Terms and Conditions - Fiedler Schweißservice GmbH

The type and scope of delivery are specified in the order confirmation.
Orders are only valid if confirmed by us in writing. Subsequent changes require our written consent.
If there is a conflict between our terms and conditions of sale and the buyer’s terms and conditions of purchase, it is the buyer’s responsibility to initiate negotiations; otherwise, the buyer will be deemed to have waived their own terms and conditions. Agreements to the contrary, as described below, require our written confirmation to be valid.

Prices are subject to change.
Transport packaging is charged at cost.
SBB tariffs apply to replacement packaging, such as snap-on frames, containers, and pallets.
If cost factors change after the offer has been submitted or the order has been confirmed, prices may be adjusted.

Projects and preliminary studies, including the preparation of drawings and prototypes, prepared by the supplier at the request of a prospective customer, remain the property of the supplier and may not be transferred to or made accessible to third parties by the prospective customer without the supplier’s written consent. The supplier reserves the right to invoice for projects and preliminary studies if the order is not received within three months of the proposal being submitted.

We will always make every effort to adhere to the promised delivery times, but we cannot accept liability for this. Unforeseen events or force majeure, whether on our side or at our suppliers, release us from our delivery obligation for the duration of the event and the consequences, without compensation or right of withdrawal for the buyer. The delivery period will be extended appropriately if the information required to fulfill the contract is not received in a timely manner, or if the customer subsequently modifies it, thereby causing a delay in deliveries or services.
If partial deliveries are not requested within the agreed period, the supplier has the right to invoice the partial delivery and demand acceptance within 14 days. After this period, the goods will be stored at the supplier’s premises at the customer’s expense and risk. If the number of ordered but not yet manufactured items is not requested within the agreed period, the supplier is entitled to a surcharge for shortfalls, compensation for lost profits, and payment of the portion of the tooling costs not already invoiced.

The supplier reserves the right to over- or under-deliver by up to 10% of the ordered quantity.

The tools will be used exclusively for the customer’s orders. Any other use requires an express agreement between the purchaser and the supplier.
Tools of any kind not provided by the purchaser are, in any case, the property of the supplier and remain in the supplier’s possession, even if the purchaser has paid a portion of the tooling costs or the entire manufacturing costs of the tools.
If the promised quantity is not accepted within the agreed period, the supplier reserves the right to demand reimbursement of any uncovered tooling costs.
If the purchaser does not pay for deliveries and services as agreed, the supplier may use the tools for other purposes.

The supplier shall carefully store the tools for reorders and maintain them at its own expense for three years from the last delivery. At the customer’s request, the tools will be stored and maintained at the customer’s expense for a maximum of two additional years. After five years from the last delivery, any obligation to store and maintain them ceases.
The supplier is responsible for the maintenance of the tools. Both the supplier and the customer shall agree on any necessary overhauls or replacements, including the costs associated with overhauls and replacement tools.

If the customer supplies accessories such as metal inserts to be pressed in or overmolded, they must be delivered with a surplus of 5 to 10% to cover waste during processing. Failure to deliver such accessories on time or in faulty condition entitles the supplier to invoice the incurred costs and releases the supplier from compliance with the agreed delivery deadline.

Sampling is generally required for new orders, material changes, or tool modifications.
The quality and design of the products are determined by the customer’s approved samples.
For dimensions and tolerances not specifically specified, VSM Standards 77 012, Groups A, B, or C, apply.
The customer bears sole responsibility for the correct design of the products and their practical suitability, including the choice of materials, even if the supplier advised them during development.

The supplier remains the owner of all deliveries until full payment in accordance with the contract (order confirmation) is received. Upon conclusion of the contract, the customer authorizes the supplier to register the retention of title in the official register and to complete all related formalities.
The purchaser shall maintain the delivered items at its own expense for the duration of the retention of title and insure them for the benefit of the supplier against theft, fire, breakage, water, and other risks. The purchaser shall also take all necessary measures to ensure that the supplier’s claim to title is neither impaired nor revoked.

Even in the case of freight-free delivery, the risk shall pass to the purchaser upon leaving the delivery plant.
If acceptance or shipment is delayed due to the purchaser’s actions, the purchaser shall bear the risk from the time of handover or readiness for shipment.
Upon the purchaser’s written request, the goods will be insured at the purchaser’s expense against breakage, transport, and fire damage.

Notices of defects must be brought to the supplier’s attention immediately and no later than eight days after receipt of the goods.
If a complaint is justified, the supplier will replace the goods free of charge, either by repair or replacement, or credit the invoice amount or the reduced value. Further claims by the customer of any kind are excluded, particularly claims for lost profits, processing costs, the costs of installation and removal of the defective products, and consequential damages.
The approval of sample parts by the customer excludes subsequent complaints, provided that the delivered parts correspond to the approved sample parts.
Rework on parts carried out without the supplier’s consent, as well as improper handling, will result in the loss of all claims for defects against the supplier.
If parts are delivered according to designs or drawings provided by the customer, the warranty is limited to the fact that the delivered parts have been manufactured in accordance with these documents. No guarantee is given for suitability for the intended purposes of the customer or for other purposes.

If the supplier is required to deliver items based on designs, drawings, models, or samples provided by the customer, or based on any other information, the customer warrants that the manufacture and delivery of the items will not infringe any third-party intellectual property rights. The customer assumes responsibility for all damages that may arise from an infringement of third-party rights.

The place of performance and jurisdiction for all obligations arising from the legal relationship between the customer and the supplier is CH-3270 Aarberg.
The legal relationship is governed by Swiss law.