Société Horlogère Reconvilier AG mit Sitz in Zug
Terms and Conditions
1. Scope of these Terms and Conditions
These Terms and Conditions shall apply between Société Horlogère Reconvilier AG situated in Zug (named “Société Horlogère Reconvilier” below) and its customers (named “customers” below).
2. Order and Conclusion of Contract
If the customer orders goods, products or services from Société Horlogère Reconvilier the contractual relationship is established only if Société Horlogère Reconvilier accepts the order. Société Horlogère Reconvilier reserves the right to reject orders. With the order the client accepts the Terms and Conditions of Société Horlogère Reconvilier. Concerning the legal right of withdrawal the legal regulations shall apply.
The prices are quoted in Swiss Francs (CHF) including the Swiss value added tax unless otherwise specified. Société Horlogère Reconvilier reserves the right to pass on to the customer any imposition or rise of taxes and duties completely, also after the conclusion of the contract.
4. Terms of Payment
Société Horlogère Reconvilier delivers goods, products or services only with advanced payment. If an advanced delivery is agreed on, the agreed payment terms are valid. Unless otherwise agreed payments will be due and payable to Société Horlogère Reconvilier within 10 days after invoicing. Should the customer be in delay of payment Société Horlogère Reconvilier will be entitled to claim interest for delay amounting to 1% per month.
5. Prohibition of offsetting
Without the explicit approval of Société Horlogère Reconvilier the customer is not entitled to offset claims against Société Horlogère Reconvilier.
6. Reservation of property right
Société Horlogère Reconvilier retains title of ownership of the delivered goods and products until full payment of the purchase. The customer – knowing the different interests of the parties – authorizes Société Horlogère Reconvilier to register the reservation of property right into the cantonal registry of proprietary rights according to the relevant invoice. Regardless of this authorization the customer is obliged to co-operate at the registration of the property right if Société Horlogère Reconvilier requests it. Any sale, pledge or security transfer of ownership to a third party prior to the full payment is only permitted after the approval by Société Horlogère Reconvilier.
7. Delivery and packaging
The delivery shall take place “ex works” unless otherwise agreed. If the delivery is agreed with the customer the customer is liable for the risk of transport as soon as the good or the product leaves the factory. Cost of packaging and delivery of goods and products are invoiced to the customer. Customs, other duties and insurance premiums will be charged to the customer. Moreover Société Horlogère Reconvilier is entitled to claim the cost for processing custom and insurance formalities and other services from the customer according to the fees of Société Horlogère Reconvilier. Due to insurance reasons return deliveries must be executed as tracked parcel post.
8. Delivery times
Société Horlogère Reconvilier aims to comply the agreed delivery times even if unforeseen difficulties arise. If Société Horlogère Reconvilier is not able to comply the agreed delivery times without own fault it is entitled to enlarge the delivery times appropriately.
9. Warranty and defect right
The warranty of Société Horlogère Reconvilier for the suitability of goods and products for a particular purpose or use is excluded provided that Société Horlogère Reconvilier has not expressively accepted it.
The customer has to check goods and products and report any deficiencies to Société Horlogère Reconvilier within seven days after delivery in writing. If there is no such notification within this period of time the good or product is deemed to be approved.
The customer´s warranty rights are limited to the right of rectification or – if this is not possible – the right of subsequent delivery. Reduction, transformation or rescission of the contract or compensation payment are excluded.
10. Limitation of liability
All liability for non-fulfillment of contractual obligations of Société Horlogère Reconvilier is excluded, except for unlawful intent or gross negligence. Also excluded is the liability of Société Horlogère Reconvilier for auxiliary staff.
11. Applicable law and jurisdiction
All legal relations between the customer and Société Horlogère Reconvilier are subject to Swiss law excluding the UN Sales Convention. Exclusive jurisdiction is Zug. Société Horlogère Reconvilier also has the right to take legal action against the customer at the relevant court of his/her/its place of residence or any other competent court.
12. Change of Terms and Conditions
Société Horlogère Reconvilier reserves the right to change the Terms and Conditions. The changes will be notified in writing to the customer or by other appropriate means and shall be regarded as having been accepted if no objections are received within the period of one month.