Unless otherwise expressly agreed in writing, the following General Terms of Business (GTB) apply to all sales, deliveries and offers of Delipet AG. By placing an order, the buyer acknowledges the conditions listed here. We will not accept any of the buyer’s other conditions.
2. Entering a contract
As soon as Delipet AG accepts or confirms the buyer’s oral, written, or digitally transmitted order without reservations, the buyer enters a contract with Delipet AG. Delipet AG shall confirm orders only on request.
The prices are net prices in CHF or EUR and do not include VAT. Delipet AG may change the prices at any time. Unless otherwise especially agreed, the prices are FCA.
4. Payment conditions
The payment period is 14 days strictly net, beginning with the invoice date. Unauthorised deductions will be recharged. Delipet AG charges 8% default interest beginning with the due date. In this case, the consequences for default are based on Art. 102 ff of the Swiss Code of Obligations (“OR”). Starting with the third written warning, Delipet AG will charge a dunning fee amounting to CHF 20. Delipet AG may cancel additional deliveries, or orders that have already been confirmed, if the customer has unpaid bills.
New customers must pay for their first deliveries in advance. Delipet AG may also demand advance payment from any specified existing client(s).
5. Binding force
Delipet AG’s offer is nonbinding. The right to prior sale remains reserved.
Delipet AG may change the product range (except customer-specific formulas) at any time without prior notice.
The minimum order value amounts to 200 CHF or EUR. This is counted separately for standard and frozen products. For logistics reasons, frozen products can be delivered only within Switzerland.
On delivery, the use and risk of the products to be delivered are transferred to the customer. The customer will be charged for second deliveries (e.g., if the purchaser is absent).
At least 300 CHF or EUR: Invoiced amount is paid by the recipient
Under 300.00 CHF or EUR: at cost
Delivery period as agreed. Normally within five business days.
The buyer shall bear the customs fees.
Delipet AG does business according to Incoterms® 2010. The shipping regulation is a component of the offer. Unless otherwise specified, FCA will apply.
9. Returns; Return shipping
Returns must be arranged with Delipet AG in advance or they will be rejected. Goods whose expiration date has expired will not be taken back.
Goods may be returned only in consultation with Delipet AG and with their consent. To that end, only entire packaging units that have not been opened or soiled and whose seal has not been broken will be taken back. The customer shall bear the costs for the return transport. The frozen products cannot be returned. If the return is based on an error committed by Delipet AG which that party concedes in writing, Delipet AG shall bear the costs. Articles that the customer has packaged themselves will not be taken back. EUR-pallets must be exchanged one-for-one during delivery. A charge will be made for the pallets if none are returned at the time of delivery.
10. Notice of defects
If the goods prove not to conform to the contract, the customer shall inform Delipet AG thereof within one business day after receiving them. Notices of defects must include the item about which the complaint is made, the production code, and photos that verify the claim. Delipet AG may grant a discount instead of curing the defect or making a replacement delivery.
No warranty is made for unpacked goods with no airtight seal that are infested with pests 24 hours or later after those goods are received.
11. Data privacy
Delipet AG may process and store all relevant data about customers for its own purposes. In doing so, they will comply with all applicable data protection regulations. Delipet AG does not pass personal customer data on to third parties. This does not apply to data that are necessary to execute orders (such as delivery information for the post).
12. Force Majeure
In case Delipet AG is prevented from fulfilling its obligations by force majeure, such as war, civil unrest, forces of nature, accidents, industrial disputes, official or political arbitrary acts as well as other operational disturbances and delays in the delivery of essential raw materials, ingredients or preliminary products of not only short-term duration in each case, the delivery dates shall be postponed by the duration of the hindrance and an appropriate start-up period. If the fulfilment of the obligations becomes impossible or unreasonable for Delipet AG due to such a hindrance, Delipet AG can revoke the contract; the customer has the same right if the acceptance is not reasonable due to the delay.
13. Applicable law
This contract is governed exclusively by Swiss law.
14. Retention of title; Forum
The delivered goods will remain the property of Delipet AG until they have been completely paid for. The forum, and the place of fulfilment for all performances arising from contracts entered with us, is: The competent county court for Sissach, canton of Basel-Country.
The general terms and conditions (GTC) are binding for both parties. The German version is the relevant version.
www.delipet.com / Hölstein, March 2020 DELIPET AG