- Scope of Application
These general terms and conditions (hereinafter “GTC”) apply to all business relationships between Bolliger Oensingen AG (hereinafter “Bolliger Oensingen”) and its customers (hereinafter “Customers”). Any conflicting terms and conditions of the customer are invalid unless expressly acknowledged in writing by Bolliger Oensingen.
Bolliger Oensingen reserves the right to amend these GTC at any time and without prior notice. - Offers and Conclusion of Contract
Offers from Bolliger Oensingen are valid for 30 days from the receipt date or after the validity period stated in the offer. We reserve the right to adjust prices for partial orders. The contract with the customer is concluded when Bolliger Oensingen sends the order confirmation. This conclusively defines the entire agreement between the parties, even if the order confirmation deviates from any order placed by the customer, provided the customer does not immediately intervene against the order confirmation.
Deliveries and services not listed in the order confirmation will be invoiced additionally. Bolliger Oensingen may make technical improvements or further developments at any time, provided these do not lead to price increases.
If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, Bolliger Oensingen is entitled to withdraw from the contract in whole or in part. Any payments already received from the customer will be refunded to the customer.
If no payment has yet been made, the customer is released from the obligation to pay. Any further claims by the customer are excluded. - Property Rights
All documents and resources provided by Bolliger Oensingen to the customer remain the property of Bolliger Oensingen and must be returned to Bolliger Oensingen immediately upon first request.
The intellectual property rights to drawings, developed projects, and other documents and work products remain with Bolliger Oensingen.
Without the express written consent of Bolliger Oensingen, the customer may not reproduce, disclose, or use drawings, developed projects, or other documents and work products for purposes other than those specified in the contract. If necessary for the use of the delivered goods, Bolliger Oensingen grants the customer a non-transferable license.
All copyrights and other intellectual property rights arising from the business relationship remain with Bolliger Oensingen. - Regulations in the country of destination.
At the latest when placing the order, the customer must inform Bolliger Oensingen of the regulations and standards of the country of destination, insofar as they affect the deliveries and services and safe operation. Otherwise, the deliveries and services comply exclusively with the regulations at Bolliger Oensingen’s headquarters. Any adaptations to the regulations and standards of the country of destination are at the customer’s expense. - Prices and Conditions
Prices are exclusive of value-added tax (VAT). VAT is shown separately on the sales receipt and invoice. Packaging costs are charged to the customer based on the costs incurred and shown separately on the invoice. Packaging cannot be returned or credited, with the exception of reusable containers (Euro pallets, frames, and lids). These will be replaced upon delivery. If no exchange can be made, the corresponding reusable containers will be invoiced to the customer. Additional costs such as insurance, transport, official permits, taxes, customs duties, or other charges are to be borne by the customer. Bolliger Oensingen reserves the right to change prices at any time. The price valid at the time the contract is concluded applies to the customer. - Delivery Terms:
Deliveries are generally made using our own fleet. Transportation that cannot be handled with our own fleet is carried out by a transport company. The costs incurred for transportation will be billed to the customer. For deliveries by mail, postage and packaging costs are charged at cost. To conserve resources and contribute to environmental protection, packaging and packing materials are reused wherever possible. - Benefit and risk:
Benefit and risk are transferred to the customer upon acceptance of the goods. If delivery is not made from the Bolliger Oensingen domicile, benefit and risk are transferred to the customer upon handover of the goods to the freight forwarder. - Inspection of the goods/Notice of defects
The customer is obligated to inspect the goods immediately upon receipt (before storage, forwarding, or further processing). Transport damage must be reported to Bolliger Oensingen immediately in writing. Obvious defects must be reported in writing immediately, at the latest within 5 days of receipt of the goods.
Defects that were not apparent upon careful inspection must be reported to Bolliger Oensingen in writing immediately, at the latest 5 days after they become known.
If a notification of defects is not made within the specified time and in the correct form, the goods shall be deemed accepted. Warranty claims due to defects in the goods shall in any case expire no later than two years after delivery to the customer. - Material Warranty
Bolliger Oensingen warrants that the delivered goods comply with the agreed specifications and standards. The selection of the product and material for the intended purpose is always the responsibility of the customer.
In the event of defects, Bolliger Oensingen undertakes, at its sole discretion, either to remedy the defects, replace the delivered goods with non-defective goods, or take back the defective goods and issue a corresponding credit for the purchase price. In the latter case, the defective goods must always be returned to Bolliger Oensingen. The customer is not permitted to dispose of the goods on their own initiative. - Limitation of Liability
All claims by the customer are excluded, to the extent permitted by law. In particular, compensation for production downtime, loss of use, loss of orders, lost profits, third-party claims, or compensation for indirect and consequential damages, regardless of the legal basis for such damages, are excluded. Liability for vicarious agents is excluded.
Bolliger Oensingen’s warranty and liability are generally excluded for defects and damages resulting from natural wear and tear, inadequate maintenance, disregard of operating instructions, excessive use, unsuitable operating materials, chemical or other environmental influences, work not performed by Bolliger Oensingen, design defects by third parties, or other reasons for which Bolliger Oensingen is not responsible. - Terms of payment
Invoices are to be paid within 30 days net or by the payment period stated on the invoice (“due date”). If the payment deadline is not met, the customer must pay default interest of 5% on the outstanding invoice amount from the due date. Compensation for further damages remains reserved. The customer is not entitled to offset against his own claims or to withhold or reduce payments. If the customer is in default, Bolliger Oensingen also reserves the right to immediately suspend outstanding deliveries and services and is entitled to demand advance payments or withdraw from unfulfilled orders. Payments are to be made to Bolliger Oensingen’s domicile at its free disposal without deduction of discounts, expenses, taxes, or fees of any kind. - Delivery period
The delivery period begins after conclusion of the contract and receipt of the payments due at that time, completion of official formalities, and settlement of essential technical issues. The delivery period is non-binding unless Bolliger Oensingen has expressly designated the delivery period as binding in the order confirmation.
Binding delivery periods are deemed to have been met if Bolliger Oensingen notifies the customer of readiness for shipment before the deadline expires. If delivery is delayed due to an event that Bolliger Oensingen cannot prevent despite exercising due care, or if delivery is delayed due to an action or omission by the customer or due to non-fulfillment or delayed fulfillment of its contractual obligations, or if there is a case of force majeure, such as a natural disaster, epidemic, war, mobilization, political unrest, embargo, labor dispute, accident, or any other event that the contracting parties cannot prevent despite exercising due care, the delivery period shall be extended accordingly. - Applicable Law:
The exclusive place of jurisdiction is Balsthal, Canton of Solothurn, unless mandatory statutory provisions stipulate another place of jurisdiction. This contractual relationship is governed by Swiss substantive law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of April 1, 1980 (the “Vienna Convention”) and all international treaties is excluded. - Data protection:
The processing of personal data by Bolliger Oensingen is subject to the provisions of the privacy policy, available at https://www.bolliger-oensingen-ag.ch/uploads/Sr5cSn0e/AGBBolligerOensingenAG002.pdf.
It is an integral part of these General Terms and Conditions.