General Business Conditions
for customers of Megasol Energy Ltd.
The following general business conditions apply to present and future business relations between Megasol Energy Ltd. (hereinafter referred to as “Megasol”), and natural persons or body corporates with which a contractual relationship is entered (hereinafter referred to as “customer”).
By conclusion of the contract the customer accepts these general business conditions.
Offers and contract propositions are noncommittal and are valid for one week, if not specified otherwise. By placing an order, the customer submits a binding offer. The agreement is accomplished if Megasol accepts the offer, i.e. if the order is confirmed in writing by Megasol or ordered goods are supplied. This offer is accepted under reserve of the availability of ordered goods.
Solely the order confirmed in writing by Megasol is authoritative for scope and quality features of the delivery.
Delivery is effected upon payment in advance unless otherwise agreed. Terms of delivery begin on arrival of the stipulated payment in advance.
In case Megasol should not meet the terms of delivery, Megasol falls behind. The customer can set an additional respite of 30 days in written form. Should the delivery not be effected after expiry of the additional respite, the customer can refuse acceptance of the delivery.
If a “payment upon delivery” has been agreed, Megasol issues an invoice when the goods are ready for shipment. The goods will be shipped immediately upon receipt of the money.
Compensation for Damages
Claims for damages of the customer (by reason of delayed or not effected delivery) are excluded. This does not apply if a wilful or grossly negligent conduct on the part of Megasol can be proven.
With the dispatch of ordered goods, the risk of delivery passes over to the customer. Acceptance of delivery by the customer cannot be refused for reasons of negligible deficiencies.
Our prices are calculated in CHF, exclusive of value added tax, if not specified otherwise. If delivery on account has been agreed, Megasol can claim a default interest and costs thereby incurred in full legal amount as soon as the customer falls behind.
Retention of Title
The ownership of goods of the contract description only passes on to the customer with full payment of the purchase price. In case that the customer defaults, Megasol is entitled to reclaim delivered goods.
Damages caused by delivery must be attested in writing by the delivery service immediately. Damage to delivered goods visible from the outside must be reported to Megasol in writing immediately; damages not visible from the outside must be reported to Megasol in writing within 4 days, so that these can be covered by the goods in transit insurance. Otherwise the delivery is classified as approved. Buried deficiencies can be reported as far as one year after delivery. In addition, article 197 ff. of the Swiss Federal Code of Obligations (OR) applies.
In case that a deficiency which must be represented by Megasol exists, Megasol has the choice of remedying deficiencies or replacing defective goods. If rectification of defects or compensation delivery fails repeatedly, the customer may demand reduction or annulment of the contract.
Claims for replacement of consequential harms caused by a defect which do not result from deficiencies of the contractually assured product qualities are excluded.
Claims for damages and reimbursement of expenses are excluded, whatever the legal ground may be, particularly because of violation of responsibilities in obligation and in tort.
This does not apply if liability is obligatory. In case Megasol negligently violates a contract-constitutive obligation, liability to pay material damage or personal injury is limited to typically predictable damage. In addition, article 41 ff. of the Swiss Federal Code of Obligations (OR) applies.
In case the customer alters or materially combines and retails received goods, Megasol is released from third party liability claims.
The courts Switzerland shall have exclusive jurisdiction to settle any dispute arising from the contractual relationship. Megasol, however, is also entitled to sue at the customer’s place.
The Swiss law is the basis for the privacy of contract in connection with this agreement.
In case relevant specifications of the contract, including these general business conditions should be or become wholly or partly void, or in case this contract contains a loophole, no other provisions’ validity is affected through this. Subsidiary arrangements must be in written form.
- Status quo May 2011 -