General Terms and Conditions of resQshock GmbH, hereinafter referred to as resQshock (as of 01.01.2014)
The following terms and conditions of sale and delivery apply to all transactions of resQshock unless otherwise agreed in writing. By placing an order, the buyer acknowledges the following terms and conditions; deviating terms and conditions of purchase of the buyer shall only apply if they have been expressly accepted by resQshock in writing.
Price, range and model changes as well as prior sale remain reserved. Cancellation of firm orders by the buyer requires the written consent of resQshock. In the case of returns of firmly ordered goods, we reserve the right to charge an expense fee of 30% of the value of the goods.
The sales prices are in Swiss francs ex resQshock, without packaging, excluding VAT. Discounts as well as shipping and packaging costs are based on the principles set out in the price lists or on the invoices.
The type of shipping is at the discretion of resQshock. The costs for processing and shipping may vary according to size, weight and effort (minimum CHF 18). Prices are subject to change without notice.
Bulky goods transports or additional services requested by the customer such as express shipments, transport insurance, etc. will be charged separately.
Unless otherwise agreed, the invoice is to be paid within 10 days of the invoice date, strictly net, without any deductions. If the buyer does not meet the payment deadline, he falls into arrears without additional reminder and resQshock is entitled to charge interest on arrears in the amount of 10%. Payment by offsetting is excluded. resQshock reserves the right to assign claims to third parties.
6. retention of title
The delivered goods remain the property of resQshock until full payment has been made. The buyer authorises resQshock to enter the retention of title in the official register at the buyer's expense and undertakes to comply with all formalities in this respect.
7 Delivery, transfer of risk
The delivery times stated by resQshock are non-binding unless expressly agreed otherwise in writing.
Partial deliveries are permissible. In this case, the processing, packaging and transport surcharge shall only be charged once. This does not apply to call-off orders, in which case each partial delivery will be charged separately.
Benefit and risk (loss and damage) are transferred to the buyer when the goods leave resQshock or the respective supplier (=FCA, free carrier, according to ICC Incoterms 2010). Any insurance policies are the responsibility of the buyer and will only be taken out by resQshock upon special request and at the expense of the buyer.
8. inspection and acceptance of the goods
The buyer has to check immediately after receipt of the goods whether the quality and quantity correspond to the contractual agreements. Any defects or incorrect deliveries must be reported to resQshock in writing immediately, but no later than 5 days after receipt of the goods (or since knowledge of hidden defects).
In the event of late notification, the deliveries shall be deemed to have been approved and any warranty shall lapse.
9. goods with expiry dates
Various medical products in the resQshock range have an expiry date (especially sterile-packed goods). resQshock endeavours to send the customer goods with the longest possible shelf life. Also in the interest of the customer (shorter delivery times, possibilities to purchase small quantities etc.) resQshock keeps an adapted stock of these products. It is therefore possible that goods up to 20% of the stated shelf life will have expired by the time of dispatch. If this value is exceeded, resQshock can ship the goods with a corresponding discount.
10 Warranty, liability for defects
resQshock is liable to the buyer according to the law of warranty. Product liability claims are to be asserted against the manufacturer according to the product liability law. Therefore, resQshock does not assume any warranty or liability with regard to the products of the respective manufacturers and assigns all claims against the manufacturer to the customer in its place. All claims in this regard must be asserted directly against the manufacturer.
The warranty period is 12 months unless otherwise agreed in writing. It begins with the dispatch of the deliveries from resQshock. The warranty expires prematurely if the goods are improperly handled or damaged by the buyer or by third parties. In the case of clear product defects which have been reported in accordance with clause 8, the buyer will receive identical, defect-free goods in return for the return of the defective goods or - in the case of appliances - is entitled to free repair or replacement of the defective part.
In the case of delivery of devices with a guarantee certificate, the special provisions of the guarantee certificate apply.
Any further warranty and liability of resQshock, regardless of the legal basis, is excluded. In particular, there are no claims by the buyer for compensation for damage that has not occurred to the delivery item itself and/or that exceeds the value of the goods complained about.
11. return/exchange of goods
The return of defective or incorrectly delivered goods requires, in addition to a notification in accordance with section 8, that the goods are complete and are returned in the original packaging. The delivery note and a copy of the invoice must be enclosed.
No goods will be taken back in the case of damaged goods or packaging or in the case of used, soiled and/or contaminated goods.
Otherwise, the return of defect-free goods is only possible in exceptional cases and on the basis of an individual agreement.
12 Applicable law, place of jurisdiction
This legal relationship is subject to Swiss substantive law. The place of performance and jurisdiction is Schwyz.