General Purchasing Conditions

​

1. General

These General Terms and Conditions of Sale and Delivery, depicted on the Ironrec GmbH website and shown on the delivery note or on the invoice in the case of an oral order confirmation, are binding if declared applicable in the quotation or order confirmation. Contrary conditions of the purchaser are only valid if expressly and in writing accepted by Ironrec GmbH.

​

   2. Quotations and Conclusion of Contract

Quotations without an acceptance period are non-binding.

Deviation from the quoted dimensions, weights, and material quality entitle Ironrec GmbH to adjust prices. Price changes in raw material purchases remain reserved until delivery of the ordered goods.

The contract is considered concluded when Ironrec GmbH has confirmed acceptance upon receipt of an order.

 

   3. Prices

All prices are inclusive of transport, exclusive of VAT.

Price changes are expressly reserved.

   

   4. Regulations in the Destination Country

The purchaser must inform Ironrec GmbH no later than when placing the order of the legal, regulatory, and other provisions and standards relating to the execution of deliveries and services, operation, as well as disease and accident prevention.

   

   5. Terms of Payment

The payment deadline for the buyer in Switzerland is 30 days net from the invoice date unless other agreements are made in writing.

For deliveries to other countries, payment, unless other agreements are made in writing, is made through an irrevocable letter of credit confirmed by a reputable Swiss bank.

Payments are to be made by the purchaser at the domicile of Ironrec GmbH without deduction of discounts, expenses, taxes, and fees of any kind. Contrary payment terms are specially agreed upon.

In case of default of payment, Ironrec GmbH reserves the right to immediately suspend planned deliveries and is entitled to charge default interest of 6% per annum.

   

   6. Retention of Title

Ironrec GmbH retains ownership of the delivery until all payments have been received from the buyer. Ironrec GmbH is entitled, with the cooperation of the buyer, to have the retention of title entered in the appropriate register.

The retention of title for buyers domiciled abroad is governed by the relevant regulations at the buyer's domicile and the regulations in the destination country. The retention of title is separately agreed with the buyer before the order confirmation in accordance with Article 4 of the General Terms and Conditions.

   

   7. Delivery Time

Stated delivery dates are only indicative and as such not binding. The delivery period is reasonably extended:

If the information required for the execution of the order does not reach Ironrec GmbH in time or if it is subsequently changed by the purchaser;

If payment deadlines are not met, letters of credit are opened late, or required import licenses do not reach Ironrec GmbH in time;

If obstacles occur that Ironrec GmbH cannot prevent despite exercising due care, regardless of whether these arise at Ironrec GmbH, the purchaser, or a third party. Such obstacles are force majeure events, such as epidemics, mobilization, war, riot, significant operational disruptions, accidents, labor disputes, late or defective delivery of required raw materials, semi-finished or finished products, rejection of important workpieces, official measures or omissions, natural events.

   

   8. Delivery, Transport, and Insurance

The products are carefully packed by the supplier. The packaging is invoiced to the buyer at cost price.

Special requests regarding shipping and insurance must be communicated to the supplier in a timely manner. Transport is at the expense and risk of the buyer. Complaints related to transport must be addressed by the buyer to the last carrier upon receipt of the delivery or the freight documents.

Insurance against damages of any kind is the responsibility of the buyer. Even if it is to be arranged by the supplier, it is at the expense of the buyer.

 

   9. Inspection and Acceptance of Delivery

The buyer must inspect the delivery within 10 days of receipt and notify Ironrec GmbH immediately in writing of any defects. Failure to do so will constitute acceptance of the deliveries and services.

​

   10. Warranty and Liability

The supplier warrants that the products delivered by it are free from manufacturing and material defects.

Only those properties expressly designated as such in the order confirmation or operating instructions are assured properties. The assurance applies until the end of the warranty period.

If the products are defective, the buyer may demand replacement delivery during the warranty period of five years from delivery or notification of readiness for dispatch, or repair of the defect by the supplier. For products not manufactured by the supplier but purchased from foreign manufacturers, the corresponding warranty period of the foreign manufacturer applies.

If a defect within the meaning of the above point is not remedied within a reasonable period by replacement delivery or elimination of the defect by the supplier, the buyer may demand a reduction of the purchase price or rescission of the contract.

The warranty expires prematurely if the buyer or third parties make improper changes or repairs or if the buyer, in the event of a defect, does not take all appropriate measures to mitigate the damage immediately and gives the supplier the opportunity to remedy the defect.

Excluded from the supplier's warranty and liability are damages that are not demonstrably due to poor material, faulty design, defective execution, or other reasons that the supplier is not responsible for.

The buyer has no rights and claims other than those expressly mentioned in this article regarding defects in material, design, or execution, as well as the absence of assured properties.

All cases of breach of contract and their legal consequences as well as all claims of the buyer, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. In particular, all claims not expressly mentioned, such as claims for damages, reduction, termination of the contract, or withdrawal from the contract, are excluded. Liability for consequential damages is excluded, provided that mandatory product liability regulations do not oppose this.

 

   11. Applicable Law

This contract is governed by Swiss law.

​

   12. Jurisdiction

The place of jurisdiction is the registered office of Ironrec GmbH.