Terms and Conditions

(1) These Terms and Conditions apply exclusively to all deliveries and services of Schärer + Kunz AG (hereinafter referred to as S+K) in the version valid at the time of the order, regardless of the chosen ordering method (telephone, fax, email, or webshop). The currently valid version can be requested from S+K at any time. The customer acknowledges this upon placing an order or accepting delivery. These Terms and Conditions also apply to all future legal transactions between the customer and S+K.

(2) The validity of deviating or supplementary terms and conditions is excluded, even if S+K does not expressly object to them. Orders placed by the customer with reference to its own terms and conditions do not affect the customer's terms and conditions with S+K.

(3) Any agreements deviating from these Terms and Conditions must be in writing to be effective.

(4) These Terms and Conditions apply equally to all types of transactions, including orders placed via S+K’s web shops, unless special provisions apply only to web orders in individual cases.

§ 2 Conclusion of contract

(1) All catalogue or web shop offers are subject to change and do not constitute binding offers from S+K.

(2) A purchase contract is only concluded through a written order confirmation or corresponding email, or through the implied delivery of the goods. The contracting parties are S+K and the named purchaser, and if applicable, the invoice recipient. Order confirmations sent by S+K (unlike order confirmations) do not constitute acceptance in the sense of sales law, but are intended only to inform the purchaser that their order has been received by S+K. A binding offer is made by the purchaser based on their order. Verbal agreements or commitments require written confirmation by S+K to be effective.

(3) S+K is entitled to refuse acceptance of the order – for example, after checking the creditworthiness of the customer.

(4) S+K reserves the right to change product availability, product changes due to technical developments, model changes, and any printing/pricing errors. For printing reasons, colors in the catalog/webshop may differ from the original RAL colors. In particular, S+K reserves the right not to provide the service if the product is unavailable and to refund the purchase price.

§ 3 Delivery and performance deadlines

(1) The delivery and service deadlines stated in the catalog and the webshop apply. The catalog provides the average delivery dates based on experience at the time of printing. Minor deviations are possible. For custom-made products, however, these deadlines only apply if the customer has provided all information and documentation necessary for delivery in a timely manner. The delivery dates indicated in the webshop are subject to availability.

(2) Section 190 of the Swiss Code of Obligations (OR) applies to agreed deadlines. For additional or extended orders placed later, the deadlines are extended accordingly. Saturdays, Sundays, and public holidays are not taken into account when calculating delivery times. For initial orders, the delivery time may be slightly extended due to credit checks. Delivery days are working days. The delivery deadline is met if the goods are handed over to the carrier on time.

(3) Unforeseeable, unavoidable events beyond S+K's control and for which S+K is not responsible, such as force majeure, war, natural disasters, and industrial disputes, shall release S+K from its obligation to deliver or perform on time for the duration of the event. Such disruptions shall not be to the detriment of S+K, even if they occur at suppliers or their subcontractors. Agreed deadlines shall be extended by the duration of the disruption; the customer shall be notified of the onset of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than two months, either party shall be entitled to withdraw from the contract. If deliveries by S+K are delayed, the customer shall only be entitled to withdraw if S+K is responsible for the delay and a deadline for delivery set by the customer has expired without success.

§ 4 Pricing

(1) The prices applicable for the current fiscal year and those listed in the annual catalog or the online shops apply. Prices are subject to change during the catalog period (including changes to the customer's benefit). Therefore, only the prices stated in the order confirmation apply.

(2) Unless otherwise agreed in writing, the prices quoted are ex works, excluding postage, packaging, and any customs duties, plus VAT at the applicable rate. Furthermore, the prices refer to the unit of quantity printed in the catalog. Prices for different units of quantity require written confirmation from S+K.

(3) Decorative materials used in the illustrations are not included in the price.

(4) There is no minimum order value or small quantity surcharge.

§ 5 Quantity deviations

For custom-made products and customized labels (signs, labels, etc.), S+K reserves the right to deliver up to 10% more or less than the agreed delivery date. This does not constitute a claim for invoice reduction or subsequent delivery.

§ 6 Packaging and shipping costs

(1) Packaging and shipping costs will be charged according to actual costs.

§ 7 Packaging and transport

(1) All orders shall be handed over to the carrier in secure transport packaging.

(2) S+K reserves the right to make partial deliveries if it is expedient for speedy processing. To ensure that the customer receives their goods as quickly as possible, this applies in particular in cases where delivery times for different products differ significantly or if the shipments are made from different production/warehouse units.

§ 8 Transfer of risk

(1) The risk shall pass to the customer upon handover of the delivery item to the customer. If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover of the ordered goods to the carrier (parcel service, post office, or freight forwarder), at the latest upon leaving the factory/warehouse.

(2) Upon notification of readiness for shipment – ​​but no later than three days after the corresponding notification to the customer – the risk of loss shall pass to the customer. This shall not apply in the case of intentional or grossly negligent conduct on the part of S+K.

(3) This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.

§ 9 Terms of payment

(1) All invoices are payable net and free of charge within 30 days of the invoice date. Payments by the customer are only deemed to have been made when S+K has access to the amount.

(2) If the Customer defaults on payment, S+K shall be entitled to demand default interest at the statutory rate. The right to assert further claims for damages caused by default remains unaffected.

(3) Set-off or withholding of payments due to counterclaims disputed by S+K and not legally established is not possible.

(4) S+K reserves the right to offset payments made by the customer. In particular, S+K is free to offset payments made against older claims.

