For our offers and order confirmations, the following terms and conditions apply unless otherwise agreed with you in writing. All verbal and telephonic agreements must, in order to be binding, be confirmed in writing. General terms and conditions of the customer, which contradict our general terms of delivery, will only become an integral part of the contract, if we accept these ordering terms in writing.

1. Offers, order accepptance
Our offers are non-binding. Liabilities arise for us only with our written order confirmation. A deviation of +/- 10% relative to the order quantity remains reserved and will be taken into account in the settlement. Unless otherwise stated in writing, prices in quotations are valid for 3 months.

2. Prices
Our prices are binding in relation to the expressly listed quantities and the type of execution. Additional deliveries as well as subsequent changes requested by the customer will be charged extra. Unless otherwise agreed in writing, all prices are net and exclusive of VAT.

3. Order
With your order, we will receive the detailed drawings or corresponding documents.

4. Terms of payment
The place of performance is Gontenschwil. Payments must be made within 30 days without any deductions unless a specific agreement has been made in writing.

5. Delivery period
The delivery period is calculated from our order confirmation, if necessary from receipt of all information and documents necessary for the execution of the order or with your last change. For the adherence to the delivery time we are as well as possible worried, after all without any liability for possibly still occurring delays and their consequences. Exceeding the delivery period does not entitle the purchaser to cancel the order or to claim damages from us.

6. Shipping
Transport is always at the risk of the recipient, even if the delivery has been agreed.

7. Model and mold costs
Molds and tools remain our property in proportion. The purchaser can not demand the return of the same even if he has been charged for a share of the tooling costs.

8. Packaging
Pallets and plug-on frames as well as reusable packaging provided by us must be returned to us immediately, otherwise we will have to charge them.

9. Warranty
Complaints are only considered within 14 days of receipt of the goods. If a material or work error is proven, we reserve the right to substitute delivery. On the other hand, claims for damages of any kind, such as fees, wages, consequential damages, penalties, etc., are excluded. Each return of material is a delivery note stating when and with which invoice number the returned goods have been delivered as well as a written justification of the return of goods.

10. Property rights
We reject any responsibility for the infringement of any property rights and resulting claims of third parties for drawings and models, which were given to us as documents for the production.

11. Applicable law, place of fulfillment / place of jurisdiction
Swiss law is applicable to every delivery, excluding the Vienna Agreement on International Purchase. Place of fulfillment and jurisdiction for all obligations arising from the delivery contract and these terms and conditions is Gontenschwil.

12. Retension of property
The goods remain the property of Emaform AG until full payment has been received. Emaform AG is entitled to register a reservation of title for the goods delivered to the buyer, whereby the buyer is obliged to participate in the registration, if this is necessary.

Emaform AG 01.01.2013, 5728 Gontenschwil