarantee, the fittings supplied by Similor AG must be professionally installed in accordance with the instructions and by qualified specialists. Damage caused by: faulty installation (missing grounding, for example, the one Damage caused by electrolysis), Frost, Bumps, abnormal use, Use corrosive, abrasive or inadequate Care products, the water quality, solid impurities carried by the water. If the fittings are to be installed under plaster, they must be installed in such a way that the fittings can be removed without any risk of damage. In the event of a valve being changed or its treatment changed, Similor AG is released from any warranty. Hidden manufacturing defects of the wearing parts such as, in particular, but not limited to, handles, levers, hoses, diverters, mixing nozzles are covered by the warranty. The warranty does not cover wear and / or damage to wearing parts.

  19. 10. Implementation of the warranty
  20. Any claims under warranty are limited to the replacement of the delivered goods; The right of Similor AG to correct the defect or to grant a price reduction remains reserved. If the device in question is no longer available and / or is no longer produced, it can be replaced by a similar model of your choice in the same price category. The customer may not return the defective goods for exchange without having obtained the prior consent of Similor AG. In addition, any further liability arising from warranty (such as claims for wages, postage, freight, damages, lost profit, interest on arrears, contractual penalties, material damage or replacement costs of any kind) is completely excluded.

  21. 11. Non-contractual liability and product liability
  22. Non-contractual liability and product liability are only granted within the strict limits described in Articles 9 and 10 above, subject to mandatory statutory provisions. The customer is obliged to exclude claims regarding product liability as well as all other contractual and non-contractual claims that may be applicable to Similor AG in his contractual relationship with a customer, within the legal possibilities. He is obliged to immediately inform Similor AG of all concrete claims that a customer could assert against him in connection with product liability. The customer is not entitled to accept any liability on the part of Similor AG towards a third party.

  23. 13. Returned goods
  24. 14. Retention of title
  25. The delivered goods remain the property of Similor AG until the relevant invoice has been paid in full. If the buyer resells the goods, he is obliged to transfer the claims to Similor AG, which he has become entitled to on the basis of this resale. In the event that further measures prove necessary for the establishment of a retention of title or for the transfer of claims (e.g. register entry or individual assignment), the customer undertakes to take the necessary steps upon Similor AG's first request. By placing an order, the customer authorizes Similor AG to have a possible entry in the register about retention of title of the state in which it is located.

  26. 15. Divisibility
  27. The total or partial nullity or inapplicability of one or more clauses of these general sales and delivery conditions does not affect the validity of the relevant remaining clause or the other clauses of these general sales and delivery conditions.

  28. 16. Place of jurisdiction and applicable law
  29. Any disputes arising from or in connection with a contractual relationship that is subject to these general terms and conditions of sale and delivery must be submitted to the ordinary courts of Laufen. These general sales and delivery conditions as well as all legal relationships between the parties are subject to the substantive law of Switzerland. The United Nations Convention of 11 April 1980 on the International Sale of Goods is not applicable.