General Terms & Conditions
Monopol AG, 5442 Fislisbach, Switzerland
The General Terms & Conditions of Monopol AG are binding for orders received from customers either in writing or verbally and apply to all deliveries and services of Monopol AG, unless otherwise agreed upon in the offer or written order confirmation provided by Monopol AG. Any provisions to the contrary are valid only if accepted by Monopol AG in writing. The General Terms & Conditions become effective upon receipt by customer of the written order confirmation from Monopol AG or, if such is not received, upon delivery of order.
Scope and Execution of Deliveries and Services
If an order confirmation is provided by Monopol AG or if contractual documentation signed by both parties exists, scope and execution of deliveries and services will apply as conclusively described therein. Unless otherwise stipulated in the order confirmation or the contractual documentation signed by both parties, customer is solely responsible for the use of all goods supplied by Monopol AG, as well as items transferred for use, or services, namely including the interpretation of data which Monopol AG measures and discloses. Monopol AG does not bear responsibility for services relating to product launches or technical consultations unless provision of these services has been assured by Monopol AG in the written order confirmation or the contractual documentation signed by both parties. Moreover, the presence of or monitoring by Monopol staff at the building site/works without a specific written agreement does not constitute grounds for any claims by customer.
Orders for Color Shades
For repeat orders of the same shade, the number on the order or delivery note of the most recent delivery of that shade must be indicated. Color shade comparisons for the purpose of repeat orders should be made under the same conditions. Quantities of product with a color defect will only be replaced if they exceed the admissible tolerance range and if the shade was tested on the object before application, and if the defect was clearly the responsibility of Monopol AG. Costs for application or re-application incurred by the use of product with a color defect cannot be reimbursed if the shade was not tested beforehand – a procedure which is mandatory prior to use and which is the responsibility of customer and processor.
Excess or Short Deliveries, Partial Deliveries
Excess, short or partial deliveries for manufacturing or logistics reasons do not constitute a claim by the purchaser. Delivery may fall short of, or exceed, the quantity ordered and confirmed by 20% with orders up to 25 kg, and by 10% on orders of over 25 kg. With partial deliveries, Monopol AG will assume the transport costs of the outstanding quantity.
Conditions of Delivery and Prices
Monopol AG generally makes all deliveries to the customer, or third party named by customer, on a daily basis depending on the region. Time restrictions cannot be guaranteed. The cost of special deliveries will be charged to the customer. All prices are quoted in Swiss francs (CHF) excluding VAT, VOC levies and transport costs. The right to make price changes is expressly reserved. Payment is due within 30 days from date of invoice without deduction of discount, expenses, taxes or fees. Any notification of defects does not absolve from adherence to delivery and payment conditions.
Shipment and Transport Costs
Orders for goods above CHF 1000 (excl. VOC levy and VAT) are delivered within Switzerland on a CIP basis (Inco terms 2010). Express delivery costs are always charged to the recipient. Claims for transport damage (shortages, breakages, etc.) should be made by the recipient to the relevant transport company. With franco deliveries an HVF transport cost portion will be charged based on the gross weight.
In line with the applicable legal conditions, Monopol AG guarantees the correct composition of the products delivered and that they are appropriate for the purposes confirmed in writing – provided the application and safety guidelines in the Technical Data Sheets and Safety Data Sheets are adhered to – whereby liability is excluded in all cases of ordinary negligence. No further liability will be assumed, particularly with regard to work performed using the paints supplied, since Monopol AG has no influence over the level of skills used in processing. Claims for immediately recognizable defects can only be made before mixing and use of product and no later than 8 days after receipt of goods. All events and circumstances beyond the influence and control of Monopol AG do not constitute liability and release Monopol AG from the delivery commitment.
Return of Containers
Pails and cans are disposable containers and cannot be returned. Thinner drums are also disposable – returns will be subject to transport and disposal charges. Paint drums are levied with a rental charge which will be partially reimbursed upon return. Euro palettes, palette frames and containers are the property of Monopol AG. If these are not returned in full upon delivery, the relevant amount will be charged.
Return of Goods
Monopol AG will accept returned goods subject to prior agreement and original packaging in perfect condition franco Fislisbach. Opened containers, special products, products with limited shelf life, and individual components from multi-component products cannot be returned. The value of the returns will be calculated on the basis of the value of goods minus the loss in value. Any costs for disposal will be charged to the customer. Transport companies may not load any goods without relevant declarations and accompanying documentation.
Court of Jurisdiction and Applicable Law
Court of jurisdiction for both parties is 5400 Baden (Switzerland). The legal relationship is subject to Swiss Law excluding the UN Convention on Contracts for the International Sale of Goods of 11.04.1980.
Monopol AG, July 2013