General Terms and Conditions as of (12-2023):
Kraske electronics AG (hereinafter: Seller)
4147 Aesch BL
- The following conditions apply to all offers and contract conclusions, including consulting and other contractual services. Deviations – also based on differing general terms and conditions of the contractual partner – are not valid unless expressly and in writing acknowledged. Contrary conditions contained in the buyer’s order are nullified by the following conditions.
- Telephone orders as well as those placed via email or online shop are binding for the seller if they have been confirmed in writing (online “Click-to-Accept”) or if the goods have been delivered and/or an invoice has been issued.
- Offers and orders are non-binding until order confirmation and/or invoice.
- In the case of orders placed by minors and wards, the signature of the legal representative is required.
- The offer is intended for natural customers with residence or legal customers with registered offices in Switzerland or Liechtenstein. Deliveries are only made to addresses in Switzerland or Liechtenstein.
The offer is valid as long as it is visible in the online shop and/or stock is available. Price and assortment changes are possible at any time. The illustrations shown in advertising, brochures, the online shop, etc., as well as all information about the products (technical specifications, sound characteristics) are for illustration purposes and are not binding. The specific information provided by the manufacturer in data sheets or operating instructions is decisive.
II. Delivery, Packaging, Delivery Deadlines
- The minimum order value is CHF 20.00.
- Delivery is at the buyer’s risk. Once the goods have been properly handed over by the seller to the Swiss Post, courier service, or other carriers, as well as forwarding agents, the risk passes to the buyer. All goods are transport-insured by the seller upon explicit request.
- Shipping is carried out in the manner and packaging deemed most suitable by the seller. The seller is not liable for the quality and type of packaging material. Special requests are at the expense of the buyer. Handling costs are not included in the purchase price. However, packaging for large, heavy, or items not packaged by the manufacturer is separately charged by the seller.
- The buyer is responsible for bearing the shipping costs.
- Partial deliveries are permissible unless expressly agreed otherwise.
- The buyer or their authorized representative must inspect the goods for transport damage immediately upon receipt. The buyer must have damages to the packaging certified in writing by the carrier upon acceptance of the goods.
- The seller will fulfill the delivery on working days promptly (on the same day or the following day) and dispatch the goods by the agreed-upon method. After the expiration of the delivery period specified by the seller, a supplementary delivery period of the duration of the delivery period, but not exceeding 30 days, will automatically commence without further notice. In case of force majeure, labor disputes, official measures, and other unforeseen events that could not have been avoided despite reasonable precautionary measures – whether at the seller, the supplier, or third parties – the delivery or acceptance period is extended appropriately for the duration of the hindrance, even if such events occur during an existing delay. If events in the aforementioned sense occur outside of a delay and delivery subsequently becomes impossible or unreasonable for the seller, the seller is entitled to withdraw from the contract. Claims for damages are excluded in the aforementioned cases.
- If delivery is not made on time and the buyer wishes to withdraw from the contract, they must set a supplementary delivery period of 4 weeks for the seller, threatening to reject fulfillment after the deadline. The supplementary delivery period is calculated from the seller’s receipt of the notice. Claims for damages due to non-fulfillment of the contract are excluded.
- In the case of delivery or performance delay or seller-induced impossibility of delivery or performance, claims for damages due to non-fulfillment are excluded unless there is intent or gross negligence on the part of the seller.
- Complaints regarding incomplete or incorrect goods or visible defects must be submitted in writing to the seller immediately, no later than 8 days after receipt of the goods. Warranty claims can only be asserted if the delivery is immediately opened and examined for obvious damages. In the event of damage or loss of the goods, the seller is obligated to obtain all documents to facilitate proof of damage.
- In the presence of defects or the absence of assured characteristics, demonstrably occurring due to circumstances preceding the transfer of risk, the seller is only obligated, at their discretion, to grant a price reduction, exchange or take back the goods, or provide a warranty by repairing or correcting the delivered item. The seller is exempt from any other or further obligation. Faulty items must be returned to the seller upon request. Replaced parts become the property of the seller. In the case of justified complaints, the seller bears the costs for the return shipment, including transport insurance. Defects or damages resulting from intentional or improper handling, improper installation, use of unsuitable accessories, or modification of original parts by the buyer or third parties not authorized by the seller, as well as natural wear and tear, are excluded from the warranty.
