General Terms & Conditions

Scope, Offer and Conclusion of Contract

Parametric GmbH declares the General Terms and Conditions of Delivery as binding in all offers and order confirmations. Deviating definitions in these, such as Incoterms used, take precedence. Parametric GmbH does not accept the customer’s general terms and conditions of delivery under any circumstances, even if the customer declares them to be applicable in his order. If the customer does not object to the order confirmation from Parametric GmbH within five days in writing, he waives the application of his general terms and conditions of delivery; otherwise no contract is concluded.

Scope of supplies and services

The deliveries and services are conclusively listed in the order confirmation or the time-limited offer of Parametric GmbH, if necessary by reference to enclosures.

Drawings and technical documents

Specifications in technical documents are binding insofar as they are expressly guaranteed by Parametric GmbH in the order confirmation or the limited time offer. Otherwise they are approximate values and Parametric GmbH reserves the right to change them. Parametric GmbH reserves the right to the copyrights of the technical documentation.

Prices

All prices are understood to be net, without value added tax, ex works, without packaging, without any deductions. The customer shall bear all ancillary costs (packaging, freight, insurance, fees for export, transit, import and other permits and certifications, customs duties and all other charges). Parametric GmbH reserves the right to make a proportionate price adjustment in case of a significant change in the wage rates or material prices between the conclusion of the contract and its fulfilment. Parametric GmbH shall be entitled to reasonably adjust the price if the delivery period is subsequently extended for reasons beyond its control or if the documents supplied by the customer have not complied with the actual circumstances or were incomplete.

Terms of payment, waiver of defence of non-performance and set-off

All payments are to be made in Interlaken, without deduction of cash discount, expenses, duties, customs duties and the like. The due date and the amount of partial payments shall be determined by Parametric GmbH’s order confirmation or offer. If no details are given, the price is due for payment 30 days after the date of delivery. Delays in delivery for which Parametric GmbH is not responsible, as well as defect rights and other counterclaims of any kind on the part of the customer do not entitle Parametric GmbH to withhold payment in whole or in part or to refuse payment.

Retention of title, insurance obligation

Parametric GmbH shall remain the owner of all deliveries until the price agreed with the customer has been paid in full. The customer undertakes to insure the goods against all risks until the transfer of ownership at his own expense.

Term of delivery

The delivery period shall commence as soon as the contract has been concluded, all official formalities have been completed, agreed advance payments and securities have been provided and the essential technical points have been cleared up. The delivery period shall be deemed to have been met if the notification of readiness for dispatch is sent to the customer by the end of the delivery period. The delivery period shall be reasonably extended

  • if Parametric GmbH does not receive the information required for the fulfilment of the contract in time, or if the customer subsequently modifies it and thus causes a delay of the deliveries and services;
  • if obstacles of any kind occur which Parametric GmbH is unable to avert despite exercising the due care and attention, in particular epidemics, war, riots, operational breakdowns, accidents, labour disputes, delayed or faulty delivery of the necessary raw materials, semi-finished or finished products, official measures or omissions and natural events;
  • if the customer is in arrears with his preparatory actions or is in arrears with the fulfilment of his contractual obligations, in particular if he does not comply with the terms of payment. The customer is entitled to claim compensation for delayed deliveries if a delay is proven to have been caused by Parametric GmbH and if he can prove damage as a result of this delay. The compensation for delay shall not exceed 1/2% for each full week of delay, but not more than 5% in total, calculated on the price of the delayed part of the delivery. The first two weeks of the delay do not entitle the customer to any compensation for delay. If the maximum delay compensation has been reached, the customer may set Parametric GmbH a reasonable period of grace in writing. If Parametric GmbH culpably fails to comply with this period of grace, the customer shall be entitled to refuse acceptance of the delayed part of the delivery. Due to delay of deliveries or services, the customer has no rights and claims other than those expressly stated in the above paragraph. This limitation does not apply to unlawful intent or gross negligence on the part of Parametric GmbH, but also applies to unlawful intent or gross negligence on the part of auxiliary persons.

Transfer of benefit and risk

Benefit and risk shall be transferred to the customer at the latest upon departure of the delivery ex works, even if Parametric GmbH takes over the forwarding agency. If the departure of the delivery is delayed for reasons for which the customer is responsible, the goods shall be stored at the customer’s risk and expense.

Inspection of deliveries and services, notification of defects

The customer shall inspect the goods and services visually and by means of methods, within 10 days of receipt of the goods and by means of which the existence of the presumed and warranted characteristics can be detected, and shall notify Parametric GmbH immediately in writing of any defects. Assured properties are only those that are designated as such in the specifications. If the customer fails to notify us of defects, the deliveries and services shall be deemed to have been approved. Parametric GmbH undertakes to remedy any defects as quickly as possible.

Warranty, Disclaimer

Parametric GmbH guarantees the functionality of the deliveries and services to the customer for 12 months after notification of readiness for shipment. For replaced or repaired parts, the period begins to run anew as of replacement or completion of the repair. The guarantee expires prematurely if the customer or third parties make changes or repairs to the deliveries and services without the consent of Parametric GmbH. The warranty does not cover damage due to natural wear and tear, inadequate maintenance, non-compliance with operating instructions, incorrect operation, excessive stress, chemical or electrolytic influences, water, corrosion, erosion and the like. Parametric GmbH undertakes to repair or replace all parts of the deliveries for which there is a warranty obligation according to the preceding paragraph as soon as possible at the written request of the customer until the expiry of the warranty period. The customer has no rights and claims other than those expressly stated in this and the preceding paragraphs due to defects of any kind in deliveries or services. In particular, claims for damages, reduction in price or withdrawal from the contract are excluded. Under no circumstances shall the customer be entitled to compensation for damages which have not occurred on the delivery item itself, such as loss of production, loss of use, loss of orders, loss of profit or other direct or indirect damages. These restrictions do not apply to unlawful intent or gross negligence on the part of Parametric GmbH, but they also apply to unlawful intent or gross negligence on the part of auxiliary persons.

Applicable law and place of jurisdiction

The legal relationship between Parametric GmbH and the customer is subject to Swiss law. Place of jurisdiction is Interlaken.

Parametric GmbH, November 2017