The present conditions of sale are deemed to have been accepted each time an order is placed. Any disposition on customer’s orders contrary to the present conditions is only valid if confirmed in our order acknowledgement. Our order acknowledgement is the only document that commits SATHOM to performance of the order, notwithstanding any verbal acceptance or commitments that may have been given by employees, agents or representatives of the company.
Unless otherwise stated, our prices are stated in Swiss Francs ex-works Waldenburg. Prices correspond to economic conditions prevailing at the date of order and are therefore subject to modification if economic conditions vary.
Invoices must be settled within the period stipulated on our order acknowledgement. Invoices are issued at the date of shipment of the goods or services or the date on which they are made available. Standard conditions are payment at 30 days net without discount by bank transfer. SATHOM shall be entitled, if payment is not made in full on the due date without proper justification, to suspend all future deliveries until payment is made. In this event, all amounts owing by the customer to SATHOM shall become payable immediately. Interest shall be levied on outstanding amounts at an annual rate of 8% after formal summons to pay.
Delivery dates given are indicative only. Unless otherwise agreed late delivery does not entitle the customer to cancel an order. Likewise, penalties shall not be charged unless this was specifically agreed upon when the order was placed.
In the event that SATHOM accepts cancellation or modification of an order on which work has already started, all the costs arising from the cancellation or modification must be borne by the customer (labour, parts, design, tooling, other related cost)
All study and development work carried out by SATHOM for the customer remains the intellectual property of SATHOM whether paid for by the customer or not. The customer shall not divulge technical information concerning the subject of such study and development work without the written consent of SATHOM.
Delivery is deemed to take place at our premises (ex works Waldenburg). Any claims concerning the quality of goods or services must be made at the time of delivery to the customer’s premises or removal from our premises in the case of a visible defect, or within 8 days there of for the case of other defects, notwithstanding that SATHOM may have chosen the transporter. It is customers’ responsibility to insure goods.
If delivery is conditional upon final inspection by the customer, this inspection must be performed within 15 days of the goods being made available. Any goods not inspected by this date are considered to have been accepted by the customer.
New production goods are covered by a warranty against faulty parts or manufacture for eighteen (18) months from date of delivery. Warranty only applies so long as the goods are used for the purposes for which they were intended. The Warranty covers replacement or repair of faulty goods, excluding those damaged by accident, faulty installation, insufficient maintenance or abnormal use.
The following Warranty shall apply for repair items:
Six (6) months from date of repair invoice. The warranty applies only to repair work carried out.
For recertification and testing only: no warranty is given.
Transport costs, as well as possible consequences of the fault, are not covered by warranty.
SATHOM can, in no way, be held responsible, for consequences arising directly or indirectly from the failure of goods supplied by it. No claim for damages in this respect will be accepted.
SATHOM will accept return of goods under warranty under the following conditions:
Goods remain the property of SATHOM until paid for in full by the customer. The customer undertakes not to dispose of the goods or to pledge them before they have been fully paid for. If the customer should refuse to return unpaid goods a Court judgment shall be sufficient to render the sale null and void. In this event any on account payments made by the customer shall be retained by SATHOM as damages. Notwithstanding the present article, all risks from the date of delivery, including those arising from transport of the goods shall be borne by customer who shall insure himself accordingly.
Any dispute, disagreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one (1) arbitrator in accordance with the said rules. Arbitration shall be held in Zurich, Switzerland. The proceedings shall be English or German as agreed between the Parties.
The rights and duties of both parties shall be governed by Swiss Law.