1.1 Unless otherwise agreed in written form, these provisions shall apply. They become binding with the written order confirmation by RC Tritec or with the verbal or written acceptance of a written offer by RC Tritec by the customer.
1.2 Contract changes, changes of these general terms and conditions as well as any additions require the written form.
2. Subject and scope of RC Tritec's services
2.1 Subject and scope of the owed service are exclusively determined by the written offer of RC Tritec accepted by the customer or the order of the customer confirmed in writing by RC Tritec.
2.2 Changes and additions to the object or the scope of the owed service are not binding without written confirmation from RC Tritec.
2.3 RC Tritec is authorized to make changes or additions to the agreed services, which lead to improvements, as far as these do not cause a price increase for the customer.
3. Obligations of the customer
The customer grants RC Tritec access to all information and documents required by RC Tritec for the performance of its services. This includes internal information and documents as well as information and documents from suppliers. The customer is responsible for their completeness and correctness.
4. Obligations of RC Tritec
4.1 RC Tritec is obliged to maintain secrecy with regard to all information disclosed to it.
4.2 RC Tritec undertakes to provide the contractually agreed services with the care customary in the industry and in compliance with the instructions given by the customer in writing.
5. Performance date and default of acceptance
5.1 The date of performance shall be regulated separately in the contract.
5.2 If RC Tritec is directly or indirectly affected by force majeure, official activities, strikes, lockouts, breakdowns, accidents, industrial disputes or similar and its performance is therefore considerably impaired or rendered impossible, it shall be entitled to postpone fulfilment of the obligation for the duration of the disability and an appropriate starting time.
5.3 The customer shall be in default of acceptance if he refuses to accept the products offered or fails to comply with or delays the obligation of cooperation upon him in accordance with point 3 or other duties of cooperation.
5.4 If the customer is in default of acceptance, RC Tritec can demand the agreed remuneration and compensation for the additional expenses incurred for the services not rendered as a result.
5.5 RC Tritec is authorized to involve third parties in the fulfillment of the contract or to transfer the fulfillment in whole or in part to third parties.
6. Terms of payment
The invoices issued by RC Tritec are due for payment within 30 days from date of invoice net without deduction of discount, expenses, taxes, levies, etc., unless otherwise agreed in writing. If the customer does not follow the terms of payment, he is without further reminder from due date in default.
7. Title retention
7.1 Goods manufactured or ordered for customers remain the property of RC Tritec until full payment by the customer.
7.2 The customer is obliged to support RC Tritec in measures to protect its property; RC Tritec is in particular authorized to make the entry or the reservation of the title retention in public registers, books or similar in accordance with the relevant national laws and to fulfil all relevant formalities. The customer shall take all actions to ensure that the title retention is neither revoked nor impaired.
RC Tritec disclaims any liability. The liability for damages caused by RC Tritec intentionally or through gross negligence remains reserved.
9.1 The customer must notify any complaints in writing and designated as such within two weeks of appearance.
9.2 In the case of appeared defects, the customer only has the right to request RC Tritec to improve or eliminate the defect within a reasonable period of time. RC Tritec can, at its own discretion and with liberating effect, also make a replacement delivery instead of the rectification of defects.
9.3 All claims of the customer are subject to a limitation period of one year. In addition, all claims of the customer expire at the latest at the end of one year since the performance of the service or partial performance by RC Tritec if the customer has not registered his claim in writing within this period. A service or a partial service is provided with each dispatch or delivery of a work result, a product, or a result, intermediate result to the customer.
10.1 If RC Tritec assures a guarantee for a certain period of time, RC Tritec will remedy defects in the services of RC Tritec free of charge during this period, insofar as RC Tritec is responsible for these defects. Unless otherwise specified, the guarantee period runs from the beginning of shipment at RC Tritec. The guarantee period runs separately for each partial delivery.
10.2 Defects may only be remedied by RC Tritec. If the customer tries to remedy any defects or makes use of the services of third parties for the remedy of any defects, the guarantee expires without further ado. The guarantee then expires if the customer does not take all suitable actions to reduce the damage when a defect occurs and does not give RC Tritec unrestricted opportunity to remedy the defect
10.3 Even if the customer claims the guarantee, he still owes the fully agreed price. Deductions are not accepted.
11. Original text
These general terms and conditions can also be translated into other languages. In case of disagreement, however, only the German version shall be binding.
12. Severability clause
If any of the provisions of these terms and conditions or of any individual contract are found to be unforceable, this shall not invalidate the whole contract. In this case, the unforceable provisions shall be deemed modified to the limited extent required to permit enforcement of these terms and conditions or of any individual contract as a whole.
13. Place of Performance, place of jurisdiction, applicable law
13.1 Place of performance is at the registered office of RC Tritec, in CH-9053 Teufen, Switzerland.
13.2 Swiss law is exclusively applicable. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is not applicable.
13.3 The place of jurisdiction for all disputes arising shall be CH-9053 Teufen, Switzerland.
13.4 Place of performance, place of debt collection for customers with foreign domicile and exclusive place of jurisdiction for all proceedings is CH-9053 Teufen, Switzerland.
13.5 RC Tritec, however, has the right to prosecute the customer at the responsible court at his domicile or any other responsible court.
1st January 2019