General Terms and Conditions

The services offered by Swiss Hygienics ^® GmbH are subject to change. Insofar as individual agreements, individual terms of delivery and the following General Terms and Conditions of Sale and Delivery do not contain any deviating rules, the provisions of the Swiss Code of Obligations shall apply. The Vienna Sales Convention is excluded. By ordering or accepting the goods, the buyer agrees to the following terms and conditions. Deviating conditions of the buyer shall only apply with the express written consent of Swiss Hygienics ^® GmbH. Terms and conditions sent by the Buyer in orders or order confirmations are expressly not deemed to have been accepted by Swiss Hygienics ^® GmbH. Conflicting provisions in the General Terms and Conditions of Swiss Hygienics ^® GmbH and the buyer shall not prevent the validity of the contractual relationship.

If ICC INCOTERMS are used, the current official rules of application of the ICC (International Chamber of Commerce) shall apply as an integral part of the contractual relationship. Unless otherwise agreed or otherwise regulated by individual conditions, Swiss Hygienics ^® GmbH shall determine the mode of dispatch and forwarding of the goods, and the goods shall travel for the account and at the risk of the Buyer, even if forwarded carriage paid. Swiss Hygienics ^® GmbH shall not be liable for the acts and omissions of the carrier, its personnel or sub-carriers and any resulting damage to the goods or any other damage incurred by the Buyer. Unless otherwise agreed or otherwise regulated by individual conditions, Cham shall be the place of performance.

The agreed prices are based on the price quotations, exchange rates, freight, customs and insurance rates, import, export, transit and other charges valid at the time of conclusion of the transaction. Swiss Hygienics® GmbH therefore expressly reserves the right to invoice the buyer for all subsequent changes to the above-mentioned rates and charges. For shipments for which transportation on the Rhine is intended, open shipping is reserved; low water, high water and ice surcharges shall be borne by the Buyer.

The buyer is obliged to accept the delivery made in accordance with the contract as well as a partial delivery. Acceptance of the delivery may only be refused in the event of serious defects. In the event of default of acceptance, the risk shall in any case pass to the Buyer. Swiss Hygienics ^® GmbH therefore expressly reserves the right to invoice the buyer for all subsequent changes to the above-mentioned rates and charges. For shipments for which transportation on the Rhine is intended, open shipping is reserved; low water, high water and ice surcharges shall be borne by the Buyer.

In the event of defective delivery, the buyer shall be entitled to rectification or subsequent delivery. Cancellation and reduction are excluded. Any further warranty obligation, in particular liability for further damage, is excluded to the extent permitted by law.

The buyer must inspect the goods immediately upon receipt. Any complaints must be made immediately. If the buyer is unable to make an immediate complaint through no fault of his own, the complaint must be made within 8 days of receipt of the goods. Complaints must be made in writing and must include a detailed list of the defects claimed. Unless otherwise agreed or otherwise regulated by individual conditions, warranty claims shall expire within six months of receipt of the goods.

Products subject to low customs clearance (reverse goods) are subject to the regulations of the Federal Directorate General of Customs valid at the time of delivery with regard to use and resale. The buyer is liable for all consequences of a violation of these regulations as soon as he comes into possession of the goods.

If Swiss Hygienics ^® GmbH becomes aware of payment and liquidity problems of the buyer after the conclusion of the sale, it shall be entitled to demand security for the purchase price (payment guarantee / advance payment, etc.). This also applies before a delivery is made.

In addition, Swiss Hygienics ^® GmbH reserves the right to withdraw from the contract if the Buyer is in default of payment. This shall also apply after a delivery has been made.

Interest on arrears shall be owed on the purchase price due without reminder. This shall be calculated at the standard bank interest rate for unsecured overdrafts, but at least 5% p.a.

Swiss Hygienics ^® GmbH retains title to the delivery until the purchase price has been paid in full. It shall be entitled to have the retention of title entered in the retention of title register at the Buyer's registered office. To the extent permitted by law, this retention of title shall also extend to further processed goods.

The applicable law is Swiss law. The place of jurisdiction is the Canton of Zug.