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General Delivery Terms and Conditions GOP
Disclaimer
We have compiled the content of this website with the utmost care. Nevertheless, it cannot be ruled out that certain information may change over time, no longer be correct, or be incomplete. GRIBI Hydraulics AG does not guarantee that the information published on this website is up to date, correct, or complete, and shall in no case be liable for damages arising from the use of the information published on this website.
Liability for Links
Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot assume any liability for this external content. The respective provider or operator of the linked pages is always responsible for the content of those pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was identifiable at the time of linking.
However, permanent monitoring of the content of linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately.
Copyright Infringement
The copyright and all other rights to content, images, photos, or other files on this website belong exclusively to the operator of this website or to the specifically named rights holders. Prior written consent of the copyright holders must be obtained for the reproduction of any elements.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and, where applicable, damages.
Scope of Application
The GOP General Delivery Terms and Conditions (abbreviated ALB) are deemed an integral part of the contract. For inclusion as a contractual component, it is sufficient to refer to these ALB in quotations, order confirmations, etc., for the respective contract and all subsequent contracts between the same contracting parties.
To the extent that the contract (including these ALB) does not contain any provisions, Swiss law shall apply, excluding the so-called "Vienna Sales Convention" (United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).
Written Form
All amendments and additions to the contract (including these ALB), as well as all declarations by a contracting party such as notices of defects, warnings, etc., must be made in writing to be valid.
The order confirmation shall be decisive for the scope of delivery. Services not listed in the order confirmation (e.g. transport, engineering, assembly, commissioning, maintenance, etc.) may be invoiced additionally by the supplier. The supplier's time-and-material rates valid at the time of contract performance shall apply.
Transfer of Benefit and Risk
Benefit and risk pass to the buyer upon dispatch of the goods (handover to the first carrier such as freight forwarder, rail, postal service, etc.).
Prices
Prices are strictly net, excluding statutory sales taxes (WUST or VAT), ex warehouse or supplier's plant, uninsured, without packaging and without assembly, but including loading or handover to the first carrier (freight forwarder, rail, postal service, etc.). Postage, freight, and packaging are additionally invoiced to the buyer at cost. Packaging material will not be taken back. However, in the case of import into Switzerland, transport costs up to the Swiss border shall be borne by the buyer.
If no prices are agreed, the prices according to the brochures and catalogs used by the supplier at the time of dispatch of the goods shall apply.
Price Clause and Contract Validity
The price becomes legally binding only upon dispatch of the final quotation by us. The prices stated in the online shop are merely guide prices. Binding prices are communicated to the customer after completion of the purchase process in a separate email. Until that time, the purchase contract is not yet legally valid and is only concluded upon transmission of the final quotation.
Terms of Payment
The supplier's invoices are payable net without discount at the supplier's place of business. Any transfer and collection fees (e.g. for payment by postal or bank transfer or by check) shall be borne by the buyer.
a) Invoices up to CHF 30,000 are due for payment within 30 days from the invoice date.
b) Invoices above CHF 30,000 are due as follows:
- one third within 30 days after dispatch of the supplier's order confirmation;
- one third within 30 days after dispatch of the supplier's notice of readiness for shipment;
- one third within 30 days from the date of the final invoice.
If shipment of goods ready for dispatch is delayed without fault of the supplier, the invoice or partial invoices shall nevertheless become due.
After expiry of the respective 30-day payment period, the buyer is in default even without reminder and owes default interest from that time onward. The applicable rate is the customary interest rate at the place of payment (supplier's place of business), plus the usual bank commissions for commercial current-account credits to entrepreneurs, but at least 5%.
If call-off delivery has been agreed, the buyer must call off the goods no later than three months after the agreed readiness date or, in the absence of such agreement, no later than three months after dispatch of the supplier's order confirmation. Upon expiry of this period, the unpaid price becomes due. From this point onward, the buyer must pay default interest in accordance with the preceding paragraph and reimburse the supplier for costs of further storage, maintenance, any remedy of standstill damage, etc.
In addition, the buyer must compensate the supplier for any inflation as follows: if, between contract confirmation and dispatch of the goods, the supplier's costs increase (e.g. labor and material costs, transport costs, customs duties, statutory sales taxes, currency fluctuations, etc.), the agreed prices shall increase proportionally.
Liability for Defects
Defects are deviations from the contract, i.e. where, at the time of dispatch of the goods, properties are missing that were individually warranted by the supplier or result from the technical documents used by the supplier at the time of contract conclusion, or that may normally be assumed for ordinary fitness for use. The buyer must observe the installation, operating, and maintenance instructions supplied by the supplier. If such instructions are missing, they must be requested in writing from the supplier before installation or commissioning.
The statutory provisions apply to inspection and notification periods (in particular Art. 201 CO and Art. 367 CO). In any case, the buyer is obliged
after installation of the goods in machines, systems, etc., to perform the required test runs, pressure tests, or other inspections necessary to detect any hidden defects.
Notices of defects must be in writing to be valid. The buyer bears the cost consequences of unjustified notices of defects.
Any defect-related rights of the buyer become time-barred twelve months after commissioning or installation; in multi-shift operation, six months after commissioning or installation; however, at the latest eighteen months from the dispatch date of the goods, and in multi-shift operation at the latest twelve months from the dispatch date of the goods.
For each defect, the buyer initially has only the right to demand rectification or replacement with defect-free goods by the supplier, whereby the choice between rectification and replacement is at the supplier's discretion. Any ancillary costs of rectification or replacement (such as transport costs, travel and accommodation costs, costs of disassembly, assembly, and restoration of defect-free parts, etc.) shall be borne by the supplier, provided the work can be carried out in Switzerland. If goods must be rectified or replaced abroad, the buyer bears the corresponding additional costs.
If the supplier does not remedy the defect, or does not do so successfully, within a reasonable period, the buyer is entitled to insist on rectification or to reduce the price. However, the buyer may insist on rectification only if, in relation to their interest in elimination of the defect, rectification does not cause disproportionate costs.
Excluded are the buyer's right to rescind the contract (avoidance) and compensation for any direct or indirect consequential damage caused by defects (e.g. consequences of business interruptions). Any rights under the Product Liability Act of June 18, 1993 (PrHG) remain reserved.
Intellectual Property
All technical documents such as calculations, plans, quotations, etc., and all other information of the supplier remain the supplier's intellectual property. The buyer is obliged neither to evaluate technical documents and information entrusted to them without authorization nor to make them accessible to third parties, and must keep the supplier's manufacturing and business secrets strictly confidential (in accordance with Art. 5 and Art. 6 UWG = Federal Act against Unfair Competition of December 19, 1986).
Jurisdiction Clause
The state courts having jurisdiction at the supplier's place of business are responsible for the judicial assessment of any disputes. However, the supplier is also entitled to sue the buyer at the buyer's place of business.
GOP Gesellschaft für Fluidtechnik
P.O. Box 1507
8027 Zurich
Tel. +41 (0)43 305 09 82