1. General information
These general terms and conditions are binding. The general terms and conditions of the purchaser are only valid if they have been expressly accepted by Traitements Thermiques SA ("TTM") in writing. Our General Terms and Conditions of Business shall also apply even if we carry out the deliveries to the customer without reservation in the knowledge of deviating terms and conditions of the customer. Oral agreements and arrangements of all kinds require written confirmation by TTM to be legally effective.
2. Description of the service
TTM carries out coatings in accordance with the specifications provided by the customer. TTM can advise the customers. The advice is given without liability. Our information about the properties of the coatings to be achieved are standard values from which no claims can be derived. The basis of our offer and service is, among other things, the information provided by the customer regarding the desired properties of the coating, the conditions of use, the knowledge gained from practical tests carried out beforehand and other information provided by the customer.
3. Guarantee and liability
We guarantee a proper execution of the customer order. In case of faulty execution we provide warranty in the form of free renewal of the coating. Further claims are excluded. The guarantee does not apply to damages caused by normal wear and tear, improper use, careless handling of the coated parts or changed conditions of use. Furthermore, TTM does not assume any guarantee regarding the quality, composition, usability or other properties of the coating material used by suppliers. TTM cannot be held liable for consequential damages and claims of third parties.
The prices offered remain valid until the date indicated. If no deadline is set and if there are no changes in costs (material, energy, wages), the prices are valid until the end of the current year. The prices are "ex works" and do not include the statutory value added tax.
5. Delivery dates
The delivery times are to be considered as guidelines, which will be adhered to by TTM as far as possible. They remain non-binding. In case of late delivery, there is no right to cancel the order or to claim damages. Express deliveries, which are expressly requested by the client, are carried out with invoicing of the additional costs.
6. Acceptance of the delivery
The purchaser must inspect the delivery within 10 days of receipt and inform TTM immediately in writing of any defects. If he fails to do so, the delivery is considered approved.
7. Transport damages
The goods travel at the risk of the customer. The recipient of the goods must immediately notify the carrier of any transport damage. TTM explicitly excludes any liability for transport damages.
8. Terms of payment
Payment shall be made net within 30 days of the invoice date. Deviations from this require a written agreement. In case of delayed payment TTM can charge a default interest of 8% p.a. In case of foreign deliveries TTM can demand an advance payment.
9. Reservation of proprietary rights
Until the complete payment of our claims from current or previous services, TTM is entitled to secure these claims by withholding items given to us for processing. This security ownership continues until all our claims have been settled.
10. Applicable law
Swiss law applies. Place of jurisdiction is 3960 SIERRE, Switzerland. The General Terms and Conditions are written in German, French and English. The German language version is the binding text.