(5) If S+K becomes aware of the risk of the Customer's inability to perform after the conclusion of the contract, S+K shall be entitled to carry out any outstanding deliveries only against advance payment or the provision of security. If the advance payments or security are not made even after the expiration of a reasonable grace period, S+K may withdraw from individual or all of the affected contracts, in whole or in part. S+K remains free to assert further rights.

§ 10 Retention of title

(1) S+K reserves title to the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if S+K does not always expressly invoke this. S+K is entitled to take back the purchased item if the customer breaches the contract, in particular if the customer fails to meet its payment obligations on time. The customer is not entitled to pledge the delivery items subject to retention of title ("Reserved Products"), to assign them as security, or to make any other dispositions that could jeopardize S+K's ownership.

(2) The purchaser is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns the claim from the resale to S+K; S+K hereby accepts the assignment. The purchaser is obligated to treat the purchased item with care until ownership has been transferred to him.

(3) Should the Purchaser process the reserved goods, this shall always be done for S+K as manufacturer, but without incurring any obligations for S+K. If S+K's ownership is thereby lost, co-ownership shall be transferred to S+K instead.

§ 11 Warranty, notification of defects and compensation

(1) S+K warrants all products offered in this catalog or in the webshop for a period of 24 months from delivery against defects in material and workmanship. This warranty does not, however, cover wear and tear, unsuitable or improper use, or faulty assembly by the customer or third parties. This warranty is determined exclusively by the specific written agreements between the parties regarding the properties, characteristics, and performance characteristics of the delivery item, in accordance with OR210 and 371.

(2) S+K warrants that the delivery item will meet the agreed quality upon transfer of risk. Product descriptions regarding the quality of the delivery item in brochures, catalogs, and online shops are in no way to be understood as guarantees for a particular quality of the delivery item; such quality guarantees must be expressly agreed in writing.

(3) The purchaser’s warranty rights presuppose that the purchaser has properly fulfilled its obligations to inspect and give notice of defects under the Swiss Code of Obligations.

(4) Claims for defects shall expire 24 months after delivery of the goods supplied by S+K to the Purchaser.

(5) In the event of a justified and timely notification of defects, S+K shall remedy the defect either by eliminating the defect or by delivering a replacement item or part thereof that is free from defects (“subsequent performance”).

(6) However, S+K is not obligated to provide replacement deliveries if the customer has tampered with the product itself, making it difficult to restore it to a defect-free condition. If this remedy fails within a period to be set by the customer, a reasonable reduction in the price (abatement) may be demanded or the contract may be withdrawn.

(7) In the event of any notification of defects, S+K shall be entitled to inspect and examine the defective delivery item. The Purchaser shall grant S+K the necessary time and opportunity to do so. S+K may also require the Purchaser to return the defective delivery item to S+K at S+K's expense. S+K's consent must be obtained before any unsolicited return of the goods by S+K.

(8) Warranty claims against S+K are only available directly to the customer and are not transferable.

(9) Delivery items replaced by S+K shall be returned to S+K upon request.

(10) In the event of transport damage, the Purchaser must assert any claims directly against the carrier and inform S+K at the same time.

§ 12 Damages

(1) Claims for damages against S+K can only be accepted in cases of intent, gross negligence, culpable breach of a material contractual obligation, and non-compliance with an expressly granted guarantee. Except in cases of intentional breaches of duty, S+K's liability is limited to foreseeable, typically occurring damages.

§ 13 Right of return

(1) If the purchaser does not wish to retain a delivered item, he or she must notify S+K in writing within 30 days of delivery, stating the reasons. S+K will then arrange for the return and cancellation of the corresponding invoice items by issuing a credit note.

(2) This right of return can only be granted if the goods are received by S+K without signs of use, in their original packaging, and within a reasonable time. The risk and costs of return transport shall be borne by the purchaser.

(3) The right of return does not apply to special purchases outside the catalogue range, to custom-made products and to goods for which special prices (e.g. quantity discounts) have been granted.

§ 14 Right of withdrawal of the purchaser in case of impossibility and delay in delivery

(1) The customer may withdraw from the contract if S+K is unable to perform the entire service before the transfer of risk. The same applies in the event of S+K's inability to perform. In the case of partial performance, the customer may only withdraw from the contract to the extent that S+K is unable to perform.

(2) If S+K is in default and the performance owed is not provided despite setting a grace period and the threat of non-acceptance of the goods, the Purchaser shall also be entitled to withdraw from the contract.

(3) Furthermore, any further claims for compensation by the customer as well as rights of termination and withdrawal are excluded to the extent permitted by law.

§ 15 Industrial property rights

If the customer specifies how S+K is to manufacture the products to be delivered through specific instructions, information, documents, drafts, or drawings, the customer guarantees that S+K will not infringe the rights of third parties, such as patents, utility models, and other intellectual property rights and copyrights. The customer indemnifies S+K against all claims asserted by third parties against S+K due to such infringement.

§ 16 Law and Jurisdiction

Swiss law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The place of jurisdiction for all legal disputes arising from contractual relationships with merchants within the meaning of the law is Zurich.

§ 17 Storage and processing of data

S+K stores customer data electronically exclusively for the purpose of processing orders and for its own advertising campaigns. All customer data is stored and processed by S+K in compliance with applicable data protection law regulations. The customer has the right to request information, correction, blocking, and deletion of their stored data free of charge at any time. S+K does not disclose company or personal data to third parties without express and revocable consent.

§ 18 Legal validity (severability clause)

Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the validity of the entire legal transaction.