General terms and conditions
Scope of application
The contract is concluded upon receipt of the order by EDAPRO GmbH. The General Terms and Conditions (GTC) are binding in all cases. Changes and additional agreements are only effective if they are confirmed in writing by EDAPRO GmbH. By placing an order, the buyer acknowledges the applicable GTC. The buyer has to check the usability of the products purchased via EDAPRO GmbH on his own responsibility and correct application.
Prices/Payment
The prices listed in a brochure, a technical information sheet, on the website, etc. are always in the currency listed there and do not include VAT. VAT and the costs of transport, postage and packaging are listed separately in each case. The payment period is 30 days. If the buyer fails to meet the payment deadline, he shall be in default without reminder and shall owe interest on arrears of 7%. Prices are subject to change and errors excepted. Only the prices as listed in the individual contract (also on the website) are binding. The current prices on all EDAPRO GmbH documents replace all previous editions.
Resale
Resale is only permitted in our original packaging. Resale abroad is prohibited unless we give our express consent.
Mode of dispatch, delivery and partial deliveries
The choice of the appropriate mode of dispatch (lorry delivery or parcel service) is incumbent on EDAPRO GmbH. Delays in delivery which are beyond the control of EDAPRO GmbH do not entitle the buyer to any compensation or to withdraw from the contract. If not all articles are immediately available, it is at the discretion of EDAPRO GmbH to make partial deliveries.
Retention of title
The goods remain the property of EDAPRO GmbH until payment has been made in full.
Postage & packing
A general flat rate (postage and packaging) of CHF 5.50- will be charged for items sent by letter post. The postage and packaging costs for a postal parcel correspond to the prices of the Swiss Post AG and amount to between CHF 7.- and CHF 22.- up to a weight of 30 kg and a dimension of 100x60x60 cm. Parcels are delivered by post within two to three working days after dispatch. Express deliveries are subject to a corresponding surcharge. For truck deliveries, a flat-rate transport charge of CHF 150.- per pallet will be invoiced. For truck deliveries: Deliveries are always made on Euro pallets (EPAL-compliant). Please provide exchange pallets for the truck driver. If the pallets are not exchanged, CHF 18 per pallet will be charged. The costs for a subsequent collection of empty pallets must be borne by the buyer. EDAPRO GmbH will inform the buyer of the respective delivery times for lorry deliveries and these may vary depending on the content of the order.
Transfer of risk, transport damage
The benefits and risks are transferred to the buyer when the goods are dispatched. Please check the goods ordered from EDAPRO GmbH upon delivery. Damage caused by transport or shipment must be reported to the carrier or the post office/courier service immediately upon acceptance. Photographs of the condition of the goods on delivery are very useful for later claims for compensation against the carrier. Transport insurance will be taken out by EDAPRO GmbH on request and at the expense of the buyer. The goods will otherwise travel uninsured even if the costs of shipment are borne by EDAPRO GmbH.
Liability for defects
EDAPRO GmbH guarantees the product quality according to the specifications of EDAPRO GmbH at the time of the transfer of risk. The buyer must inspect the goods immediately after receipt. Complaints must be reported in detail to EDAPRO GmbH within 7 days.
General liability
The information on use in the product catalogues, technical data sheets, website, etc. are general guidelines. The information on the package (label and instructions for use) is authoritative and binding for the application. Various factors such as population density, weather, type of crop, variety, cultivation measures, soil conditions, resistances, application technique and product mixtures can influence the effectiveness of the products. EDAPRO GmbH does not assume the associated risk. For storage and application, the information on the label and in the instructions for use must be observed and complied with. EDAPRO GmbH accepts no liability for insufficient effectiveness or any damage, such as phytotoxicity, which can be attributed to circumstances over which EDAPRO GmbH has no influence.
Force majeure / delays in delivery
Events of force majeure shall release EDAPRO GmbH from the fulfilment of delivery obligations. The seller is not entitled to any claims in this case.
Should a delivery not be available or only available at a later date due to force majeure or lack of own supply, EDAPRO GmbH reserves the right to withdraw from the purchase contract with regard to the affected products or to extend the delivery periods. EDAPRO GmbH will inform the Buyer immediately about the non-availability or the delayed delivery period.
Salvatory clause
Should any provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Place of performance, choice of law, place of jurisdiction
The GTC are based on Swiss law. Conventions on contracts for international purchasing (CISC) are excluded. All obligations arising from the contractual relationship with the buyer are subject to Swiss law. The place of jurisdiction is Zurich.