TERMS AND CONDITIONS

General Terms and Conditions of Niafil AG sales partner of swissclamp connection technology for sale and delivery

Scope of application

Any conflicting general terms and conditions of the buyer that contradict our terms and conditions are invalid, even if they form the basis of the order and we do not expressly object to their content. Nor does the performance of the service by us constitute tacit acceptance of deviating terms and conditions. In case of doubt, acceptance of the goods delivered by us shall, at the latest, be deemed to constitute acceptance of our General Terms and Conditions. This shall also apply if the buyer excludes the validity of deviating terms and conditions in their own terms and conditions.

These General Terms and Conditions also apply to all subsequent transactions.

Amendments and additions to the contract and these terms and conditions shall only be valid if they have been confirmed by us in writing.

By placing an order via the webshop, by telephone or by email on the swissclamp website (Niafil AG), you agree to these terms and conditions.

Our team will be happy to advise you personally over the phone on selecting your products.

Contractual partner

swissclamp Connection technology (Niafil AG), Talstrasse 5, 8219 Trasadingen

Terms and Conditions of Sale/Validity

These terms and conditions of sale are valid with immediate effect and replace our previous terms and conditions. We reserve the right to make price changes due to changes in market conditions.

Orders

a) Orders placed with us are binding on the customer and shall only become legally valid for us upon dispatch of our written order confirmation or invoice, and only to the extent specified therein.

b) Force majeure, strikes, natural disasters, pandemics, customs clearance, transport restrictions and similar events release us from the contract.

Prices

The prices listed are in Swiss francs, excluding delivery. The statutory VAT of 8.1% is only included when the transaction is completed in the shopping basket. The prices listed are retail prices.

Our quotations are valid for 7 days from the date of issue. We reserve the right to prior sale and price changes. Any extraordinary increases in the prices of materials and raw materials will be passed on.

We offer special B2B terms for companies and resellers. Should you submit a purchase order for quantities outside the standard range, we will first provide you with a quote for the purchase of the desired goods on special terms.

Deliveries

The delivery area covers Switzerland and the Principality of Liechtenstein. 

You will usually receive the products you have ordered within 5 working days of receipt of payment (aluminium connectors have a longer delivery time). Should we be unable to deliver within this period, you will be notified. The delivery dates stated are approximate and non-binding for us. Accordingly, we cannot be held liable in any way for any damage or loss of profit arising from the delivery deadline being exceeded. The customer may only withdraw from the contract due to the delivery deadline being exceeded if they have themselves fulfilled all contractual obligations in a timely manner (provision of documents and approvals to be obtained by them, payment of the agreed sum, etc.) and a grace period of at least 3 months set for us has elapsed without result. The customer shall not be entitled to any claim for damages or compensation in this case either. We reserve the right to make partial and advance shipments. Please note: Transport damage must be reported within 3 business days of delivery.

Delivery charges

For deliveries within Switzerland and the Principality of Liechtenstein, costs vary depending on size and weight. 

Availability

Subject to prior sale. If items or products are out of stock, we will contact you immediately.

Applicable law and jurisdiction

Swiss law applies. The place of jurisdiction for all claims arising from the business relationship is 8219 Trasadingen.

Information

For further information, please contact us on 079 642 4327 or send us an email.

Data processing

All personal data collected on our website www.swissclamp.ch is used exclusively to provide you with the support and service you require. Niafil AG, as the operator of this website, guarantees that your details will be treated confidentially in accordance with the applicable data protection regulations.

Right of withdrawal. Swiss law does not provide for a cooling-off period or any other right of return for online trading once the order has been dispatched. Should a return be requested by the customer, we will contact you to find a mutually agreeable solution.

Warranty

In the event of material defects in the goods delivered or other services provided, we shall, at our discretion, either supply a replacement free of charge or repair the goods. The assignment of claims arising from defects in the purchased goods is excluded. Swissclamp Verbindungstechnik (Niafil AG) shall not be liable for damage that has not occurred to the delivery item itself; in particular, swissclamp Verbindungstechnik (Niafil AG) shall not be liable for loss of profit or other financial losses suffered by the customer. To the extent that the contractual liability of swissclamp Verbindungstechnik (Niafil AG) is excluded or limited, the same applies to the personal liability of its employees, representatives, and vicarious agents. The above limitation of liability does not apply if the damage is caused by intent or gross negligence or if personal injury has occurred. Where swissclamp Verbindungstechnik (Niafil AG) negligently breaches a material contractual obligation, liability for compensation for property damage is limited to the damage typically incurred. Defects must be reported in writing without delay; obvious defects must be reported in writing within one week of receipt of the delivery at the latest. Any warranty is excluded in the event of improper use. All pipe deliveries (made to measure or of the maximum length) are non-returnable.

