General terms and conditions of business

1. General conditions:

The terms and conditions of Santschi Maschinenservice Anstalt and Santschi Maschinenservice GmbH (hereinafter referred to as Santschi Maschinenservice) apply if the parties expressly or implicitly acknowledge them. Amendments and supplementary agreements are only valid if confirmed in writing by Santschi Maschinenservice Anstalt.

2. Offers:

Our offers are valid for a limited time, either according to legal regulations or as specifically stated in the offer (maximum 4 months). Documents provided, such as brochures, data sheets, diagrams, drawings, and information on dimensions and weights, are non-binding. We reserve the right to make changes to the products we offer due to technical advancements, without the customer being able to derive any rights therefrom. Enclosed documents such as drawings, designs, diagrams, cost estimates, etc., remain our property and may not be made accessible to third parties. These documents must be returned to us upon request.

3. Prices and payment terms:

Unless otherwise agreed, prices are quoted in Swiss francs ex works, excluding VAT, freight, insurance, packaging, installation, commissioning, training, and user support. Prices are not binding for repeat orders. Santschi Maschinenservice reserves the right to change printed price lists and catalogs. A small order surcharge of CHF 50 will be applied to orders under CHF 100. Unless otherwise agreed, all invoices are due for payment within thirty days of the invoice date. If the customer defaults on any payment obligation, all outstanding claims become due immediately. In the event of repeated payment defaults, we reserve the right to deliver only against cash on delivery or prepayment, or in exceptional cases, to suspend deliveries (the decision rests solely with us). The customer may only offset counterclaims, even if they arise from the same contract or its rescission, with the written consent of Santschi Maschinenservice or upon the existence of a legally binding court judgment.

4. Delivery times:

We strive to meet the delivery deadlines we have quoted, even in the event of unforeseen difficulties. A delay in delivery does not entitle the customer to withdraw from the contract. If we are prevented from fulfilling our obligations on time due to unforeseen events affecting us or our suppliers, which we cannot avert even with the due diligence reasonable under the circumstances (e.g., war, natural disasters, accidents, strikes), the delivery period will be extended by the duration of the impediment plus a reasonable restart period. Adherence to the delivery deadlines also requires that the customer provide all necessary information regarding order specifications in a timely manner.

5. Shipping:

Unless otherwise agreed, packaging and shipping will be at our discretion. Risk passes to the buyer upon dispatch.

6. Warranty (Guarantee):

Santschi Maschinenservice guarantees that the products will be delivered in working order. Our warranty extends from the date of delivery or completion of installation to all defects that may occur within one year and that are demonstrably caused by material defects or faulty workmanship. However, our warranty is limited, at our discretion, to the replacement or repair of the defective products/components or to reimbursement of the invoiced value of the products/components that are not replaced. Claims for damages for direct or indirect consequential losses are excluded. Our warranty obligation expires if any modifications or alterations are made to items supplied by us without our written consent.

7. Complaints (notices of defects):

The customer or buyer must notify us of any apparent defects within eight days of receiving the delivery. If hidden defects only become apparent later, notification must be given within the same period after discovery, but no later than before the warranty period expires. If such notifications are omitted, the delivery is considered approved. Defects must be reported to us in writing. Shipments with any transport damage must be accepted conditionally and reported immediately to the carrier in question for documentation and to protect all rights. Complaints regarding partial deliveries do not entitle the customer to refuse the remaining delivery.
Santschi Machine Service Establishment
Rüfestrasse 5 FL-9486 Schaanwald

Santschi Maschinenservice GmbH
Widdermoos 3 CH-9466 Sennwald

8. Assembly and installation:

If a system is to be assembled or installed by us, the customer is responsible for ensuring that all necessary preparatory work is carried out so that the assembly or installation work can begin without hindrance. The customer will also provide the necessary auxiliary personnel for the assembly or installation in a timely manner and at their own expense.

9. Repairs:

All repairs are carried out at our premises or at our supplier's facilities. Each device must be labeled with the company address and a description of the complaint. If the buyer does not request a cost estimate, the repair will be carried out entirely at their expense.

10. Order cancellation:

Confirmed orders can only be cancelled with our consent and if the customer agrees to a cancellation fee of 30% of the purchase price. If parts of an order are cancelled, the customer will also be charged the price difference resulting from the reduced quantity received, with a minimum charge of CHF 50. Returns of delivered equipment will be accepted at our discretion only if the equipment is in mint condition, still in its original packaging, and if the return has been agreed upon with us in writing beforehand. In such cases, we reserve the right to credit a maximum of 80% of the invoiced purchase price for standard equipment in absolutely mint condition. Rare items that were manufactured to order or ordered from one of our supplying factories cannot be returned, even if they are listed in the catalog. The decision as to whether a device is considered rare or rare rests solely with us.

11. Resale:

Unless otherwise agreed by the parties or the nature of the transaction, the customer may resell the products, whether unchanged or modified. However, the customer must ensure that all obligations arising from software licenses, confidentiality agreements, and any re-export licensing requirements are transferred to the respective suppliers.

12. Retention of title:

We retain title to all sold products until full payment of the purchase price has been received and are entitled to register a corresponding entry in the relevant retention of title register.

13. Choice of law and jurisdiction:

This legal relationship is governed by Liechtenstein law. The place of jurisdiction is the registered office of Santschi Maschinenservice. However, Santschi Maschinenservice reserves the right to also bring legal action before the court at the customer's place of business.

14. Final provision:

Should individual provisions of these terms and conditions become wholly or partially invalid, the remaining provisions shall remain unaffected.