GTC purcha­se

1. Preli­mi­na­ry note
The pre­sent Gene­ral Terms and Con­di­ti­ons of Purcha­se app­ly to all pro­cu­re­ments made by Micro­cut Ltd.

2. Order confirmation
The sup­plier must con­firm the order wit­hin 5 days in wri­ting or by pla­cing its com­pa­ny stamp and affi­xing its signa­tu­re on a copy of the order docu­ment. After the expi­ra­ti­on of this dead­line, the terms and con­di­ti­ons of the order shall be deemed as accep­ted by the supplier.

3. Deli­very
The sup­plier under­ta­kes to make avail­ab­le the goods to Micro­cut Ltd com­ple­te­ly with regard to both qua­li­ty and quan­ti­ty until a cer­tain day. This day shall be deemed as the deli­very date.
The deli­ve­r­ed quan­ti­ties must by all means be iden­ti­cal to tho­se quan­ti­ties spe­ci­fied in the purcha­se order. We reser­ve the right to refu­se over­de­li­ve­ries or to accept them with our express writ­ten appro­val only.
Deli­very times and dates accep­ted by the sup­plier must be strict­ly met.

4. Tan­gi­ble pro­per­ty and intel­lec­tu­al property
All plans, drawings, sket­ches, models, tech­ni­cal data and spe­ci­fi­ca­ti­ons, spe­ci­fic docu­ments, pro­duc­tion tools, tes­ting instru­ments, tools and machi­nes han­ded over for veri­fi­ca­ti­on pur­po­ses, and all other auxi­li­a­ry means han­ded over or paid to the sup­plier are and will remain exclu­si­ve pro­per­ty of Micro­cut Ltd. They may be used for the exe­cu­ti­on of orders of Micro­cut Ltd only and exclu­si­ve­ly and must be retur­ned to us on our request on the next working day. They may be des­troy­ed, han­ded over to third par­ties, used for fur­ther order exe­cu­ti­on or repro­du­ced or dupli­ca­ted with our writ­ten appro­val only. In his capa­ci­ty as kee­per of the­se items, the sup­plier shall be liable for any dama­ge, theft, disap­pearan­ce or for their com­ple­te or par­ti­al dest­ruc­tion. He must take out appro­pria­te insuran­ce poli­ci­es for pro­vi­ding cover for such dama­ge. The men­tio­ned items must be han­ded back to our com­pa­ny on our request in good and ful­ly ope­ra­tio­nal condition.

5. Con­fi­den­ti­al information
The sup­plier is obli­ged to tre­at con­fi­den­ti­al all infor­ma­ti­on han­ded over to him. He com­mits to take all necessa­ry mea­su­res pre­ven­ting the han­ding over or dis­clo­sure of infor­ma­ti­on recei­ved for exe­cu­ting an order. All plans, drawings, sket­ches, models, tech­ni­cal data and spe­ci­fi­ca­ti­ons, spe­cial docu­ments, pro­duc­tion tools, tes­ting instru­ments and all other auxi­li­a­ry means which were dis­c­lo­sed to the sup­plier or which have come to his know­ledge remain exclu­si­ve intel­lec­tu­al pro­per­ty of Micro­cut Ltd.

6. Con­for­mi­ty of the products
Neit­her the rece­i­pt of nor the pay­ment for the orde­red goods can be con­strued as accep­t­ance of the goods or as implied state­ment that the goods meet the reques­ted requi­re­ments and tech­ni­cal pro­per­ties. The non-con­for­mi­ty of goods may be sta­ted in the cour­se of their uti­liz­a­ti­on. The con­for­mi­ty of the goods may be veri­fied accord­ing to the ran­dom princip­le by sam­pling. The order may be can­cel­led in who­le or in part; other­wi­se the non-com­pli­ant goods must be repla­ced. Micro­cut Ltd is enti­t­led to reim­bur­se­ment of the can­cel­led goods and of the inci­den­tal costs.

7. Pri­ce
The pri­ces men­tio­ned in the order inclu­de all requi­re­ments and enti­t­le­ments except for value-added tax. The indi­ca­ted pri­ce is fixed, defi­ni­ti­ve and not ren­ego­tia­ble. If no pri­ces are indi­ca­ted in the order, the sup­plier is obli­ged to app­ly the pri­ces men­tio­ned in his cur­rent catalog.

8. Accom­pany­ing docu­ments as to the delivery
The sup­plier is obli­ged to attach a detail­ed deli­very note to the ship­ment, which con­tains the items men­tio­ned in the order and the order num­ber for making pos­si­ble cross-refe­ren­ces. Fur­ther­mo­re, all other docu­ments reques­ted by Micro­cut Ltd must be enc­lo­sed to the shipment.

9. Invoi­cing
The order num­ber, the refe­rence num­bers of Micro­cut Ltd and the supplier’s deli­very note num­ber must be indi­ca­ted in all invoices. Micro­cut Ltd reser­ves the right to refu­se invoices or the accep­t­ance of goods which were not ordered.
Fur­ther­mo­re, invoices made out by Swiss-based sup­pliers must inclu­de all requi­red infor­ma­ti­on accord­ing to the Swiss law on value-added tax.
Any objec­tion against invoice and sett­le­ment pri­ces, deli­ve­r­ed parts (quan­ti­ty and qua­li­ty) or ren­de­red ser­vices may lead to a debit ent­ry the amount of which will be sub­trac­ted in sub­se­quent payments.

10. Lia­bi­li­ty and Warranty
The sup­plier is liable wit­hin the frame­work of the gene­ral­ly app­li­ca­ble laws for pro­per exe­cu­ti­on of the pre­sent order and for all con­se­quen­ces pos­si­b­ly resul­ting from this. The rece­i­pt of sam­ples or designs and the pay­ment of invoices by the purcha­ser have no limi­t­ing effect on this lia­bi­li­ty. Micro­cut Ltd may refer to this lia­bi­li­ty even if the non-com­pli­an­ces or defects were not detec­ted in checks and beca­me evi­dent only at the time of com­mis­sio­ning or uti­liz­a­ti­on of the deli­ve­r­ed goods.

11. App­li­ca­ble law and place of jurisdiction
Swiss law is app­li­ca­ble to all legal dis­pu­tes bet­ween the par­ties and the ordi­na­ry courts of Len­gnau, Switz­er­land, shall be the place of jurisdiction.

Date: 01.01.2019