GENERAL BUSINESS CONDITIONS valid from 1.5.2010
The following general terms and conditions apply unless other agreements have been made in writing. You must be brought to the customer's attention on the occasion of the offer, order confirmation, invoicing, delivery note and on the hamilton AG website.
All offers of Hamilton AG, in writing, by telephone or orally, are subject to change. Hamilton AG makes every effort to comply with the prices, quantities of qualities and delivery times offered.
3. Contract creation
All orders require the validity of the written confirmation or invoicing by Hamilton AG, oral or telephone contracts are concluded to the extent that this right is expressly exercised. Hamilton AG is not obliged to keep the ordered goods available in stock at all times.
4. Scope of deliveries and services
The deliveries and services of Hamilton AG are listed in the order confirmation, invoicing, delivery note including any additional inserts.
5. Plans and technical documents
Prospectuses, catalogues and information on the Hamilton AG website are not binding without any other agreement. Information in technical documents is only binding to the extent that it is expressly assured. Each Party reserves all rights to plans and technical documents which it has handed over to the other. The receiving Party acknowledges these rights and will not make the Documents available to third parties in whole or in part without prior written authorisation or use them outside the purpose for which they were handed over to it.
The prices refer to the confirmed or invoiced services from the house of Hamilton AG. Prices are not applicable for additional or low quantities as well as reorders. Vat is not included in the prices and will be charged separately. All prices are based on the wages, costs, levies and exchange rates known on the day of confirmation. If the same increases in the period leading up to delivery, Hamilton AG reserves the right to increase the prices according to the settlement of a minimum position value. The cancellation of discounts on small invoices is reserved.
7. Quantity tolerance
A technical over- or under-delivery of the agreed quantities is expressly reserved.
8. Delivery periods
All information on expected delivery times is non-binding. They are carried out to the best of our knowledge, as they can be adhered to under normal delivery and under orderly conditions. Claims for damages due to delay in delivery are excluded. If the buyer withdraws from the contract due to delay in delivery, Hamilton AG is entitled to invoice the costs incurred.
9. Force majeure
Force majeure shall be deemed to be all events and circumstances which are not influencing by Hamilton AG and which affect the performance of the contract. Hamilton AG is entitled to cancel orders in whole or in part without compensation if force majeure, whether at Hamilton AG itself, at its suppliers or on the road, makes their fulfilment impossible.
10. Benefits and Dangers
The use and danger of shipping, i.e. as soon as the goods leave the premises of Hamilton AG, are transferred to the buyer. The insurance of the goods against damage and losses during transport is the responsibility of the buyer. Any complaints must be made to the transport company concerned before the goods are taken over.
11. Terms of payment
Invoices from Hamilton AG are payable without any deduction. The payment period is 10 days from the invoice date, unless otherwise agreed. Hamilton AG may demand payment guarantees or advance payments after the order confirmation has been issued. If these are not the case, further contract processing may be discontinued, whereby the accrued costs are due without delay. If contract processing requires the commitment of larger funds, either for material or subcontracting, or if it is a first order, Hamilton AG is entitled to demand advance payments to cover its expenses. The amount of the advance payments and their due date must be recorded in the order confirmation. After default, Hamilton AG is entitled to charge default interest (usually current account interest rate plus 1) and expenses.
12. Tools and measuring equipment
The tools and measuring equipment provided by Hamilton AG remain the property of Hamilton AG, even if pro-rata costs are charged. Borrowed tools and measuring equipment must be returned within 3 days, otherwise Hamilton AG is entitled to invoice the contractual partner.
13. Intellectual Property Rights
Trademarks, drawings and projects remain the property of Hamilton AG. It is not permitted to use, produce or pass them on to third parties without express permission. This also applies to electronically stored archive data and their continued use.
14. Retrieval transactions
The additional costs incurred in the case of call-off transactions for the use of the warehouse and the return on the capital bound in the transaction (labour, material) shall be borne by the contractual partner.
15. Warranty and Liability
Hamilton AG undertakes to make replacement delivery or repair at its own discretion in the event of demonstrable manufacturing or material defects on the delivered goods, provided that the defect is made by telephone within the statutory or contractually stipulated period. or communicated in writing. In the event of incorrect storage or treatment, overuse or unsuitable use, Hamilton AG disclaims all warranties and other liability. The assertion of further claims against Hamilton AG, in particular for conversion, reduction or compensation for direct or indirect damage is excluded. In principle, the warranties/regulations apply to products of Hamilton AG suppliers, namely: Kubota, John Deere, Europower, Nanni Diesel, Broadcrown, Fischer Panda and other suppliers.
16. Retention of title
All purchase items remain the property of Hamilton AG until full coverage of all liabilities arising from the purchase agreement. The retention of title also remains in force for all claims arising in connection with the object of purchase, namely claims arising from repairs, deliveries of spare parts, accessories and consumables as well as other services. Upon conclusion of the contract, the contractual partner authorises Hamilton AG to register the retention of title in the official register at the expense of the contract and to comply with all relevant formalities. The contractual partner will maintain the delivered items at his expense during the period of retention of title and insure them against theft, breakage, fire, water and other risks in favour of Hamilton AG. He will also take all measures to ensure that Hamilton AG's claim to ownership is neither affected nor revoked.
17. Complaints of defects
Complaints of defects must be submitted in writing after receipt of the goods and at the latest within 8 days. If no notification of defects is made within this period, the shipments shall be deemed to have been unconditionally approved.
18. Place of performance/choice of law
The place of performance is the legal domicile of Hamilton AG. With regard to the choice of law, the parties expressly agree on Swiss law. In international relations, reference is made to Articles 116 and Article 118 of the IPRG. The choice of law for sales contracts for movable physical property is based on the Hague
Convention of 15 June 1955.
19. Changes and additions
The general terms and conditions of Hamilton AG in the current version shall be deemed to be accepted upon placing of the order, even if the contractual partner refuses to accept other conditions in its own terms and conditions. A non-opposition or incorrect opinion on the terms and conditions of the contractual partner shall in no case be deemed to be recognition or consent. The recognition of one, several or all clauses of the contractual partner's terms and conditions requires a written individual agreement.
The place of jurisdiction for both contractual partners is the legal domicile of Hamilton AG.