LoccoZ Group – herinafter called LoccoZ - provides, except as otherwise expressly agreed, on the basis of these terms and conditions of sale and delivery. Any deviations from this shall require the express written confirmation of the supplier before the delivery. By ordering or accepting an order, the customer and LoccoZ undertake to comply fully with the following terms and conditions.
Unless otherwise agreed, all prices are net, ex works, excl. VAT, excluding packaging, postage, shipping and insurance costs are listed in the respective currency. Not included are any small quantity surcharges, express and express freight charges. Price changes reamin reserved. All utilities costs such as freight, insurance, export, transit, import and other permits, as well as official costs shall be borne by the customer. Likewise, the customer is responsible for all types of taxes, duties, fees, duties and the like.
If the price of the material increases after the submission of the offer by the LoccoZ Group due to a change in the calculation basis, this will be subject to the corresponding.
A reasonable price increase also takes place, in particular if:
- the nature and extent of the agreed delivery or service du to the customer have experienced a change.
- the material or the design changes because the documents supplied by the customer did not correspond to the actual circumstances or were incomplete.
- additional costs of assembly work, storage and material management costs in case of unforeseen interruptions due to on-site delays.
- overtime chargs and surcharges for night, holidays and sunday work requested by the customer.
- Proven more deliveries of work and materials which are not listed in the offer or order confirmation.
Terms of payment
Payments of services and products are due upon receipt of the invoice before delivery of the goods. A deviating payment agreement can only be made between the parties in writing. In all cases, the LoccoZ Group is entitled to make the dispatch or delivery of unpaid services and goods dependent on the provision of a security such as the delivery of an irrevocable and confirmed letter of credit or the handing over of a bank guarantee by an internationally recognized bank.
There is no obligation to hand over the service or goods to the customer before receiving the required securities.
Payments for service are due upon receipt of the invoice after the completion of the contracted works.
If services are provided abroad, the LoccoZ Group may, at its discretion, either demand the advance payment of the expected service fee or a bank guarantee in the same amount.
Unless otherwise stated in the order confirmation, prices quoted are subject to our location in Gisikon, Switzerland.
Services are provided at the agreed, current daily rate will be charged. In addition, travel expenses as incurred expendses will be charged.
The client is obliged to pay the additional costs of accommodation on site, for continental meals and for on-site transportation, as well as any additional costs incurred on site or on arrival or departure.
Offsetting by the customer is only possible if his counterclaims are legally established, undisputed or recognized by the LoccoZ Group.
Offer and order
All offers are non-binding. Catalog information and illustrations, weight and dimensions are not binding. The LoccoZ expressly reserves the right to make design changes. Verbal and telephone agreements are only binding until confirmed by us on writing. The offers are valid for a maximum of three months. The confirmed order is irrevocable.
Our products are carefully packaged according to industry custom. The recipient is responsible for the transport. Any risk is transferred to the customer when the goods leave LoccoZ's warehouse or are made available to the customer in LoccoZ's warehouse. The transport costs are not included in our prices.
The agreed delivery deadlines are as far as possible, but they are only approximate time. On the other hand, proven mishaps in manufacturing and cases of force majeure or strikes absolve us of all responsibility. Any resulting delay in the delivery does not entitle to claims for damages and cancellation of the order. The agreed delivery times apply from the conclusion of the contract, but at the earliest after receipt of all information required by the customer.
Warranty and liability
We guarantee the perfect functioning of our products, provided that the installation has been carried out professionally and in accordance with the purpose of the product. The shapes and dimensions given in our catalogs and brochures are illustrative and can be modified at any time.
In case of proven materials and workmanship we provide full material replacement. We will not be responsible for any further damage resulting from improper handling, excessive use or natural wear and tear. This applies in particular for surface damage caused by incorrectly useed, with abrasive or aggressive cleaning agents, used for care. For the materials not produced by us we guarantee and are liable under the conditions of our subcontractors.
Complaints and warranty claims do not exempt the customer from the obligation to pay on time.
In any case, the claims against LoccoZ barred with the expiration of two years from the date oft he invoice.
In case of production according to the customer information, the customer is fully responsible for ensuring that no intellectual property rights or other rights of third parties are infringed.
LoccoZ does not assume any claims with regard to product liability towards the customer beyond those described in the above-mentioned warranty. The customer is against his purchaser arising from product liability and other contractual and non-contractual claims within the scope of the legal possibilities and with validity also for LoccoZ. The customer must immediately notify LoccoZ of all claims that a final customer may make with the product liability or which could be justified by it. The customer is prohibited from accepting any liability for product liability without prior agreement with LoccoZ.
Complaints about weight, quantity or quality of the delivered goods must be made within 8 days after receipt of the shipment. Any defects occurring later, but still before the expiry of the period of limitation, in the quality of the delivered goods must be affixed immediately, but at the latest within 8 days of the discovery of the claim. In both cases the complaint must be made by registered letter. Notifications of defects do not entitle to withhold or reduce invoice amounts.
Exchange and return of goods are only possible in agreement with the LoccoZ. Excluded are custom-made products.
Returns that are not due to incorrect delivery on our part require prior notification with us. For activities we have to charge the buyer with at least 30% of the invoice amount. Goods returned without our consent will be returned to the sender and deemed not accepted.
Reservation of ownership
The delivered goods remain the property of LoccoZ until full payment is received. The customer may resell the goods in the course of proper business operations. He hereby assigns his claims from the resale of the reserved goods to the LoccoZ.
In the legal reasoning oft he title or for the transfer of claims more maintainance (such as register entry or written individual assignments) are required for the legal justification of the reservation of title or for the assignment of the claims, the Customer undertakes to comply with the LoccoZ's requirements on first request from the LoccoZ. The customer hereby gives his permission to register and register for a possible register entry. Samples and drawings remain the property of LoccoZ, even if the customer bears the costs in whole or in part.
The LoccoZ Group reserves the right of ownership and copyright to plans, illustrations, drawings, know-how and other intellectual property rights.
Place of Performance, Jurisdiction and Applicable Law
The place of performance for all obligations resulting form the contract is CH-6038 Gisikon. The sole place of jurisdiction for all legal disputes arising between the contracting parties is at the seat of the company. The contractual relationship shall be governed by Swiss law. These general conditions of sale and delivery can be modified at any time unilaterally and without consultation with the customer by LoccoZ.
Gisikon, February 2019