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GTC

Terms and Conditions of Sale and Delivery
These General Terms and Conditions of Business (hereinafter referred to as the “T&Cs”) form an integral part of the contract between Kolma AG (hereinafter referred to as “Kolma”) and the customer. Once the T&Cs have been agreed, they also apply to all further contractual relationships between Kolma and the Customer. The T&Cs are applicable unreservedly and take precedence over any other terms and conditions of business. Amendments or additions to the following agreements require the written consent of Kolma in order to be valid. The version of the T&Cs in force at the time of conclusion of the contract always applies.

1. Conclusion of contract

1.1 General: Kolma’s offers are subject to change and non-binding. A contract comes into being either as a result of our written order confirmation or by the execution of the delivery.

1.2 Standard goods/standard orders: orders for standard goods are processed without a separate order confirmation and are delivered directly. The contract shall be deemed to have been concluded upon acceptance of the order and delivery of the goods.

1.3 Procurement orders, custom-made products and personalised products: the contract between Kolma and the Customer is concluded as soon as Kolma confirms the written or oral order in writing. The order confirmation from Kolma is alone decisive for the scope and content of the delivery. The Customer must check the order confirmation immediately. If no written objection is made within three working days, its contents are deemed to be accepted. Changes or cancellations of such orders are excluded once the order has been confirmed.

2. Recommended retail prices

Price recommendations for end customers published by Kolma are for informational purposes only and are non-binding.

3. Prices

The prices are stated in CHF, exclusive of VAT and net ex works. All services that go beyond those described in the order confirmation, as well as additional costs for stereoplates, tools or graphic expenses, shall be at the expense of the customer and will be charged separately. The invoiced amounts for stereoplates and tools are understood as cost components; the stereoplates and tools in question remain the property of Kolma. The packaging will not be charged for, and will also not be credited in the event of any return.

Kolma is entitled to adjust the prices if the cost factors change significantly after conclusion of the contract, in particular, due to changes in raw material, energy or transport costs. Any price adjustments will be communicated to the Customer in good time and will apply from the communicated date.

4. Delivery times

Kolma will comply with the promised delivery date if the Customer provides Kolma with the necessary documents (image and text templates, material for printing, etc.) at the agreed time. In the event that these materials arrive late, Kolma is no longer bound to the agreed delivery date. Any right of withdrawal or claims for damages on the part the Customer based on non-compliance with a delivery date are waived. If there is no agreement regarding a delivery date, Kolma will make the delivery as soon as the ordered goods are available. As a rule, shipping takes place within 2–3 working days.

5. Shipping and shipping costs within Switzerland

For standard products, the Customer will be charged a portion of the shipping costs amounting to CHF 12.00 for deliveries below a net value of CHF 300.00. Deliveries worth a net value of CHF 300.00 or more will be made free of charge within Switzerland. For direct deliveries (deliveries to consumers on behalf of the Customer), a surcharge of CHF 30.00 will be charged. Parcel shipments will be sent by means of a parcel service provider, i.e., they arrive on the next working day from the day of dispatch. At the request of the Customer, a package can also be sent by express mail. The Customer must bear the resulting additional costs. Kolma determines the type of transport. If the Customer wishes to use transport method that deviates from Kolma’s choice, the resulting additional costs must be borne by the Customer. The Customer’s shipping instructions are only binding for Kolma if Kolma has confirmed them in writing.

6. Transfer of risk and benefit

The benefit and risk shall pass to the Customer upon departure of the deliveries ex works from Kolma.

7. Scope of the deliveries

Kolma is entitled to make partial deliveries. Kolma reserves the right to over- or under-supply quantities by 10 % for special and custom-made products. This tolerance also applies to partial deliveries.

8. Acceptance of the deliveries and warranties

Defects regarding the properties, quantities, price and weight of the goods must be reported in writing to Kolma within 10 days of receipt. If no such notification is made, the goods and the price shall be deemed to be accepted, and any warranty claims on the part of the Customer shall be void. In the event of timely notification in accordance with the above text, Kolma undertakes, at the written request of the Customer, to replace all parts of the delivery that are demonstrably defective or unusable as a result of bad materials, faulty construction or defective execution, free of charge, subject to their return within a reasonable period of time.

The following tolerances that are customary in the industry are due to technical reasons and are not considered to be defects:

  • Dimensional deviations in punching, cutting or welding work, material thicknesses of +/– 10 %
  • Minor deviations in design, material properties and colour

The illustrations in publications, as well as the colours, dimensions, and the like, that are depicted there, are approximate and non-binding. The Customer’s further warranty claims that go beyond the claims listed here, in particular, claims for reduction of the contract price, compensation, recission of the contract or withdrawal from the contract, are excluded. This excludes cases of intent or gross negligence on the part of Kolma. The unauthorised return of delivered goods will not be reimbursed.

9. Acceptance of deliveries and warranties for devices

Kolma guarantees that delivered devices are free from manufacturing defects for 24 months from the date of delivery. If a defect occurs, Kolma will repair or replace the defective goods at its own discretion. The Customer is obliged to check the devices received within 10 days of receipt and to report any defects to Kolma in writing, enclosing a precise description of the fault. Warranty claims shall lapse in the event of modifications or repair attempts by the Customer, as well as in the event of non-compliance with the operating or installation instructions, inadequate maintenance, or improper handling. Warranty services shall be provided in consultation with the manufacturer and, in principle, during normal working hours at the location of Kolma’s registered office. Kolma is in no case liable for damages of any kind or for lost profit.

10. Liability

Kolma is only liable to the Customer for gross negligence and intent.

11. Returns of shipments

Returns without prior consultation with Kolma will not be accepted. The return of the products must be made exclusively in the original packaging. In any case, it must take place no later than 2 weeks after receipt of the goods. Returns are excluded for extra orders (procurement products).

In the case of returns from abroad, the Customer shall bear the costs incurred. In addition to shipping costs, this also includes any customs fees, taxes and handling costs.

12. Samples

Existing samples will generally not be charged to the Customer. An exception to this are samples that are produced for the Customer whose production requires toolmaking, or that are not related to a specific offer. The amounts invoiced for the production of tools are to be understood as cost components. The payment of these does not entitle the Customer to delivery of the tools in question. The tools remain the property of Kolma and, in particular, may not be passed on to third parties.

13. Retention of title

The goods shall remain the property of Kolma until full payment of the purchase price and all ancillary claims. Kolma is entitled to have this retention of title entered in the appropriate register.

14. Reproduction rights

The reproduction and printing of all image and text templates, samples and the like provided by the Customer takes place on the condition and assumption that the Customer has the corresponding reproduction rights.

15. Payment terms

The payment terms listed on the invoice are binding. Payments are to be made to the specified paying agent. The invoice date is decisive for invoices. If the payment period is exceeded, default interest of 5 % will be charged. Furthermore, Kolma may withdraw from the contract, reclaim the delivered goods, and discontinue further deliveries.

16. Privacy Policy

Our Privacy Policy (data protection guidelines) is published in a separate document: “Privacy Policy”.

17. Applicable law

This contract is subject to substantive Swiss law, to the exclusion of international conventions, including the United Nations Convention on Contracts for the International Sale of Goods from 11/04/1980 (CISG), and to the exclusion of conflict of laws rules.

18. Place of jurisdiction

The exclusive place of jurisdiction for any and all disputes is the registered office of Kolma.
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