General Terms and Conditions

Scope of Application:
The below conditions apply for all orders, deliveries and services if not otherwise indicated or agreed upon.

Prices:
The prices indicated on the order confirmation are based on the purchase of all positions if not otherwise indicated and are understood without VAT. The pricing for the individual products may vary depending on the order quantity. Gerber Instruments AG will reject prices which are specified by the customer. Our prices may be adapted to the corresponding market conditions without advance notice.

Conditions of Payment:
Payments within 30 days net without cash discount deduction. For payments within 60 days after the date of invoice Gerber Instruments AG reserves the right to invoice legal costs and interest of default after the expiry date of the invoice.

Orders with staggered payment plan have to be approved by the Accounting and Accounts Payable epartment of 
the company Gerber Instruments AG.

Reservation of Proprietary Rights:
Gerber Instruments AG will retain the right of ownership to the delivered merchandise until the payment price has been paid in full.

Delivery:
All deliveries will be performed according to the current Incoterms. Shipping costs and all additional handling costs will be invoiced to the customer.
A supplement will be charged for the express delivery.
For shipments (also for postage paid deliveries) the risk transfers to the buyer. The buyer has to immediately claim recourse towards the freight carrier for any damages.

Deliveries within Switzerland:
Any order from CHF 300.00 net value of the goods on for parcel shipping, are understood as deliveries to domicile, free of any charges.
For orders with a value of the goods of less than CHF 300.00, the actual freight and packaging costs will be invoiced.
Any deliveries by truck are performed ex works Effretikon, whereas packaging and shipping cost are invoiced independent from the order value.

Delivery Dates:
All indications about delivery times in our quotations are approximate and not binding. The delivery time indicated in our order confirmation will start at the date of the order confirmation, if not otherwise agreed. Force majeure, as well as unindebted inability of our company or of our subcontractors will entitle us to a corresponding prolongation of the delivery time or to withdraw from the purchase contract, without entitling the customer to compensation.

Complaint:
During commercial correspondence, the customer is obliged to immediately inspect the delivered goods upon receipt and to notify us about any visible defects or any other visible complaints due to incomplete or incorrect delivery latest within 8 working days after receipt of the delivery. Any defects or not recognizable complaints have to be notified in writing latest 8 working days after their determination. If the customer does not comply with this obligation, any warranty claims are excluded.

Returns:
A copy of the invoice is required for all returns. Goods, which had been correctly delivered by the company Gerber Instruments, will only be taken back after previous agreement, if in perfect condition and packaged in the original packaging. The items returned ex-stock Effretikon will be inspected by our receiving inspection unit and checked if they are in perfect and saleable condition.. A take back fee of 25 % of the selling price will be invoiced.

Any custom-made products cannot be returned in any case.

Dangerous Goods:
It is forbidden to return any devices or device accessories to the company Gerber Instruments AG which are contaminated with toxic, corrosive, biologically active, explosive radioactive or any other hazardous substance.

Warranty:
Gerber Instruments guarantees that the delivered products are free from any material or production defects. This guarantee only applies under the condition that the product is correctly used, handled and maintained as well as that all guarantee claims are preformed within 12 months after the selling date - if not otherwise communicated. The warranty service exclusively refers to the product replacement, repair or, if it is not otherwise possible, the reimbursement of the selling price. The warranty claim expires if repairs are performed by the customer or third parties.
The product is returned by the customer to the company Gerber Instruments AG carriage forward.

Place of Fulfilment:
Exclusively Swiss law is applicable to the contract relationship of the customer with the company Gerber Instruments AG.
The place of jurisdiction Pfäffikon ZH is responsible for any disputes.

Scope of Application:
Our General Terms and Conditions are binding for the present as well as any future business (including any oral contracts).
Their amendment or withdrawal are reserved.

 

 Effretikon, August 2015