Terms and Conditions

General Terms and Conditions of Sale and Delivery for Lenorplastics AG and Lenorplastics Zug AG

  1. Validity
    These terms and conditions apply to all sales and deliveries, subject to any other written agreements. (Oral agreements are non-binding.)
  2. Prices
    Prices are net, carriage paid for quantities from 100 kg, including packaging, excluding VAT, in freely available Swiss Francs.

We reserve the right to adjust prices if currency exchange rates, freight charges, customs duties, or other costs change between the time of order confirmation and actual delivery, or if the intended direct transport routes cannot be used without impediment.

  1. Delivery Dates
    The stated delivery date is subject to timely self-delivery by our suppliers. Delivery impediments for which we are not responsible, such as labor disputes, operational disruptions (at our premises or our suppliers'), epidemics, war, mobilization, civil unrest, natural disasters, governmental measures, release us from contractual performance, and the buyer is not entitled to any claim for damages.

We are not liable for damages due to delayed delivery, nor does delayed delivery entitle the buyer to compensation or withdrawal from the contract.

  1. Shipping and Insurance
    Benefit and risk transfer to the buyer no later than when the delivery leaves our premises, even if the delivery is made franco, CIF, FOB, or under a similar clause. If dispatch is delayed or rendered impossible for reasons beyond our control, the delivery will be stored at the buyer's expense and risk.
  2. Warranty and Liability
    We warrant the delivery of goods in conformity with samples and customary trade standards. The buyer must inspect the goods immediately upon receipt and before use or processing, and must notify us in writing of any defects without delay, at the latest within five days; otherwise, the delivery shall be deemed approved by the buyer. The buyer must submit documentation for the identification of the goods and the defects. Liability for a specific purpose of use or processing success of the goods, and for delays in delivery, is excluded. Recommendations, instructions, formulations, and similar data contained in publications (such as brochures, fact sheets, catalogs, offers, etc.), as well as application and process engineering advice, are provided by us to the best of our knowledge and belief, but without liability. In the event of a justified notice of defect, we are entitled to supply replacement goods.

We are liable only for any potential diminished value of the goods, and our liability is in any case limited to the invoice value of the goods. We are not liable for indirect or consequential damages or disadvantages, such as production interruptions, processing costs, or similar consequences.

  1. Invoicing and Payment
    The weight at dispatch or the original weight invoiced by us shall be decisive for invoicing. The agreed quantity by weight may be undershot or overshot by up to 10% by us.

Payment deadlines must also be met if transport, delivery, or acceptance of the delivery is delayed for reasons not attributable to the seller. The buyer waives the right to withhold or reduce purchase price payments.

If the buyer is in default of acceptance of the goods or payment, we may withdraw from the contract without setting a grace period and claim damages incurred due to non-performance. We are also entitled to deliver or cancel unaccepted quantities in whole or in part and to claim our damages and default interest.

In the event of a change in the buyer's financial situation or non-compliance with payment terms and deadlines, we may likewise suspend or cancel further deliveries. This also applies if, in the case of a call-off order, the goods are not called off within the stipulated period, without us having to request the buyer to call them off.

The seller may charge default interest without the need for a specific notice of default. The applicable interest rate is that of BLKB for business and unsecured loans. The delivered goods remain the property of the seller until full payment. The buyer undertakes to immediately notify the seller in writing of any change of residence.

  1. Place of Performance and Jurisdiction
    The place of performance for delivery and payment, as well as the place of jurisdiction for both parties, is Aesch / BL, Switzerland.
  2. Applicable Law
    Swiss law shall apply exclusively.

16.07.2023