General Terms and Conditions of Delivery

1. Prizes

All prices are net, excluding VAT, and include packaging ex works. Packaging will be charged to the customer at cost and is non-returnable.

2. Payment terms

Invoices from Santschi Maschinenservice Anstalt (hereinafter referred to as SMA) are always payable net within 30 days of the invoice date, unless otherwise agreed. Upon expiry of this due date, SMA is entitled to charge default interest of 6% without prior notice.

3. Retention of title

The purchased item remains the property of SMA until full payment has been received in accordance with the contract. Upon conclusion of the contract, the customer authorizes SMA to register the retention of title in the official register at their respective place of residence/registered office at the customer's expense and to complete all related formalities.

4. Transfer of benefits and risks, delivery

If shipment is delayed at the customer's request or for other reasons beyond SMA's control (see Article 5), the risk passes to the customer at the original delivery date ex works. From that point on, the goods will be stored and insured at the customer's expense and risk.

5. Delivery time

The delivery period is determined according to the circumstances existing at the time of the offer/order confirmation (in particular regarding the availability of materials, manufacturing, and delivery by third-party manufacturers). SMA makes every effort to meet the agreed delivery deadlines. Delivery delays and non-performance do not entitle the customer to claim damages or terminate the contract.

6. Inspection and acceptance of the purchased item, notification of defects

The customer must inspect the purchased item immediately upon receipt and report any defects in writing immediately, but no later than 8 days after delivery. Hidden defects must also be reported in writing immediately upon discovery, but no later than within the agreed warranty period. Immediately detectable defects must be officially certified by the recipient at the railway or post office before acceptance.

7. Warranty, Liability for Defects

The warranty period is 12 months. It begins when the purchased item leaves the factory. If shipment is delayed for reasons beyond SMA's control, the warranty period ends no later than 14 months after notification of readiness for shipment.
Machines or machine parts that demonstrably prove to be defective or unusable during the warranty period due to material or design flaws will be repaired or replaced free of charge by SMA at its discretion. Replaced parts become the property of SMA. Labor costs for repair or replacement are only free of charge if the machine is maintained by SMA and has not been previously disassembled by the customer.
The warranty period expires if the customer or third parties make improper modifications or repairs, or if, in the event of a defect, the customer does not immediately take all appropriate measures to mitigate damages and give SMA the opportunity to rectify the defect.
No warranty is given on used machines, consumables and parts!

8. Disclaimer

Any liability beyond the warranty obligations described in Article 7 is excluded. In particular, all claims for damages, price reduction, rescission, cancellation of the contract or withdrawal from the contract that are not expressly mentioned are excluded.
Under no circumstances shall the customer be entitled to compensation for damages that did not occur to the purchased item itself, such as, in particular, lost profits, loss of use, and other indirect or direct damages.
The customer's legally mandated rights in cases of unlawful intent or gross negligence on the part of SMA remain unaffected. This exclusion of liability also applies to unlawful intent or gross negligence on the part of auxiliary personnel. Any liability exceeding the warranty obligations described in Article 7 is excluded. In particular, all claims for damages, price reduction, rescission, cancellation, or withdrawal from the contract that are not expressly mentioned are excluded.
Under no circumstances shall the customer be entitled to compensation for damages that did not occur to the purchased item itself, such as, in particular, lost profits, loss of use, and other indirect or direct damages.
The customer's legally mandated rights in cases of unlawful intent or gross negligence on the part of SMA remain unaffected. However, this exclusion of liability also applies to unlawful intent or gross negligence on the part of auxiliary personnel.

9. Jurisdiction and applicable law

The exclusive place of jurisdiction for all disputes arising from this contract is,
FL – 9490 Vaduz