- Claims for damages within the scope of the warranty for consequential damages, violation of contractual ancillary obligations, advice errors, or tort against the seller or their agents are excluded unless intent or gross negligence is present. Claims for damages due to the absence of assured characteristics are excluded unless the assurance includes the avoidance of consequential damages. An assured characteristic exists only if it has been explicitly provided to the buyer in writing.
- The seller provides a minimum warranty of 24 months on all devices and goods (except tubes, pickups, lamps, consumables, and used equipment) or possibly the manufacturer’s original warranty. The warranty period is 24 months. Within this warranty period, the seller covers the costs of spare parts and the labor required for repair. The buyer is obliged to bear the costs of returning the item to the seller. The costs of resending to the buyer, including insurance, are borne by the seller. After several unsuccessful repairs carried out according to the above regulations, the buyer has the right to replacement or cancellation of the purchase (conversion). If no warranty cards are available for devices (especially those originating from the USA or England), the seller’s warranty commitment, when accompanied by the invoice, serves as proof. A manufacturer’s warranty statement that is more extensive than that of the seller is not binding on the seller. The buyer cannot assert any claims beyond the warranty claims regulated above. In particular, claims for damages due to consequential damages are excluded.
- Compensation claims are limited in amount to the value of the delivered goods.
- Compensation claims of any kind against the seller or its agents for the violation of contractual ancillary obligations, from negligence at the time of contract formation, or from unlawful acts are excluded unless intent or gross negligence is present.
V. Special Regulations for Delivery and Installation of Technical Devices
- Offer a) The offers correspond to the state of the art at the time of offer creation.
b) The examination of the devices or parts listed in the offer, especially regarding their functionality at the installation site and the necessary consideration of regulations or influences, is the responsibility of the client.
c) If the effects or impressions generated by our devices are not known or familiar to the client, they must verify this themselves beforehand. Subsequent complaints due to different effects than presented are not possible.
d) Installation material, fastening material, brackets, and other small accessories are charged additionally based on effort. The same applies to arrivals and departures, working hours, drawing, and planning work. The recording of the aforementioned work is done internally. If the client wishes regular reports during the execution of the order, they must explicitly notify this and ensure that these are regularly presented to them. Otherwise, the client agrees to this arrangement and accepts the recording after the order has been completed or billed.
- Liability for Defects a) All parts that are found to be unusable or significantly impaired in their usability within 12 months from commissioning due to circumstances predating the transfer of risk—especially due to faulty design, poor materials, or defective execution—shall be repaired or replaced at the seller’s discretion. The detection of such defects must be reported to the seller immediately in writing. Replaced parts become the property of the seller. If shipment, assembly, and commissioning are delayed without the seller’s fault, liability ceases no later than 12 months after the transfer of risk.
b) The client’s right to assert claims for defects expires in all cases from the time of timely complaint within 6 months, but no earlier than the expiration of the warranty obligation.
c) No warranty is provided for damages arising from the following reasons: unsuitable or improper use, faulty assembly or commissioning by the client or third parties, natural wear and tear, improper or negligent handling, unsuitable operating resources, chemical, electrochemical, or electrical influences, design flaws, software errors, unless attributable to the seller’s fault. Defects resulting from improper operation, incorrect wiring, or mechanical damage, or caused by repair attempts by technicians not authorized by the seller, are excluded from the warranty.
d) The client must allow the seller the necessary time and opportunity to carry out all rectifications and replacement deliveries that seem necessary at the seller’s reasonable discretion, after notifying the seller; otherwise, the seller is exempt from liability for defects. Only in urgent cases of endangering operational safety and to avert disproportionately large damages, with immediate notification to the seller, or if the seller is in default with the rectification of the defect, the client has the right to remedy the defect himself or through third parties and demand reimbursement of the necessary costs from the seller.
e) The seller bears the direct costs of the replacement part and the necessary shipping, including the reasonable costs of disassembly and assembly, insofar as the complaint is justified. Otherwise, the client bears the costs.
f) Rectification work on large devices that cannot be sent in will be carried out on-site, with travel costs charged as they are not covered by the warranty claim. If service fees were also granted for such devices, travel costs and on-site working hours would be billed.
g) The warranty period for the replacement part and rectification is 3 months. However, it lasts at least until the expiration of the original warranty period for the delivered item. The period for liability for defects in the delivered item is extended by the duration of the operational interruption caused by the rectification work.
h) Any liability for consequences arising from alterations or repairs carried out improperly by the client or third parties without prior approval from the seller is excluded.
i) Further claims of the client, especially a claim for compensation for damages not arising from the delivered item itself, are excluded unless they are based on intent or gross negligence.
