General Terms and Conditions of Sale, Delivery and Payment of MEGATRON AG

March 2016 issue

1. validity

  1. These General Terms and Conditions of Sale, Delivery and Payment of MEGATRON AG (GTC) shall apply to all deliveries made by MEGATRON AG to customers as soon as they have become part of the supply contract. This shall be the case if MEGATRON AG has made the GTC generally known to the customer prior to conclusion of the contract, whether by printing them in catalogs, on quotations, order confirmations or invoices.
  2. If individual agreements in individual cases contradict these GTC, the individual agreements shall take precedence. If these GTC contradict general purchasing conditions of the customer, the GTC of MEGATRON AG shall take precedence over those of the customer.

2. origin of the contract

  1. If the customer orders goods without the order having been preceded by a quotation from MEGATRON AG, the contract shall come into existence with the execution of the delivery by MEGATRON AG. The content of the contract shall be the product specification set out in the catalogs or service sheets of MEGATRON AG and the scope of the delivery actually executed.
  2. If the customer orders goods after having received a quotation from MEGATRON AG and if MEGATRON AG executes the order without further ado, the contract shall come into existence upon receipt of the order, provided that it corresponds with the quotation. The content of the contract shall be the scope of performance described in the quotation.
  3. If the customer orders goods and MEGATRON AG sees fit to issue an order confirmation, the contract shall come into existence upon delivery of the order confirmation to the customer. The content of the contract shall be the scope of services described in the order confirmation.

3. prices

  1. The prices listed in the catalog are non-binding guide prices. Prices are subject to change at any time.
  2. All prices excl. VAT, EXW Füllinsdorf.
  3. A surcharge will be applied for small quantities.

4. delivery

  1.  Deliveries of MEGATRON AG are EXW Füllinsdorf (INCOTERMS).
  2. The place of performance for all obligations arising from contracts between MEGATRON AG and the customer shall be Liestal.

5. payment

  1. Invoices of MEGATRON AG are due for payment net within 30 days from the date of invoice.
  2. After expiry of the payment deadline, the customer is automatically in default. The interest on arrears is calculated at the interest rate of the Zürcher Kantonalbank for unsecured overdrafts.

6. delivery dates

  1. Only the delivery dates assured in writing by MEGATRON AG shall be binding. These shall be extended appropriately if the customer subsequently changes the order or if obstacles occur which are beyond the control of MEGATRON AG, such as delayed delivery by suppliers of MEGATRON AG or force majeure.
  2. MEGATRON AG shall inform the customer if delays in relation to delivery dates guaranteed in writing become apparent. The customer shall have the right to set a reasonable grace period. After expiry of this period, the customer may withdraw from the contract within three days. The customer shall be entitled to claim damages arising from the default of the contract if he can prove that MEGATRON AG acted intentionally or with gross negligence.

7. material warranty

  1. MEGATRON AG does not assume any warranty of quality for the delivered goods. Any liability for damages as a result of defective delivery (direct and indirect as well as consequential damages) is excluded on the part of MEGATRON AG (Art. 199 OR).
  2. Insofar as MEGATRON AG's suppliers provide a warranty, MEGATRON AG shall claim these warranty benefits in the event of defects and forward them to the customer. If the supplier's warranty performance is disputed, MEGATRON AG may assign its claims to the supplier to the customer.
  3. It is the customer's responsibility to inspect the goods received upon receipt and to immediately notify MEGATRON AG in writing of any visible defects so that MEGATRON AG can forward the complaint to its supplier, if necessary. Hidden defects must be notified in writing immediately after discovery.

8. choice of law and place of jurisdiction

  1. The contract between MEGATRON AG and the customer shall be governed by Swiss law to the exclusion of the Vienna Sales Convention.
  2. For disputes arising from or in connection with the contract between MEGATRON AG and the customer, the parties acknowledge the jurisdiction of the ordinary courts in Füllinsdorf. MEGATRON AG may also sue the customer at the latter's place of business.
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