1 Applicability of the Conditions
The deliveries, services and offers from MAN WE NEED A CAM are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. By ordering the goods or service, these conditions are deemed to have been accepted. The buyer’s general terms and conditions of purchase are hereby contradicted. Deviations from these terms and conditions are only effective if we confirm them in writing.
2 Offer and conclusion of contract
- The offers from MAN WE NEED A CAM in price lists, advertisements and flyers are subject to change and non-binding. Orders are only binding for MAN WE NEED A CAM after written confirmation. Order confirmations are only issued upon express request.
- The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guide values and do not represent any guarantee of properties unless they are expressly designated as binding in writing.
- Most items come from sample collections and are marked with a Not for Resale label. These items are not serial productions. The items can show small irregularities or errors in processing and are not packed in original boxes. There is no return or exchange right on any of these items.
- If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation.
3 prizes
- The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks or errands, the daily price on the day of order applies.
- Unless otherwise agreed, the prices do not include transport costs.
- Small quantity surcharge: Orders under CHF 20.00 (by telephone and fax) are subject to a small quantity surcharge of CHF 10.00. There is no surcharge for small quantities for e-shop orders.
4 Delivery and performance time
- Appointments and delivery times are non-binding unless otherwise expressly agreed in writing. The specification of specific delivery periods and delivery dates by MAN WE NEED A CAM is subject to correct and timely delivery to MAN WE NEED A CAM by suppliers and manufacturers.
5 Default of Acceptance
- If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, MAN WE NEED A CAM can refuse to fulfill the contract and demand compensation for non-performance. MAN WE NEED A CAM is entitled to demand either a lump sum of 20% of the agreed purchase price or compensation for the damage actually incurred from the buyer as compensation.
6 Delivery
- Visible differences in quantity must be reported to MAN WE NEED A CAM and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 5 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the consignment.
7 Passing of Risk
- The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipment is delayed or becomes impossible through no fault of our own, risk passes to the buyer upon notification of readiness for shipment. If MAN WE NEED A CAM assumes the transport costs as agreed in individual cases, this has no influence on the transfer of risk.
8 Warranty
- The warranty in accordance with the following provisions is 1 year, unless otherwise expressly agreed in writing.
- The warranty period begins on the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or third-party intervention or the opening of devices. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights.
- Liability for normal wear and tear and wearing parts is excluded.
- Warranty claims against MAN WE NEED A CAM are only available to the direct purchaser and cannot be assigned.
9 returns
- For returns, we require that the defective item or device with the completed repair form and a copy of the invoice with which the item was delivered is sent or delivered to MAN WE NEED A CAM for repair. Deliverycosts has to be paid by costomer. The replacement of parts, assemblies or entire articles does not result in any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the items or devices to be repaired, the buyer must ensure that the data on them is backed up by copies, as these can be lost during repair work.
10 Retention of Title
- The delivered goods remain the property of MAN WE NEED A CAM until full payment has been made.
11 Payment
- Invoices are payable cash on delivery, cash or net within 10 days, depending on the agreement, unless otherwise agreed (new customers can only buy cash on delivery, bank transfer or cash payment). Delivery is always freight collect, i.e. at the expense of the buyer by Parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise.
- A payment is only deemed to have been made when we can dispose of the amount. Checks are only accepted on account of performance and only count as payment after they have been honoured.
- If the buyer is in default, we are entitled to charge interest of 10% from that point in time. During the delay, MAN WE NEED A CAM is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the lapse of the contract.
- All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular cessation of payments, pending settlement or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or only carry them out against advance payment or securities.
12 Limitation of Liability
- Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action is involved. Any liability for consequential damage resulting from the use of the products is rejected.
13 Copyright / Software Warranty
- Insofar as software is part of the scope of delivery, this is made available to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor make it available to others for use. Software is exempt from all warranty terms on forms. The provisions of the manufacturer’s license agreement apply exclusively.
14 Privacy Policy
- MAN WE NEED A CAM is entitled to process the data received about the buyer in relation to the business relationship or in connection with this, regardless of whether it originates from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.
15 Jurisdiction
- 2500 Biel/Bienne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Lengnau, December 16, 2022