General Terms and Conditions
General Terms and Conditions
The following terms of conditions apply to the relationship between NOUVAG AG and its customer and hold its validity during the existing business relation. Different or supplementary terms shall not be part of the contract unless explicitly approved in writing by NOUVAG AG. The respective current agreement is binding.
Formation of contract
The contract is concluded with the written order confirmation or delivery.
The order confirmation shall be crucial for the contractual content, in particular the scope of services.
Contract amendments and supplements must be confirmed in writing by NOUVAG AG and signed by its representative.
Prices and terms of payment
The price stated in the price list shall be binding. Prices (ExW Goldach) include packaging and exclude transportation. We reserve the right to make changes at any time unless the price has been explicitly confirmed as a fixed price with fixed validity.
Unless agreed otherwise, payment must be made within 30 days of the invoice. In case of delay in payment default interest at 8% above the base interest rate shall be payable. Payment will be made in advance in case of insufficient credit history.
Set-offs are excluded unless the counterclaim has been acknowledged in writing by NOUVAG AG or recognized by a legal body.
Delivery, shipping and returns
Shipment is ExW (Goldach). Delivery dates are based on the individual agreements and stock availability. The delivery period is met when the item is handed over for transportation or when readiness for dispatch is established and communicated.
The delivery must be inspected immediately for any defects. Recognizable defects are to be reported in writing within 14 days after receipt and non-recognizable defects immediately after discovery. The type and scope of the defect must be evident from the notice of defect. Failure of notification within the aforementioned time approves the delivery and excludes any warranty claim.
Risk and benefit shall pass to the customer upon shipment.
Returns are made only with prior consent. Otherwise, the consequential costs are to be reimbursed. Sterile goods cannot be returned.
Availability of spares and service parts
The availability of all mechanical and electronic components is guaranteed for 5 years after the last delivery. Availability is subject to discontinuation by NOUVAG AG suppliers.
The delivery dates for the aforementioned spares and service parts are included in the service parts list enclosed with the device; alternatively, they will be published by the local service organizations on request.
Force majeure, official interventions or events that could only be prevented with disproportionate costs release NOUVAG AG from the obligation to fulfill the contract for the duration and scope of the obstacles.
Warranty claims expire 12 months after delivery. It also expires in the event of modifications / repairs by parties other than NOUVAG AG or its authorized representatives. NOUVAG AG accepts no liability for improper handling.
Retention of title
NOUVAG AG retains ownership of the delivered goods until all claims including additional costs are paid. This also applies in the event of resale to third parties.
Intellectual property and any goods protected by copyright may neither be reproduced nor made available to third parties without the consent of NOUVAG AG.
Swiss law shall apply with the exclusion of both the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of performance is Goldach.
The place of jurisdiction is Rorschach in the canton of St.Gallen.