These general terms and conditions ("GTC") regulate the legal relationship between ADZ GmbH ("seller") and its customers for all contracts for deliveries and other services from the seller to the customer. The General Terms and Conditions apply in the version valid at the time the customer places the order. The customer accepts these general terms and conditions for telephone, written and fax orders with his order. Provisions that conflict with these general terms and conditions or the customer's general terms and conditions of business or purchase are not recognized, even if the seller does not expressly object to them.

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offer

Offers from im ADZ GmbH on their website, in catalogues, gazettes, flyers etc. are non-binding and subject to change. The offers are aimed exclusively at customers, commercial (B2B) and private customers (B2C) and in Switzerland and the Principality of Liechtenstein. Product information such as technical data, illustrations, compatibility assurances are based on manufacturer information and are non-binding; Errors and misprints remain reserved.

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conclusion of contract

By sending his order by post, fax or e-mail or within the e-shop on the seller's website or by telephone order, the customer submits a legally binding offer to conclude a contract. The contract is concluded when the seller accepts this offer by confirming the order or by making the goods available for delivery.

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contract customers

All contract customers who have made special, contractual and therefore binding agreements with ADZ GmbH enjoy price advantages, which commit to a jointly agreed minimum purchase. Should a contract customer wish to withdraw from the agreed contract prematurely or not achieve the agreed sales/turnover, 50% of the sales and turnover figures agreed in the contract will be invoiced as exit compensation. This regulation only applies to contract customers and without exception.

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Prices

All prices are given in Swiss francs (CHF) excluding VAT and already include any advance recycling fees (ARF). Promotional prices are only valid for the specified period. If goods at a promotional price are ordered with advance payment, the price shall be determined by the price valid at the time of payment, in the event that the advance payment is made after the validity of the promotional price.

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payment

Invoices are payable net within 30 days of the invoice date. In the event of default in payment, the seller is entitled to cancel subsequent orders from the buyer and to charge the customer for any reminder and/or operating costs, as well as any default interest. The reminder fee is CHF 20.00. The seller reserves the right to carry out orders from new customers and larger orders from existing customers only against cash on delivery or prepayment. Customers with an annual turnover of more than CHF 5,000 can apply for delivery against a monthly invoice. However, the seller reserves the right to reject such applications without giving reasons or to revoke them in the event of default in payment. Set-offs are only possible with claims that have been acknowledged in writing or have been legally assessed. The delivered goods remain the property of the seller until full payment has been made. The seller is entitled to make a corresponding entry in the retention of title register. The customer gives his consent to this when he places his order. If the customer defaults on the payment of the purchase price, the seller is entitled to withdraw from the contract and take possession of the goods. In this case, the customer gives his consent to the removal of the goods when ordering.

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Advance payment

If the creditworthiness of the customer is not guaranteed after the check, deliveries are made either against prepayment or cash on delivery.

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Credit

Credits granted by ADZ GmbH can only be offset against claims of ADZ GmbH. A payout is excluded. Credits can be linked to conditions such as minimum sales or purchase quantities. If the customer does not meet these conditions, no offsetting will be made.

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retention of title

The delivered goods expressly remain the property of ADZ GmbH until the invoice amount has been paid in full.

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guarantee

The customer must report obvious defects to the seller at the latest within 5 working days (receipt by the seller) after receipt of the delivery. Hidden defects that are discovered later must be reported immediately after discovery during the warranty period. Unless otherwise agreed, the warranty period for hidden defects is 24 months from the delivery date. During the warranty period, you will only ever receive a credit note corresponding to the current value if you exchange and/or replace the purchased products. The costs for external service technicians, which are organized by the customer without consulting ADZ GmbH, will not be reimbursed. The defective goods must always be sent back to the following address with a copy of the invoice and a detailed description of the fault/report: ADZ GmbH, Mülhauserstrasse 115, CH-4056 Basel

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name protection

ADZ GmbH is a name entered in the commercial register and is therefore the property of the seller. The use of this name by customers and third parties for their own purposes is prohibited under applicable law.

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place of jurisdiction

All obligations arising from this contractual relationship are subject to substantive Swiss law to the exclusion of the UN Convention on the International Sale of Goods (CISG). The exclusive place of jurisdiction is Basel-Stadt.

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Final Provisions

Should a provision in these GTC or another contractual agreement be or become invalid, this shall not affect the validity of the remaining provisions of the GTC or the contract as a whole.

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Changes to the Terms and Conditions

We reserve the right to make changes to the content and scope of these GTC at any time. They are brought to the attention of the buyer by publication or by e-mail. © 03.02.2022 ADZ GmbH

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