AGBs

1. general

These terms and conditions of sale and delivery are mutually valid and binding between Hanno (Schweiz) AG as seller (hereinafter referred to as Hanno) and the customers as buyers/orders (hereinafter referred to as the customer). Other terms and conditions shall only apply if they have been mutually agreed expressly and in writing.

2 Prices and conclusion of contract

Price information is provided on the basis of Hanno's currently valid price lists. Hanno reserves the right to adjust prices at any time without prior notice due to changes in market conditions, inflation or exchange rate adjustments. The sales prices are exclusive of VAT. The purchase contract only becomes effective upon written confirmation by Hanno.

3 Dimensions and illustrations

The dimensions, text and illustrations in our documents/website are non-binding.

4. special requests

The customer assumes sole responsibility for the accuracy of the drawings, designs, models or samples and their specifications provided to Hanno. In addition, the buyer/orderer assumes responsibility for the manufacture and delivery of the products so that industrial property rights of third parties cannot be infringed. Hanno is not obliged to carry out an examination in this respect. Offers and confirmations of special parts are always made on the basis of Hanno's assessment of the manufacturing costs. Hanno reserves the right to withdraw from the contract without liability for damages if unforeseen difficulties arise during production which cannot be solved by Hanno with reasonable effort. Unless otherwise agreed, all expenses beyond normal consultation are not included in the price and will be invoiced separately.

5 Delivery periods and delivery obligations

The obligation to deliver exists only on the basis of Hanno's order confirmation. In the case of goods in stock, delivery shall be made immediately, ex warehouse Sissach. For items not tested in stock and customised products, the delivery time is 1-2 months, but this information is not binding. Hanno reserves the right to make partial deliveries. Firmly placed orders can only be cancelled due to delivery delays if the customer has been informed in writing that the delivery deadline has been exceeded and a reasonable grace period granted by Hanno has expired unused. Unless the customer has declared a valid cancellation, he is obliged to accept the goods even in the case of late deliveries, unless otherwise agreed. Deliveries on call are only binding if they have been expressly agreed. Unforeseeable events in the sense of force majeure such as war, international tensions, riots, shortage of raw materials, operational disruptions, epidemics, pandemics, strikes, etc. as well as other events independent of the will and influence of Hanno or its supplier plant release Hanno from the obligation to make partial or complete delivery without any obligation to pay compensation. In all other cases, liability for slight negligence (slight and medium negligence) is excluded. Liability for auxiliary persons is completely excluded.

6. packaging / dispatch

Packaging and shipping costs will be charged additionally. The packaging will not be taken back. EURO pallets are excluded from this and will be exchanged. Hanno will choose the most favourable packaging and shipping method without special instructions. In the event of transport damage, the customer undertakes to have a report made before accepting the consignment and to notify Hanno immediately of any damage, otherwise any material warranty and compensation claims of the customer will be forfeited.

7 Terms of payment

Payments must be made net within 30 days of the invoice date. Unjustified deductions will be charged subsequently in any case. In the event of late payment, we shall charge 5% interest on arrears. If the standard commercial rate for interest on unsecured overdraft facilities with Swiss banks is higher, this higher rate shall apply.

 

8 Retention of title

The goods delivered by Hanno remain its property until full payment has been made. If the buyer defaults on payment of the purchase price, Hanno is entitled to have the retention of title entered in the retention of title register at the customer's expense. Goods that have not been paid for in full may not be sold, pledged or otherwise encumbered with third-party rights. The right is reserved to sell the goods in the course of the customer's ordinary business activities. In this case, the customer assigns its purchase price claim to Hanno.

9 Notification of defects

The customer shall, as soon as it is feasible in the ordinary course of business, examine the condition of the goods received and, if defects are found for which Hanno is liable, notify Hanno immediately. If the customer fails to do so, the purchased goods shall be deemed to have been approved, unless the defects were not recognisable during the usual inspection. If such defects are discovered later, notification must be made immediately after discovery, otherwise the item shall also be deemed to have been approved with regard to these defects and any warranty claims and claims for damages on the part of the customer shall be forfeited.

10 Warranty and compensation / limitation period

Hanno's warranty of quality consists, at its option, either in accordance with the scope of liability of the manufacturer/supplier of a product towards Hanno or in the replacement of the defective object of purchase; Hanno also reserves the right to issue a credit note instead of a replacement delivery, provided that the goods have not been further processed. Further material warranty claims are excluded. Also excluded from the warranty are damages due to improper storage of the goods by the customer, natural wear and tear of the goods, defective processing of the goods and disregard of regulations by the customer. Liability for slight negligence (slight and medium negligence) is excluded. Liability for auxiliary persons is completely excluded. Warranty claims for defects shall in any case expire one year after delivery of the goods to the customer.

11. return of goods

Goods can only be returned with the prior consent of Hanno. Customised products as well as items not kept in stock, shortened original lengths, goods that have already been assembled once, modified, damaged or not originally packed items will not be taken back under any circumstances. When exchanging goods from the stock range, Hanno reserves the right to reduce the amount of the credit note accordingly or to charge an additional price for handling and repair. In the case of returns, it is essential to state the invoice number, the invoice date and any delivery note data. Copies of these documents must be enclosed. In any case, 20% of the invoiced amount will be deducted for handling costs for returned goods.

12 Cancellation of orders

The cancellation of orders by the customer requires the express written consent of Hanno. Complaints about a delivery do not entitle the customer to cancel the remaining deliveries of an order. Hanno is entitled to withdraw from delivery obligations if the customer's financial situation turns out to be more negative than originally assessed, as well as if it turns out to be different from what was presented to Hanno by the customer or third parties.

13. partial invalidity

Should one or more provisions of these GTC be invalid, unlawful or otherwise ineffective, this shall not result in the ineffectiveness of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

14 Data protection

The parties undertake to comply with all applicable legal obligations when processing personal data in the context of the execution of this contract, in particular the provisions of the Federal Act on Data Protection (FADP) and the provisions of the General Data Protection Regulation of the European Union (GDPR).

15 Place of fulfilment and jurisdiction

Theplace of fulfilment and jurisdiction is Sissach.

16 Applicable law

Only Swiss law, in particular the Swiss Code of Obligations, shall apply.

Status: July 2022
Hanno (Schweiz) AG, 4450 Sissach / www.hanno.ch