Kolma GTC

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 shall apply.

1. Offers, orders
   Kolma’s offers are non-binding. The contract between Kolma and the Customer is concluded as soon as Kolma has confirmed the Customer’s written or oral order in writing. The content of the order confirmation is decisive for the services and the scope of the deliveries by Kolma. The Customer acknowledges these insofar as he does not object in writing to their content within three working days of their receipt. The minimum order value is CHF 100.00.
2. Recommended retail prices
   Price recommendations for end customers published by Kolma are for information only and are non-binding.
3. Prices
   The prices are exclusive of VAT and are net ex works. All services that go beyond those described in the order confirmation, as well as additional costs for plates, tools or graphic expenses, shall be at the expense of the customer and will be charged separately. The invoiced amounts for plates and tools are understood as cost components; the plates and tools in question remain the property of Kolma. The packaging will not be charged and will not be credited in the event of any return.
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.
5. Shipping and shipping costs within Switzerland
   For standard products, the Customer will be charged a shipping cost of CHF 12.00 for deliveries below a net value of CHF 300.00. Deliveries from a net value of CHF 300.00 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 a 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 of the goods. If no such notification is made, the goods and the price are deemed to be accepted, and any warranty claims on the part of the Customer are 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, defective construction or defective execution, free of charge, subject to their return within a reasonable period of time. The following tolerances are customary in the industry for 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, 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. Liability
   Kolma is only liable to the Customer for gross negligence and intent.
10. Returns of shipments
    Returns without prior consultation with Kolma will not be accepted.
11. Samples
    Existing samples will generally not be charged to the Customer. The exceptions 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. Their payment 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.
12. 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 the retention of title entered in the appropriate register.
13. Right to reproduction
    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.
14. 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, a default interest of 5% will be charged. Furthermore, Kolma can withdraw from the contract, reclaim the delivered goods and discontinue further deliveries.
15. Privacy Policy
    Our Privacy Policy (data protection guidelines) is published in a separate document: “Privacy Policy”.
16. 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. 
17. Place of jurisdiction
    The exclusive place of jurisdiction for any and all disputes is the registered office of Kolma.