AGB

General terms and conditions

1. Scope of application

These general terms and conditions apply to the ordering and delivery of products of Marketingmaterial.ch, Binzmühlestrasse 45, 8050 Zurich, as well as to the provision of related services.

2 Offer and conclusion of contract

The validity of the offers is usually three months. This does not apply to major exchange rate fluctuations. All documents and samples submitted with the offer remain the property of Marketingmaterial.ch.

The contract between the customer and Marketingmaterial.ch shall be concluded with a written agreement. These general terms and conditions are thereby accepted by the customer.

3. Prices and terms of payment

The prices published in the catalogue are indicative prices excluding finishing (unless otherwise stated), transport costs and any other ancillary costs and are shown exclusive of VAT. Additional costs incurred by the customer will be invoiced to the customer separately. The customer is obliged to pay the invoice amount within 20 days of the invoice date, unless otherwise agreed. In the event of a delay on the part of the customer, the right to claim further damages plus interest on arrears is reserved.

4. Delivery

Delivery is usually ex works Wetzikon. We charge the costs for shipping, forwarding and transport insurance as a lump sum at the approximate cost price. The basis is the quantities or weights determined by us.

Marketingmaterial.ch shall be entitled to provide partial services.

If Marketingmaterial.ch is in default of delivery, the customer shall only be entitled to set a reasonable period of grace for delivery. If Marketingmaterial.ch does not deliver within this period of grace either, the customer may withdraw from the contract. Further claims of the customer arising from delay in delivery shall be excluded. Excluded from this right of withdrawal shall be delays in delivery due to unforeseeable, extraordinary circumstances or circumstances for which Marketingmaterial.ch is not responsible.

If the delivery date cannot be met due to conduct on the part of the customer, the customer shall reimburse Marketingmaterial.ch for all damage incurred by it as a result of the non-delivery.

5. Sample

Neutral (unprinted) samples can be ordered in connection with the preparation of an offer. These will be invoiced to the customer and credited again when an order is placed.

6. Excess or short deliveries

In the case of orders with printed articles or special productions, excess or short deliveries of up to 10% are customary in the industry and cannot be objected to. The quantity actually delivered shall be invoiced.

7. Transfer of risk

Benefit and risk shall pass to the customer as soon as the products have been handed over to the person carrying out the transport. Any assumption of the transport costs by Marketingmaterial.ch agreed in individual cases shall not affect the transfer of risk.

8. Print release (good to print)

Prior to the start of production, Marketingmaterial.ch shall provide the customer with a preliminary sample, a press proof, a proof or a stand sketch for print approval. During the print approval, the customer has the last opportunity to make corrections of any kind. If he finds no more errors, he declares the order ready for printing (approval for printing). The customer shall be fully liable for all errors not reported at the time of approval for printing.

9. Warranty

The customer shall inspect the products delivered by Marketingmaterial.ch within five days of receipt and notify Marketingmaterial.ch immediately in writing or by e-mail if he wishes to derive rights from defective performance of the contract. If the customer fails to notify Marketingmaterial.ch within this period, the products shall be deemed to be free of defects and the delivery shall be deemed to have been approved. Hidden defects must be notified immediately after discovery. Warranty claims for defects in the products shall expire one year after delivery to the customer, even if the customer discovers the defects at a later date.

Defective goods shall be replaced (replacement delivery) or repaired (rectification) by Marketingmaterial.ch at its own discretion. The customer shall not have the right to withdraw from the contract. Marketingmaterial.ch may, at its own discretion, grant a price reduction corresponding to the reduction in value instead of replacement or repair. If the manufacturer of the goods provides a guarantee, Marketingmaterial.ch may assign its claims against the manufacturer of the goods to the customer in the event of defective goods.

Excluded from any warranty are defects for which Marketingmaterial.ch is not responsible, in particular as a result of force majeure.

10. Liability

Any contractual and non-contractual liability of Marketingmaterial.ch towards the customer for direct and indirect damage, including but not limited to loss of profit, shall be excluded to the extent permitted by law.

In particular, the liability of Marketingmaterial.ch for auxiliary persons is also completely excluded (Art. 101 para. 2 OR).

11. Intellectual property

The customer expressly acknowledges that the intellectual property (in particular copyright, design, etc.) of all work results/products created by Marketingmaterial.ch within the scope of the order (incl. drafts, proposals, sketches, etc.) shall remain with Marketingmaterial.ch. This shall also apply to all variants not chosen by the customer. These shall remain the property of Marketingmaterial.ch and may not be used by the customer without prior written consent from Marketingmaterial.ch.

12. Applicable law and place of jurisdiction

These general terms and conditions as well as the contract between the customer and marketingmaterial.ch shall be governed by Swiss substantive law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contract and these general terms and conditions is Zurich.

Marketingmaterial.ch, 2020