BISCOM

International AG

Your Recycled Metal Products Sourcing Partner !

"We strive to ensure stable and reliable supplies of high quality products at the most attractive conditions for our customers"

 

 

 

 

 

Logistics Contact AGB

 

Zollikon, December 2012

General Conditions of Sale

 

1. All contracts and offers for the sale of goods are subject to these General Conditions of Sale. INCOTERMS, latest edition, shall apply in as far as they are not inconsistent with these General Conditions of Sale. Buyer's General Conditions of Purchase/Business shall not be applicable even if not explicitly rejected by Seller.

2. Only the content of written contracts shall be valid. Oral agreements or alterations to the contract are only valid if accepted in writing by both parties.

3. Unless otherwise expressly agreed upon, the invoices shall be based on the weight of the goods on loading. Seller is allowed to effect partial deliveries. Furthermore Seller is allowed to deliver plus/minus 10% of the contractual quantity.

4. Ownership of goods shall not pass to Buyer before Buyer has met in full all his obligations arising from his business relations with Seller. Buyer agrees that Seller can have his ownership of the goods registered in the competent register without any further declaration of Buyer.

5. Should doubts about Buyer's solvency or willingness to pay arise after the conclusion of the contract (such as, but not limited to, delay in payment, reduction/cancellation of credit lines by Credit Insurance etc.), Seller shall be entitled to refuse performance of the contract until payment has been made or security for the payment provided, or to terminate the contract without any compensation.

6. Prices are agreed in contracts and are quoted net. The invoiced amount shall be payable by Buyer without any deduction, set-off or counterclaim into the account specified on the respective invoice. Buyer shall bear all bank charges except those of Seller's bank. In case the Buyer is in default to pay, Biscom International AG will stop the next confirmed deliveries until settlement of the payment. Should there be reasons to doubt the solvency or credit standing of the Buyer, we reserve the right to demand securities or prepayment for any outstanding delivery or declare immediate maturity of all outstanding claims. Delivered goods shall fully remain our property until all receivables have been fully paid up.

7. Seller warrants that the goods furnished shall meet the producers' specifications. Any other warranty, either expressed or implied, is hereby excluded. Any technical or chemical specifications about the goods cannot be interpreted as a warranty for any quality or suitability for any particular purpose or otherwise.

8. Buyer shall control the goods immediately upon receipt. Notification of defects or of wrong deliveries or claims as to a deviation of quantity can only be considered if made within 15 (fifteen) working days after receipt of the goods and in any case before processing of the goods has begun. Complaints about goods delivered FOB or FAS must be made before goods are taken over at the quay or on the ship in the port of loading. Complaints regarding goods delivered CIF or CFR must be made within 21 days of arrival at the port of discharge.

9. In the event of a claim, Seller may appoint an independent surveyor (such as SGS), who's finding shall be binding on the parties. Buyer shall allow the persons identified by such surveyor appropriate access to the goods in question. In the event of a justified claim, Seller shall have the right to replace the material or to credit Buyer for the invoice value of the goods, which are the subject of the claim against return of the claimed goods.

10. In the event of a claim and/or breach of contract (whether or not due to negligence), it is agreed that the maximum damages recoverable shall be the contract price for the goods. Neither party shall be under any liability for indirect or consequential damages.

11. Any delivery time stated shall only be binding if expressly confirmed by Seller. The delivery time shall be deemed to have been observed if Seller has, within the delivery time, dispatched the goods or advised that they are ready for dispatch. In the event of a delay, a reasonable extension of a minimum of 2 weeks to deliver the goods has to be accepted by the Buyer, without the right to claim damages due to such delay. We reserve the right to partial deliveries.

12. Seller's obligations shall be subject to the absence of "force majeure" (as defined in ICC Publication 421). Furthermore Seller's obligations shall be subject to the absence of "force majeure" which would prevent Seller's supplier from meeting his contractual obligations towards Seller. In the event of accident, mechanical breakdown of facilities, fire, flood, strike, labor trouble, riot, revolt, war, acts of governmental authority, acts of God, or contingencies beyond the reasonable control of the party shall release the Seller from its obligations for the duration of the disturbance and to the extent of the effect this disturbance has. The Seller shall, to the extent reasonably expected of it, immediately provide the necessary information and adapt its obligations in good faith to the changed circumstances. Should the delivery have become impossible due to force majeure we reserve the right to partially or completely rescind the contract.

13. This Contract is neither transferable nor assignable by Buyer without Seller’s prior written consent. Amendments and additions to these Conditions are valid only if they are made in writing. If one or more provisions of these Conditions became wholly or partially invalid, the remaining provisions shall continue to apply. The contracting parties will agree upon alternative provisions to substitute invalid ones. Except as otherwise provided in these General Conditions of Sale, Swiss law shall apply with the exclusion of the UN convention on Contracts for the International Sale of Goods of 11 April 1980. The ordinary courts of Zurich shall have jurisdiction over any disputes arising out of, or in connection with orders and deliveries of goods of Biscom International AG.

14. At Seller's option all disputes hereunder shall be settled either before the ordinary Courts of the Canton of Zurich, Switzerland, or in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris, the seat of any arbitration being in Zurich

 

 

 

 

 


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