General Terms and Conditions
The General Terms and Conditions of H.Glass SA in Villaz-St-Pierre, hereinafter referred to as H.Glass are designated for the sale and delivery of products and services.
The following terms and conditions apply to all transactions with H.Glass, unless otherwise agreed. The deliveries, services and offers from H.Glass are exclusively based on these terms and conditions. By placing an order, the buyer acknowledges the following conditions. If the buyer has published purchasing conditions, H.Glass cannot be bound by them. Deviations from these terms and conditions are only effective if H.Glass confirmed them in writing.
Offer and Conclusion of Contract
All offers are non-binding, unless otherwise confirmed. Drawings, illustrations, dimensions, weights and other performance data are only binding if expressly agreed in writing. Orders are only binding if they have been confirmed by H.Glass in writing or when the goods and invoice have been sent to the buyer. Special arrangements or requests, e.g. special packaging or similar, must be explicitly repeated at every order. Orders that were specially produced or stocked for the buyer cannot be exchanged or returned.
Prices & Payment Terms
The prices are non-binding and are to be understood as selling prices in Swiss francs excluding value added tax (VAT), as well as all other fees, charges and taxes. Invoicing is in Swiss Francs at the prices valid on the day of purchase.
Deliveries of products are made from our warehouse in Switzerland packaging included. Transport- and packaging costs for dangerous goods are calculated and confirmed separately. Express deliveries are charged according to expenditure. When special shipping of goods is needed, additional costs are billed, as explicitly specified on the order confirmation. In case of additional purchases, shipping has to be recalculated. Invoices are payable by PayPal or invoice in advance of shipment without any deduction. The payment obligation is only then fulfilled when the invoice amount is credited to H.Glass’ bank account.
Deliveries & Services
The terms of delivery are generally not binding, unless otherwise agreed in writing. Partial deliveries are permitted and may be required upon order placement by the customer. H.Glass always strives to adhere to the delivery time specified on the order confirmation, under the restriction of the timely delivery by their supplier. Due to delay of the deliveries or achievements the customer has no rights or claims for indemnification. Shipping is made from our warehouse Switzerland. The goods travel at the risk of the customer. For delays caused by the buyer the risk is already transferred to the consignee upon notification of dispatch. In the event of damage and loss during transport H.Glass is not liable. The transport risk is also borne by the customer for free deliveries. The mode of transport provided is selected by H.Glass. A transport insurance must be contracted by the customer. Benefit and risk start at departure of the package from H.Glass warehouse to the customer’s address. For delivery and service delays due to force majeure, official measures or other unforeseen circumstances – this also includes subsequent material procurement difficulties, breakdowns, staff shortages, lack of means of transport, etc. – H.Glass is also not responsible for delivery times. For force majeure H.Glass is entitled to postpone shipment for a reasonable time or to withdraw from the contract in whole or in part for the unfulfilled part. Damages claims by the buyer are excluded. Externally visible damage, losses or defects must be checked by the customer before acceptance of the goods and an appropriate note must be made on the delivery papers. In the case of parcel shipment, any damage must be certified in writing by the transport company before acceptance of damaged parcels. For not immediately recognizable damages, which are revealed during the unpacking, the transport carrier or the H.Glass customer service has to be notified immediately and in writing, with photographs if relevant. Packing materials and damaged products should be left in the unaltered state until resolution.
Complaints, Returns, Warranty and Liability
The buyer checks immediately after receipt of the delivery, if quality and quantity correspond to the contractual agreements. Any claim for defects or quantities must be placed within 8 days after delivery date to be valid. If the buyer omits the timely complaint, the delivery is considered approved. Complaints do not release from the obligation to pay. Prior to a possible return of the goods, our written consent must always be obtained. Returns without written approval will not be accepted. Non-stock items or custom made items are excluded from return or exchange. Returns or cancellations of items in unusually large order quantity are subject to the return conditions of the respective manufacturer plus any resulting activities. In case of incorrect orders by the buyer, 20% of the value of the goods will be charged as restocking and handling fees. Credits will not be refunded. The return of goods is only accepted if goods are packed in perfect condition in the original packaging, carriage paid. The calculation of the return is based on the net value of goods. Any lower value of the goods as well as discount will be deducted. Opened packages, non-stock items, custom-made products will not be accepted as returns. Claims for damages of the buyer due to delay or due to defects of the contractual goods or services are, except in the case of intent and gross negligence, excluded. In any case, claims for damages due to delay or defects are in the amount limited to the invoice value of goods that have not been delivered on time or with defects. Technical changes or improvements of the products are expressly reserved. Technical specifications on www.H.Glass, in catalogs or brochures are without any other written agreement not binding. Technical advice is provided to the best of our knowledge within the given possibilities and are not binding. H.Glass recommendations do not release customers from checking the suitability of the products for the intended purpose. In particular, H.Glass rejects in full a liability for the violation of any property rights of third parties.
The duration of warranty of each product is mentioned in the product description or offer. Warranty and guarantee expire prematurely if the customer or third party improperly make changes; if a defect has occurred, does not immediately take all measures to mitigate damage and gives H.Glass the opportunity to remedy the defect. If there are obvious defects in materials, which are reported within the warranty period, materials will be replaced free of charge. The warranty expires if the buyer does not fulfill his contractual obligation. H.Glass is expressly liable only for the careful execution of the services. Further claims as well as causal liability, liability for consequential damages or for any revenue loss are excluded.
By purchasing our products, no license to any of our intellectual property rights is acquired. The export of our goods may be in contradiction with third-party property rights. H.Glass rejects any liability for such cases.
All breaches of contract and their legal consequences as well as all claims by the customer, irrespective of their legal grounds, are regulated by and limited to these conditions. In particular any claims for damages, reduction, cancellation of contract or withdrawal from the contract that are not mentioned herein are excluded. In no case shall there be any claims for damages that did not arise on the delivered item itself, such as namely loss of production, loss of use, loss of orders, lost profit and other direct and indirect damages.
Ineffectiveness of individual provisions
The invalidity of individual provisions shall not affect the validity of the other provisions.
Jurisdiction and choice of law
Place of fulfillment and jurisdiction is the registered office of H.Glass. All contractual relationships are governed exclusively by Swiss law.
Villaz-St-Pierre, June 2019