1. general information
All offers made by Morath Solutions AG are non-binding. All declarations and agreements between the contracting parties that deviate from these General Terms and Conditions require the legally valid written confirmation of Morath Solutions AG in order to be effective.
2. scope and object of the service
The written order confirmation from Morath Solutions AG is primarily authoritative for the scope and subject matter of the service owed by Morath Solutions AG („subject matter of the contract“). If there is no written order confirmation from Morath Solutions AG, the scope and subject matter of the service is determined by the written offer from Morath Solutions AG. If there is no written quotation from Morath Solutions AG, the scope and subject matter of the service will be determined on the basis of any written order placed by the customer.
3. prices
Unless otherwise agreed, the agreed prices are exclusive of statutory VAT. Transport and packaging shall be invoiced on an order-related basis. Other costs, such as the costs for insurance, export, transit, import and other authorisations and certifications (e.g. certificates for raw materials, test certificates, etc.) as well as storage at the request or requirement of the customer, shall be borne by the customer and shall be invoiced to the customer additionally if necessary. The customer must also bear all types of taxes, levies, fees and customs duties. In addition, Morath Solutions AG is entitled to charge the customer for these higher costs if the material and manufacturing costs have increased significantly between the time of conclusion of the contract and the time of handover. An increase of at least 10% is deemed to be a significant increase. The minimum amount per order is CHF 150.00 excluding VAT. The price is due for payment within 30 days of the invoice date (as the due date). Deductions for early payment are not permitted. Morath Solutions AG is authorised to issue partial invoices (on account) in proportion to the order value paid. Even in the event of complaints, the customer is not authorised to withhold payments or to offset them against counterclaims. If payment is not made on time, the customer shall pay default interest of 5% p.a. upon expiry of the payment period.
4. handover dates and location
The agreed handover date will be adhered to by Morath Solutions AG as far as possible, but is non-binding. In particular, the customer may neither claim damages nor withdraw from the contract due to non-compliance with the handover date. The handover takes place at the agreed handover location. The risk shall pass to the customer upon handover.
5. warranty
The customer must inspect the subject matter of the contract for completeness and quality immediately upon receipt and notify Morath Solutions AG of any defects in writing without delay. If no notification of defects is received within eight days of delivery, the subject matter of the contract is deemed to have been approved. If the contractual conformity of the subject matter of the contract is confirmed prior to the expiry of the notification period (e.g. by signing any delivery note without reservation), approval is deemed to have been granted at this point in time. In the case of hidden defects, the notification of defects must be received by Morath Solutions AG within eight days of the defect becoming recognisable. If a notice of defect is justified, Morath Solutions AG has the choice of either providing a faultless replacement or granting a price reduction. The customer is not entitled to any further claims. In particular, Morath Solutions AG no liability for damages with regard to any consequential damages. If the goods/products cannot be delivered due to a reason caused by the customer, claims for defects due to delay of the materials or other quality reductions attributable to storage shall be rejected. In any case, the customer's claims shall expire one year after delivery of the subject matter of the contract.
6. resignation
Events of force majeure (e.g. mobilisation, war, sabotage, strike, lockout, revolution, official measures or orders, embargo, natural disasters, etc.) release Morath Solutions AG from its obligation to perform and entitle it to withdraw from the contract. The customer is not entitled to any claims in this case. If, after conclusion of the contract, circumstances become known that reduce the creditworthiness of the customer, Morath Solutions AG is entitled, at its discretion, either to demand a security deposit from the customer to secure the agreed price or to withdraw from the contract and/or to demand compensation for non-fulfilment. The purchaser has no right of cancellation.
7. industrial property rights
The customer is responsible for ensuring that the subject matter of the contract does not in any way lead to an infringement of patent, design or other industrial property rights or copyright. The customer shall be solely liable in this case.
8. reservation of title
The service remains the property of Morath Solutions AG until the price has been paid in full.
9 Place of fulfilment, place of jurisdiction and applicable law
The place of fulfilment is Allschwil/BL. All disputes arising from or in connection with this contract shall be subject to the jurisdiction of the courts of Allschwil/BL and shall be governed exclusively by Swiss formal and substantive law (excluding international conventions).