AGB - Megatron AG

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

These General Terms and Conditions of Sale, Delivery and Payment of MEGATRON AG ("GTC") apply to all deliveries by MEGATRON AG to customers as soon as they have become part of the delivery contract. They become part of the supply contract if MEGATRON AG has made the GTC generally known before the contract is concluded, whether by printing them in catalogs, on offers, order confirmations or invoices or if they were published on the MEGATRON AG website.
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.

Offers made by MEGATRON AG are always subject to change and non-binding. If the customer orders goods without the order being preceded by an offer from MEGATRON AG, the contract shall come into effect with the execution of the delivery by MEGATRON AG. The content of the contract is the product specification ("Product Specification") set out in the catalogs or service sheets, which can also be viewed on the MEGATRON AG website, and the scope of the delivery actually made.
If the customer orders goods after receiving a quotation from MEGATRON AG and if MEGATRON AG carries out the order without further ado, the contract is concluded upon receipt of the order, provided that it corresponds to the quotation. The content of the contract is the scope of services described in the offer or the corresponding product specification.
If the customer orders goods and MEGATRON AG feels compelled to issue an order confirmation, the contract shall come into effect upon delivery of the order confirmation to the customer. The content of the contract is the scope of services described in the order confirmation or the corresponding product specification.

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

Deliveries of MEGATRON AG are EXW Füllinsdorf (INCOTERMS).
If there are justified doubts about the Customer's ability to pay, MEGATRON AG is entitled to demand securities or advance payments before delivery and to wait until the security or advance payment has been received before making delivery, or to withdraw from the contract. In such a case, the customer shall not be entitled to any claims for compensation.
The place of performance for all obligations arising from contracts between MEGATRON AG and the customer is Füllinsdorf.

Invoices from MEGATRON AG are due for payment net within 30 days of the invoice date. Customers domiciled outside Switzerland are obliged to pay the invoice in advance. Delivery of the goods by MEGATRON AG will be arranged after receipt of payment.
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.

Delivery dates are only binding if they have been assured in writing by MEGATRON AG. These shall be extended appropriately if the customer subsequently changes the order or if obstacles occur that are beyond the control of MEGATRON AG, such as late delivery by suppliers of MEGATRON AG or force majeure.
MEGATRON AG shall inform the customer if delays become apparent in relation to delivery dates assured in writing. The customer has the right to set a reasonable grace period. After this period has expired, the customer may withdraw from the contract within three days. The customer shall only be entitled to compensation for damages arising from the failure to fulfill the contract if he can prove intent or gross negligence on the part of MEGATRON AG.

MEGATRON AG does not assume any material warranty for the delivered goods. Information in the product specifications on the products and their use are merely descriptions and do not include any warranted characteristics and/or guarantees. Manufacturing or raw material-related deviations, including deviations from samples and earlier deliveries, which do not fundamentally change the main character of a product, are permissible. MEGATRON AG accepts no liability for damages resulting from a faulty delivery (direct and indirect as well as consequential damages) (Art. 199 OR).
If the suppliers of MEGATRON AG provide a guarantee, MEGATRON AG will claim these guarantee services 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 against the supplier to the customer.
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.

The contract between MEGATRON AG and the customer shall be governed by Swiss law to the exclusion of the Vienna Sales Convention.
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.