- Products for which the seller acts as a reseller, and whose distribution is carried out by other companies, are subject exclusively to the warranty conditions of the upstream suppliers.
- The other general terms and conditions apply accordingly.
VI. Product Returns
- Returned goods will only be accepted if agreed upon in advance, the goods and original packaging are in perfect condition, and the return is sent free of charge to the seller’s business address in Aesch. In the case of goods returned without consent, the seller reserves the right to refuse acceptance. For goods that were manufactured according to the customer’s specific request or were specially ordered due to non-standard stock, returns are not accepted.
- For returned goods or items taken back due to retention of title, the current value will be credited, minus a processing fee provided that the return is not due to a justified complaint.
- For payments made with common and accepted payment methods incurring commission fees, we reserve the right to deduct these fees. For Visa and Master-Card, these fees amount to 2.74%, plus a transaction fee of CHF 0.30. The refunded amount will be the maximum amount credited to us.
- The processing fee for credits is CHF 80.00, unless expressly agreed otherwise. Costs for transportation, packaging, cleaning, etc., will be borne by the customer based on actual expenses.
End prices consumers include the currently applicable value-added tax. Prices are subject to change. Prices for commercial customers are exclusive of the currently applicable value-added tax. The calculation is based on prices valid on the day of delivery. The seller is entitled to adjust prices in the event of cost increases, exchange rate fluctuations, changes in freight tariffs, and other levies occurring after the conclusion of the contract.
VIII. Retention of Title
- Until complete payment of all claims arising from the business relationship, including all ancillary claims, and until the settlement of any account balance in favor of the buyer, the goods remain the property of the seller. If the reserved goods are sold by the buyer, the buyer hereby assigns his purchase price claim against his customers, which he is obliged to disclose upon request, to the seller in full.
- The buyer may not pledge or transfer the goods received under retention of title for security.
- The retention of title also remains in force if individual claims have been included in an ongoing account and the balance has been drawn and acknowledged. The buyer cannot acquire ownership of the goods by processing them into a new item; he processes them on behalf of the seller. The processed goods serve as security for the seller’s reservation of title. In the event of processing with foreign goods not owned by the buyer, the seller becomes a co-owner of the new items in proportion to the value of his goods to the foreign processed goods. The buyer must reserve the conditional ownership of the goods to his customers until they have fully paid the purchase price. All claims of the buyer arising from the resale of the reserved goods are assigned to the seller. The buyer is authorized to include the claims from the resale. Upon the seller’s request, the debtor must inform him of the assigned claims.
IX. Payment Terms
- The seller’s invoices are payable immediately without deduction. Payment must be made in cash, by bank or postal transfer, or by credit card. For a secure payment method for online purchases, use the payment methods offered during the ordering process. The seller is entitled to execute outstanding deliveries only against advance payment. If the advance payment is not made within a reasonable period, the seller is also entitled to withdraw from the contract.
- Default interest will be charged at a rate of 2% above the current discount rate of the Swiss National Bank.
- If the buyer is in default with payment, all claims become due immediately. The seller is then entitled to execute outstanding deliveries only against advance payment or provision of security. Furthermore, the seller is entitled to take possession of goods delivered under retention of title without automatically exercising the right to withdraw from the contract.
- Offset and retention rights based on counterclaims are excluded unless the counterclaims are acknowledged in writing or legally established.
X. Place of Performance, Jurisdiction
- The place of performance for all services arising from the contractual relationship is Aesch, the registered office of Kraske electronics AG.
- The jurisdiction for all disputes arising from this contractual relationship – including withdrawal – is Arlesheim, regardless of the dispute’s value.
- Should individual provisions of these terms and conditions – for any reason – not apply, the effectiveness of the remaining provisions shall not be affected.
- Buyer’s terms and conditions, even if communicated, apply only if explicitly confirmed in writing by the seller.
- The export of goods is subject to approval and governed by Swiss foreign trade law.
- Personal data received in connection with the business relationship will be processed by the seller in accordance with legal provisions.
- The buyer is required to store separately the goods delivered under retention of title, allow authorized representatives of the seller to inspect and reasonably examine the stocks, and, upon the seller’s request, promptly surrender the goods to the seller or its authorized representative if, in the seller’s opinion, the credit conditions for a credit grant do not seem suitable even after the conclusion of the contract.
All transactions are based on our current terms and conditions. Their acceptance is the basis for every delivery or service.Print This Page