General conditions of sale and delivery
Validity of orders:
An order is deemed valid only if confirmed by us in writing. The customer shall verify our order acknowlegment to ensure that it complies with their order.
Our offers are not binding and subject to prio sale of the offered materials. Our prices shall be understood as follows:
· For the Swiss market: goods delivered free-domicile by regular carriers, excluding packaging.
· For foreign markets: goods delivered free Swiss border excluding packaging, not customs cleared, unless other conditions have been expressly agreed upon in writing.
We respect the ordered quantities as close as possible. However, for manufacturing reasons, we reserve a delivery margin of: +30% to –20% for all quantities up to 30 kg, +30% to –10% for all quantities between 31 and 50kg, +20% to –10% for all quantities between 51 and 99kg and +10% to –10% for 100 kg and above.
Cancellation of order:
Order cancellations are not accepted once the order has entered production.
We shall at our discretion replace or credit any goods that we recognise as being deficient or substandard. We assume no liability for claims exceeding the value of the delivered goods (e.g. manufacturing costs, tooling expenses, losses of any nature whatsoever, also on behalf of third parties). No returns of any quantity will be accepted without our first having received a representative sample and given our prior consent. The contested goods shall be in the condition in which they were delivered. Material already consumed by the customer will not be replaced. Our products must be inspected or tested on receipt. No complaint will be admitted more than 30 days after despatch of the goods.
The indicated delivery times will be respected as strictly as possible but shall not be binding. We shall not be held responsible for any delays of delivery and performance because of Force Majeure. Such events will be entitle us to either extend the respective term of delivery or performance or rescind the contract in total or partially. The present conditions of sale alone shall apply on conclusion of the contract.
For toll work, our responsibility applies strictly to the execution of the agreed upon work carried out in accordance with the generally accepted practices of the industry. The material is provided at Lamineries MATTHEY SA at the customer's own risk.
Acceptance of returned waste material:
In principle, return of waste material is not accepted. If, after prior agreement, waste material is taken back, it must come from the material that we delivered and not contain any foreign matter which prevents it from being re-melted.
Terms of payment:
Pricing and terms of payment confirmed on our order acknowledgment are fixed and final.
In case of non-payment, interest will accrue as of the due date and be automatically levied on arrears without any formal prior notice. Collection charges shall be borne by the customer.
Applicable law and jurisdiction:
All litigation shall be settled according to Swiss Commercial Law (Code of Obligations – CO) and jurisdiction shall lie with the courts of La Neuveville.