En

General Terms and Conditions

General Terms and Conditions (GTC) of InnoPlastics AG
Hörnlistrasse 1, CH-8360 Eschlikon valid from 11.04.2025

 

1. Scope

These General Terms and Conditions (GTCs) of InnoPlastics AG, Hörnlistrasse 1, 8360 Eschlikon (referred to hereinafter as the "Seller") shall become binding for the buyer as soon as an order is placed, either in writing or verbally, and shall apply to all deliveries made and services rendered by the Seller unless differing provisions are agreed in the quote issued by the Seller or in the written order confirmation. Differing terms and conditions, including but not limited to the buyer's general terms and conditions, shall only apply if the Seller explicitly accepts them in writing. The Seller shall be considered to be bound by contract as soon as the buyer receives a written order confirmation from the Seller or, if this does not happen, when the delivery is made or the service is rendered.

2. Definitions

  • "Seller": InnoPlastics AG, Hörnlistrasse 1, 8360 Eschlikon.
  • "Buyer": The natural person or legal entity that enters into contract negotiations with InnoPlastics AG and/or concludes a purchase contract.
  • "Delivery": Handover of the goods to the buyer in accordance with the agreed conditions.
  • "Ex works": The delivery condition according to which the risk passes to the buyer as soon as the goods are made available for collection by the buyer at the Seller's factory.

3. Quotes and prices

  • Validity of quotes: Quotes issued by InnoPlastics AG shall be valid for 30 days from their date of issue, unless a different period of validity is specified in the quote itself.
  • Prices: The confirmed prices do not include VAT, and are subject to any pricing changes at the time of delivery.

4. Contract conclusion and electronic communications

The contract shall be deemed to have been concluded when the Seller sends a written or electronic (email) order confirmation to the buyer after receiving an order.

5. Delivery and delivery deadlines

  • Collection and shipping: In cases of collection, the buyer must collect the goods within three days of being notified by the Seller. After that time, the goods shall be shipped at the buyer's risk and expense (the costs of packaging and transportation shall be charged to the buyer separately).
  • Delivery deadlines: Delivery deadlines are not binding, unless otherwise explicitly agreed in writing.
  • Late delivery and grace periods: If a delivery deadline is not met, the buyer may set a suitable grace period of at least 30 days. The buyer may withdraw from the contract once this grace period has expired. Any liability on the part of the Seller to pay compensation for damages is excluded.

6. Transfer of risk and place of fulfilment

  • Risk shall transfer to the buyer as soon as the goods are made available at the place of fulfilment (EXW Incoterms 2020).
  • The place of fulfilment for delivery obligations is InnoPlastics AG unless otherwise agreed in writing in accordance with the Incoterms (2020).

7. Reservation of title

The delivered goods shall remain the property of the Seller until payment is made in full. The buyer authorises the Seller to have the reservation of title for the goods delivered in accordance with the order confirmation entered into the title reservation register.

8. Terms and conditions of payment, interest on arrears and discounts

  • Due date: Unless otherwise agreed, the invoice amount shall be due for payment without deductions within 30 days of the invoice date. A discount may only be deducted if it has been explicitly agreed in writing.
  • Late payment and interest on arrears: In the event of late payment, interest of 5% p.a. shall be charged on arrears. The Seller may also charge a fee of CHF 30 for each payment reminder.
  • Credit checks and payment in advance: The Seller reserves the right to conduct a credit check and to demand payment in advance if the credit rating is inadequate.

9. Prohibition of offsetting and assignment

The buyer may only offset or assign claims with the Seller's written consent.

10. Warranty and liability

  • Duty to check and complain: The buyer must check the goods without delay following delivery, and complain about any defects immediately, with substantiation, in writing by means of a letter sent by registered mail. Otherwise, the goods shall be deemed to have been accepted, and any warranty claims or claims for damages shall be forfeited and excluded.
  • Period of limitation: The warranty period amounts to 60 days from the date when the goods are ready for collection or shipping.
  • Rights in the event of defects: In the event of defects, the buyer shall have the right to rectification free of charge, the delivery of replacement goods free of charge, or a suitable reduction in price, at the Seller's option. All other rights in the event of defects are explicitly excluded.
  • Liability: The Seller shall only be liable with respect to the buyer for damages resulting from gross negligence or wilful intent in connection with the delivery of products. Any more extensive contractual or extra-contractual liability, for example for direct or indirect consequential damages resulting from defects as well as lost earnings, is hereby excluded to the extent permitted by law. This exclusion of liability also applies to the Seller's contractual and extra-contractual liability in connection with damages that are attributable to actions or omissions on the part of the Seller's legal representatives, employees and auxiliaries, as well as those people's personal contractual and extra-contractual liability

11. Data protection

The Seller shall process the buyer's personal data in accordance with the applicable data protection regulations, including but not limited to the Swiss Data Protection Act (DPA) and the EU's General Data Protection Regulation (GDPR). You can find out more about the processing of data in the Seller's data protection regulations at privacy policy.

12. Seller's right of withdrawal

In the event of unusual circumstances that are not the fault of the Seller (e.g. force majeure such as all kinds of natural disasters, including but not limited to earthquakes, flooding, storms, as well as official directives, plagues (epidemics or pandemics), unrest, blockades, fire, war, terror attacks, officially confirmed terrorist threats, embargoes, hostage-taking, sabotage, strikes, restrictions on energy consumption, a general shortage of supplies), the Seller shall be entitled to withdraw from the contract at any time. Any liability on the part of the Seller to pay compensation for damages is excluded. 

13. Severability clause

If individual provisions of these GTCs are invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with an effective regulation that matches the economic purpose of the original provision as closely as possible. 

14. Place of jurisdiction and applicable law

  • Place of jurisdiction: The place of jurisdiction for all disputes arising from or in connection with the contract is Münchwilen, Switzerland. The Seller may, however, take legal action against the buyer before any ordinary court with jurisdiction over the buyer.
  • Applicable law: The legal relationship between the Seller and the buyer is governed by Swiss law, subject to the exclusion of the conflict-of-laws provisions of private international law (IPRG) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).