The buyer is obliged to keep defective parts at our disposal until we have issued a statement regarding their further use and to send them to us at their own expense upon request. Otherwise, the warranty is excluded. In recognized warranty cases, defective parts become our property. Liability and warranty for any consequences arising from modifications or repair work carried out improperly by the buyer or third parties without our prior approval are excluded.

Complaints regarding partial deliveries do not entitle the buyer to refuse performance of the entire contract.

The warranty provisions apply accordingly if replacement parts or repair work subsequently prove to be defective. In such a case, however, our warranty obligation ends upon expiry of the warranty period for the original item purchased. Extended by the time taken to verify the existence and/or rectification of the defect.

Used items must be inspected and accepted on site prior to collection. If the buyer fails to inspect the goods, the delivery shall be deemed to have been fulfilled and accepted upon loading. No warranty is provided for used items, unless otherwise agreed in writing. In the event of an agreed refurbishment of used items, whether in whole or in part, we provide a warranty, to the exclusion of all further claims, only for the refurbished parts themselves and for the characteristics guaranteed in accordance with the agreement. The above provisions regarding the warranty for new purchases shall apply accordingly. The warranty obligation ends three months after delivery.

We accept no liability for claims by third parties arising from infringements of patents, utility models or trademarks caused by the goods delivered.

Payment

1a) The purchase price is due in full and without deduction upon receipt of the invoice (unless other payment terms have been agreed). If payment deadlines are exceeded, default interest at a rate of 8% above the applicable discount rate of the Swiss National Bank shall be deemed agreed. We are entitled to defer the fulfilment of our own obligations until full payment has been made. The place of payment is our registered office in Trasadingen. Payments must be made directly to us; our representatives are not authorised to accept payments. Payments made elsewhere without our consent do not discharge the customer from their debt. Where payment by instalments has been agreed, failure to meet a payment deadline shall result in the loss of the right to pay by instalments and thus in the immediate falling due of the entire outstanding invoice amount. Where the acceptance of bills of exchange has been agreed, these shall be accepted only on account of payment. Set-off against claims the customer may have against us is excluded. Incoming payments shall - notwithstanding any contrary instructions from the customer - always be applied first to interest, then to the principal; in the case of agreed instalment payments, to the instalment due the longest; and where there are several claims, to the claim due the longest.

1b) In the event of cancellation of the contract by the customer, we are entitled, upon acceptance of the cancellation, to claim either the damage suffered and loss of profit or a cancellation fee of 25% of the purchase price of the goods, including all ancillary costs.

Retention of title

1a) The goods remain our property until the purchase price, including any interest and collection costs, has been paid in full; in the case of payment by bill of exchange, until the bill has been honoured. During this period, the customer is not entitled to transfer ownership of the goods to a third party, to pledge them, to offer them as security or to dispose of them in any other way. The customer is obliged to notify us immediately by registered letter of any damage to the purchased goods, any attachment of the goods or any removal of the goods, and to take all necessary steps, as a diligent trader or custodian, to ensure that we suffer no loss of our property.

1b) To the extent that the customer sells goods subject to retention of title in the ordinary course of business, they irrevocably assign to us all claims and ancillary rights against third parties arising from such transactions. Upon request, the customer must inform us of their debtor and provide all information necessary for us to assert our claim, and must notify their debtor of the irrevocable assignment of the claim. Our customer is entitled and obliged to collect the claim arising from the resale on our behalf, provided that we do not exercise our right to direct collection.

Dispatch and transfer of risk

Shipment is at the buyer’s risk. For all deliveries, the risk passes to the buyer upon handover of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.

The buyer authorises us to insure each delivery against transport risks at their expense. We are under no obligation to do so. The buyer must report any transport damage, supported by the carrier’s certificate, immediately, and at the latest within 3 days of receipt of the delivery. In order to ascertain the extent of the transport damage, the buyer must provisionally accept the delivery despite any damage.

If dispatch is delayed at the buyer’s request, the buyer shall be charged, commencing one month after the goods are ready for dispatch, for the costs incurred by us for storage, but at least 0.5% of the invoice amount for each month or part thereof. We are entitled to insure the goods ready for dispatch at the buyer’s expense. This also applies if dispatch is delayed for reasons for which the buyer is responsible. We are also entitled, after setting and allowing a reasonable period to elapse without result, to dispose of the goods in question elsewhere and to supply the buyer within a reasonably extended period.

If shipment is delayed at the customer’s request or due to circumstances for which they are responsible, the risk shall pass to them from the date the goods are ready for shipment.

We may select the packaging and means of transport, excluding any liability, unless the buyer specifies otherwise in good time before the delivery deadline. Packaging materials will not be taken back.

The goods will be dispatched as soon as we have received your payment. Thank you very much.