These terms and conditions apply to all business relations. Deviations shall only apply if they are confirmed in writing by Duscholux and only for the relevant contract. General terms and conditions of counterparties are generally excluded.
Offers from Duscholux are always subject to change without notice with regard to price, delivery period and delivery options. The purchase contract shall only come into effect upon written confirmation of the order by Duscholux. The creditworthiness of the buyer shall be assumed when accepting orders. Sample shipments for inspection or selection shall be deemed sold and accepted if they are not returned to Duscholux freight and postage paid within 4 weeks of receipt.
Unless otherwise agreed, prices are ex works. They are calculated on the basis of the currently valid material prices and wages. Duscholux reserves the right to adjust prices if these factors change before the delivery date. Errors of all kinds, in particular spelling, calculation and calculation errors, shall not bind Duscholux. Duscholux can correct these at any time vis-à-vis the purchaser.
The dispatch always on calculation and danger of the buyer. In the absence of special instructions, the choice of transport route and means shall be made at the best discretion of Duscholux without guarantee of the cheapest shipment. The ordering party must ensure that the items to be delivered are accepted at the specified shipping address. Partial deliveries are permissible. The transfer of risk takes place when the goods are handed over to the carrier or to the purchaser (when the goods are collected).
The delivery period shall commence on the day on which the purchase contract is concluded by order confirmation from Duscholux. Compliance with the delivery period requires technical clarification in all details and timely receipt of all documents to be supplied by the ordering party. Our delivery dates are given at our best discretion, but without any obligation. In any case, however, an attempt will be made to adhere to fixed delivery periods. Claims for damages due to non-performance or delay are excluded.
Invoices must be paid net within 30 days of the invoice date. Payment can be made in cash or by bank transfer. In the event of late payment, Duscholux shall be entitled to charge interest on arrears at a rate of 5% p.a. without the debtor having to be put in arrears again beforehand. If Duscholux or an assignee asserts legal claims against invoice amounts with which the Customer is in default of payment, Duscholux shall be entitled to revoke discounts or other benefits granted. Duscholux's invoices shall be payable in full irrespective of receipt of the goods, even in the event of partial deliveries and in the event of a notice of defects within the meaning of Clause 8. A right of set-off and retention does not exist. Default in payment releases Duscholux from the obligation to comply with promised deadlines. If events occur at the buyer which cast doubt on his creditworthiness or if such circumstances existing prior to conclusion of the contract subsequently become known, Duscholux may also demand payment before dispatch or assembly. In this case, the purchaser shall not be entitled to withdraw from the contract. Duscholux representatives are not entitled to collect payments unless they present a special power of attorney.
Deliveries by Duscholux shall remain the property of Duscholux until payment of all Duscholux claims (on whatever legal grounds). In the case of current invoices, the retention of title shall be deemed security for Duscholux's balance claim. The purchaser undertakes to cooperate in establishing the retention of title to the extent necessary. The corresponding costs and fees shall be borne by the buyer. The purchaser may only dispose of the goods in the ordinary course of business, but may neither pledge them nor assign them by way of security. The purchaser must notify Duscholux immediately of any attachments of the goods not yet paid for.
In the event that the buyer sells the goods delivered by Duscholux (treated or processed, mixed or combined, alone or with third-party goods), i.e. also uses them on the basis of a contract for work and services or other contract, he assigns to Duscholux all claims against his partners with all ancillary rights, including any claims for separation and separation. He is revocably entitled to collect the claims assigned to Duscholux himself if he is not in default.
Catalogues, drafts and drawings sent by Duscholux shall remain the property of Duscholux and may not be copied, even partially imitated, or transferred to third parties for the purpose of commercial exploitation. Misuse will be prosecuted. Duscholux is entitled to photograph deliveries made for its own advertising purposes and to use these pictures in its own advertising.
n the event of production disruptions or raw material shortages as well as official measures or cases of force majeure (war, operational disruptions, impossibility of delivery), these shall release Duscholux from any obligation entered into for the duration of such disruptions or shortages..
Duscholux shall be liable for defects and other complaints, including the absence of warranted characteristics, to the exclusion of all further claims against it and its vicarious agents as follows:
All those parts shall be repaired or replaced free of charge at Duscholux's discretion which within 2 years - irrespective of the operating time - from the day of the transfer of risk demonstrably come to harm as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, or whose usability has been considerably impaired, irrespective of the operating time. Complaints about such defects can only be considered if they are reported to Duscholux in writing within 10 days of arrival of the goods at the latest, specifying the claimed defects in detail. The ordering party shall grant Duscholux reasonable time and opportunity to remedy these defects. If he refuses to do so, Duscholux shall be released from its liability for defects.
Defective parts shall only be repaired or replaced if they are sent to Duscholux freight and packaging paid. Duscholux shall not be liable for defects arising after the transfer of risk. In particular, Duscholux shall not be liable for defects attributable to natural wear and tear, nor for damage resulting from faulty or negligent handling, unsuitable equipment, wilful damage, defective construction work, improper assembly (not in accordance with assembly instructions) and storage. Duscholux shall not be liable for damage caused by third parties, e.g. craftsmen. Duscholux shall also not be liable for modifications and repair work carried out by the ordering party or third parties. If Duscholux is commissioned or called upon to remedy such or similar damage, a new additional order shall be created which shall be invoiced on the basis of the actual expenditure of time and material and to which these Terms and Conditions shall apply mutatis mutandis. The same shall apply if Duscholux undertakes assembly from the outset.
Duscholux shall be liable for replacement parts to the same extent as for the original delivery item, and only until expiry of the warranty period applicable to the original item. Hidden defects must be reported to Duscholux within 10 days of becoming known, otherwise Duscholux shall be released from its liability for defects.
If the purchaser is advised by Duscholux, this shall be without obligation and to the exclusion of any liability risk. Duscholux shall not be liable for the usability of the product assumed by the customer. Duscholux shall only be liable for direct damage caused intentionally or by gross negligence. Unless otherwise agreed, the applicable standards and DIN tolerances shall be deemed accepted.
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is THUN. The contractual relationship shall be governed by Swiss substantive law to the exclusion of the UN Sales Convention of 11 April 1980 (CISG). Place of performance is THUN.
The contract remains binding in its remaining parts even if individual points are legally ineffective.
