GENERAL TERMS AND CONDITIONS OF BUSINESS, DELIVERY AND SALE

IPAF sells to the customer products and services which can be purchased via the online shop under the terms and conditions of delivery and sale specified below (GTCs). By placing an order, the customer acknowledges these GTCs.

The contract between the customer and IPAF first comes into effect when IPAF confirms an order from the customer. The customer places an order via the online shop.

IPAF accepts the order by:
(a) sending the customer an order confirmation (e-mail or letter) or
(b) delivering the goods ordered to the customer (incl. delivery note).

All prices stated in our price lists or online shop are in CHF (excl. VAT) and do not include shipping and customs clearance costs, or any possible fees. The customer must contact IPAF to calculate all delivery and customs clearance costs before placing an order.

The goods delivered shall be delivered within 1-3 working days if in stock. Late deliveries do not entitle the customer to claim compensation. Compensation is reserved to damage caused by IPAF either intentionally or through gross negligence.

IPAF assumes no liability for the fault of support staff and partners of IPAF (e.g. parcel services, couriers, logistics companies etc.).

IPAF will deliver unmixed pallets or orders over the value of CHF 300.00 free of charge (kerbside and /or valley station).

For smaller quantities (1 euro pallet 80 x 120 cm), the following charges (excl. VAT) will be made: CHF 65.00 (DS= German-speaking Switzerland) and CHF 75.00 (the rest of Switzerland, incl. Liechtenstein) per pallet; in the case of oversizes (1 euro pallet over 80 x 120 cm): a charge of CHF 95.00 (all of Switzerland + Liechtenstein) will be made.

We charge CHF 25.00 for shipments delivered to the customer via parcel logistics (dpd.ch).

Additional expenses for express shipping shall be invoiced. Without exception, goods are shipped at the customer’s own risk and expense, i.e. unless otherwise agreed, shipments are not covered by transport insurance. Risk is therefore transferred at the time when the ordered goods leave IPAF’s warehouse. IPAF assumes no liability for direct or indirect damage during transport, which may result in the ordered goods becoming defective.

Offers are non-binding, unless otherwise apparent from the offer. IPAF is not obligated to accept an order. If the quantities are subsequently changed, IPAF reserves the right to adjust the prices accordingly.

Each invoice must be paid 10 days net in the stated currency, i.e.: discounts for advance payments (cash discount) will not be accepted. Possible costs and fees which are charged by the bank for foreign exchange transactions are borne by the customer.

Euro pallets (EPAL), push-on frames and lids must be returned upon delivery. Any reusable equipment not returned will be charged. The relevant price list can be obtained from IPAF at any time and is binding for the customer in the version valid at that time.

Possible complaints regarding patent defects in the goods must be notified to IPAF in writing within 8 days of receipt (by letter or e-mail/fax). If the complaint is justified, i.e. if the goods actually have a defect at the time risk is transferred, IPAF shall elect to either deliver a replacement free of charge or credit the price invoiced against return of the goods under complaint. Further warranty claims and compensation for damages are excluded, unless IPAF acted wilfully or through gross negligence. IPAF's liability for auxiliary persons is completely excluded in all cases. The customer must check that the products are suitable for the intended purpose before ordering and before possible use. The customer explicitly assumes all risks associated with the use of the product and bears sole responsibility for possible damages arising from this. Furthermore, complaints after receipt of the order confirmation are to be submitted in writing within 5 days, otherwise the order will be recognised as binding. Latent defects, which arise within a maximum of two years from the transfer of risk, must be reported by the customer to IPAF in writing within 8 days of discovery. The conditions regarding patent defects apply mutatis mutandis.

Returns instigated by the customer shall only be accepted on the basis of prior, mutual agreement between IPAF and the customer and with a deduction of at least 10% of the invoice value. If the returned goods must be repaired or repackaged, an additional deduction will be made amounting to the costs incurred.

All deliveries are subject to retention of title in our favour until the fulfilment of all our claims against the buyer. The buyer is obliged to take any necessary measures to protect our property, in particular he/she agrees that we are entitled at any time to register the retention of title in the register at the buyer’s place of residence and at his/her expense, should this be required by the applicable law for validity of the retention of title.

These GTCs and the contracts which are concluded on the basis of these GTCs are subject to Swiss law. The conditions on the reservation of ownership, by contrast, are subject to the law applicable at the place of delivery (generally the registered office/domicile of the customer).
Basel is the exclusive court of jurisdiction. IPAF also has the right to sue the customer at his/her registered office/domicile. Other mandatory statutory jurisdictions remain explicitly reserved.

Basel, March 2019

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