General Terms of Sale and Delivery

Stamping technology
Effective as of 1st January 2014

General Provisions
These General Terms of Sale and Delivery govern the relationship between the Buyer and STS Systemtechnik Schänis GmbH (hereinafter STS) in relation to the delivery of STS punching technology products.

Delivery / Shipping
At the buyer's risk and expense. Any damage or loss that occurs during shipping must therefore immediately be claimed by the Buyer against the respective carrier.

STS reserves the right to determine the shipping method depending on product group. Packaging and bags are billed at cost and will not be taken back. The packaging will be charged at cost. Boxes, pallets, covers and frames must be returned to Schänis immediately upon receipt of the goods. Otherwise they will be billed.

Order Quantities
Because every order constitutes a custom-made production, we reserve the right to manufacture with a quantity tolerance of max. +/- 10 %. We aspire to achieve the positive tolerance value. 

Warranty / Liability
All our products are checked before they leave our premises. Defective material must be made available to us in full in order to allow us to evaluate the warranty claim.

Defective items will be replaced free of charge, but we reserve the right to repair the items at our plant. We shall not be liable for any direct damage, unless it can be shown that it was caused by material, design or manufacturing defects or defective execution or if same was carried out by us or on our instruction. To the extent permitted under applicable law, we shall have no further liability.

Returns
Goods, which were correctly delivered by us, cannot be returned and will not be credited by us.

Tools and Equipment
Tools and equipment remain - even if the costs are borne by the Buyer - the property of STS and will be stored by us for the purpose of repeat orders free of charge for a period not exceeding 5 years. If there is no order within a period of 5 years, the Customer shall pay compensation to the amount of 5% of the cost of the tools, but no less than 500.00 CHF per year or the Customer stores them at his premises or instructs STS to destroy them. 

Transfer of title to the customer: Only as agreed in writing in each individual case and only after full payment has been made.

Framework Orders
In case of framework contracts, the overall amount must be defined, which will be delivered to the Customer during the term of the framework contract, unless agreed otherwise within one year. We reserve the right, if the quantities defined in the framework contract are not ordered within the agreed term, to deliver for payment the products that were already manufactured or the materials, which were procured for the manufacturing of the respective products, to the Customer.

Delivery Times/Delivery Periods
The delivery times stated in offers and orders are not binding. They depend on the status of raw material procurement and delivery times of suppliers as well as our production capacity at the time of offer or order confirmation. Non-compliance with our delivery times and dates does not give rise to claims for damages or the rejection of a delivery. Force majeure (such as military mobilization, strikes, boycotts of our own premises or of the premises of our suppliers) shall release us from all obligations to deliver.

Rights in Documents
The documents provided by STS are protected by intellectual property rights and by laws governing unfair competition. The use of text, measurements and photos is only permitted for the purpose of reselling our products.

Where we are to deliver items, which are manufactured on basis of drawings, a model or sample, provided by the Buyer, the Buyer warrants that no third party rights are breached by doing so. The Buyer indemnifies STS against all harm that might be suffered as a result of such a breach of third party rights.

Payment Terms
30 days net. No deductions may be made. The Buyer is to bear all expenses caused by late payment.

Consignment goods remain our property until fully paid.

Jurisdiction and Applicable Law
Place of performance and exclusive jurisdiction for all disputes arising under this contract is the place, where STS (Schänis) has its registered offices. Only Swiss law shall apply (Vienna Convention excluded).

Download GTC (PDF)