1. General
1.1 A contract is considered to be concluded with a written quotation, order confirmation or when the goods are despatched and invoiced by ROTRONIC. By accepting the delivery, the customer agrees to the conditions of ROTRONIC. Divergent conditions have to be stipulated in writing.
1.2 Orders shall only become binding upon ROTRONIC after it has issued a written confirmation of order.
1.3 ROTRONIC - reserve the right to amend typing errors/mistakes to price lists
and technical data at any time.
2. Prices
Prices shall be deemed net including V.A.T. and Advanced Recycling Fee (ARF) SWICO (in Switzerland only) for Computer Products, excluding VAT for all other products, excl. transportation and packaging charges for all products, provided that alternative conditions have not already been agreed. ROTRONIC AG however hereby reserves the right to make price adjustments to cover definite increases in costs, e.g. goods and material.
3. Delivery period
Within Switzerland Computer Products are normally delivered on a next working day. For unavailable articles, an order confirmation with the prospective delivery date, also for part deliveries, is sent to the customer. For all other products, the delivery period shall be the date in the order acknowledgement and as such will be extended should difficulties arise that may have been caused by an act of God such as war, epidemics and among other things storm and tempest.
4. Despatch
All deliveries shall be effected for the account and the risk of the customer. ROTRONIC AG reserve the right to supply against prepayment or cash on delivery. Any complaints concerning damage, loss or delay are to be reported to ROTRONIC AG within 8 days of the receipt of the consignment. But complaints concerning any faulty packaging shall be rendered on the same day as the receipt of the consignment (Refusal of acceptance with “Die Post” or the forwarding agent).
5. Works deliveries
Should the consignment and invoicing be directly affected by the suppliers of ROTRONIC AG, the conditions of sale and supply of that particular supplier shall be valid for customers in respect of that particular contract. In such cases, these present conditions of sale and supply shall have no validity and damage indemnity claims or claims of any other nature cannot be made enforceable against ROTRONIC AG hereunder.
6. Return of goods and materials
Computer Products
Computer Products, Electronic Packaging, Electronics and UPS Systems out of the current ROTRONIC product range can be returned within 8 days after delivery. The goods must be in their original packaging, complete, undamaged and fully functional. On a copy of the invoice or the dispatch advice, the reason for returning the products has to be stated. Should such document/statement be missing, an administration fee of CHF 30.— will be charged. Incomplete, damaged packages are not accepted. Full costs for bringing the products into a re-sellable condition plus a handling charge (cumulative) will be deducted from the credit note, configured products such as modems, routers, firewalls, switches, etc. can only be returned in the manufacturers’ original configuration. Should ROTRONIC have to reset such products, a charge of CHF 180/working hour will be due.
Returns later than 8 days after delivery can only be accepted back after prior consultation of ROTRONIC. Delayed returns are charged additionally with a handling fee of CHF 30.—.
Obsolete products, i.e. products not being in the regular online-/catalogue-assortment, software, data carries, also products made to specification and all products which are not held on stock normally cannot be returned.
Printer, Fax, PCs CPUs, Scanner, hard-disks, notebooks, consumables, PDAs, mobile phones, LCD-displays, overhead-projectors, digital cameras, power supply units, measuring equipment, etc. have to be returned in their sealed original packing. Should the above regulations not be fulfilled, ROTRONIC has the right to deduct the credit note or refuse to take the product (s) back or to make out a debit note. After return of the product (s), a credit note will be processed and then sent to the customer.
Humidity- and Temperature-Measuring Equipment
The return of goods and materials shall require the written permission of ROTRONIC AG and may only be effected if the goods and materials are in re-sellable condition and still in their original packaging, and only then if such are usually maintained in stock by ROTRONIC AG. A copy of the delivery note or the invoice must be enclosed. Returns without either a copy of the delivery note or the invoice will not be accepted. An appropriate surcharge will be levied by ROTRONIC AG on the purchaser to defray the cost of any inconvenience caused.
7. Settlement
Invoices are to be settled net within 30 days without any deductions. Purchasers will be charged the usual bank overdraft rate of interest in respect of overdue payments. Other payment modes can be agreed upon.
8. Retention of ownership rights
All goods and materials supplied shall remain the property of ROTRONIC AG until full payment of the debited invoice amount has been received.
9. Warranty
ROTRONIC AG will grant a warranty for plant and equipment for a period of 24 months for humidity- and temperature measuring equipment and 12 months for all other equipment from the date of delivery in respect of any evidenced faulty workmanship and materials. Should a delivered consignment prove to be contrary to contract upon inspection, the customer shall grant ROTRONIC AG the opportunity hereunder of removing the fault, or else the customer may demand replacement. Should the supply or delivery of any improvement or replacement not prove possible, the customer may choose between having the purchase price reduced or in demanding the contract of sale to be rescinded (conversion). Damage resulting from natural wear and tear, an act of God or non compliance with the operating instructions shall be excluded from the warranty as well as mechanical interference by the customer or by third parties with plant and equipment of ROTRONIC AG without its written permission. No liability will be accepted for defects, damage or injury caused due to installation not carried out in accordance with the manufacturer’s installation instructions.
5-year functioning warranty for roline Computer accessories. For all roline computer accessories sold after 2001, ROTRONC AG grants a functioning guarantee of 5 years. It is a pure functioning warranty on the features from date of purchase. Roline phone accessories, consumables, power supply units, wear parts, ventilators and other mechanically movable parts, natural wear and tear are exempt from this guarantee. All exemptions specified in the general 12 months warranty for ROTRONIC computer products are applicable. To claim warranty, the rejected product has to be sent to ROTRONIC AG together with the original invoice, any exchange before the product has been returned to ROTRONIC AG is not possible. ROTRONIC AG reserve the right to repair, exchange or supply an equivalent substitute. Warranty on the purchase price is limited, all liability for consequential damages or changes in technology is expelled.
10. Cancellation
Cancellation of orders shall only be possible hereunder with the written approval of ROTRONIC AG. Any costs which have already been incurred or price increases as a result of reduction in amounts ordered shall be for the account of the purchaser. Partial supplies of an order contracted upon call shall be claimed within the agreed supply and delivery periods; otherwise ROTRONIC AG may cause the relative consignment and invoice billing therefore to be made.
11. Place of jurisdiction
The place of jurisdiction shall be either ROTRONIC AG’s or the customer’s Swiss domicile. Legal relationship hereunder shall be subject to Swiss Law.
August 2006
