1. General conditions

Agreements made by word of mouth or by telephone shall be confirmed in writing in order to be considered binding. This can be done by fax or email.

2. Offer and Ordering

If the offer has not expressly been declared binding for a certain period of time, it shall be understood that it is an open offer with regard to the acceptance of the order, as well as prices and delivery times. Should the order not correspond to the offer with respect to quantity, piece weight, construction, design, price, delivery time, pattern layout, permanent mould etc., there is no obligation to accept the order.

3. Exclusion of Liability

In the case of orders being executed according to drawings, sketches or descriptions from the customer, the product may deviate from these specifications.

4. Scope of Delivery

The quantity of hand-moulded castings will be adhered to as exactly as possible. In the case of production runs, the delivered quantity may differ by plus/minus 10%. Piece weights stated by the customer serve merely as a guideline for the production process; a corresponding delivery is not guaranteed.

5. Prices and Payment Conditions

The quoted prices are ex-works; packaging will be specified separately. The material surcharge valid on the day of delivery will be accounted for in the invoice separately. Invoices are due within 30 days from issuance, strictly net. Where payment is delayed, 5% late payment interest will be charged. It is not admissible to withhold payments in order to secure guarantee claims.

6. Patterns, Pattern Plates, Permanent Moulds

The customer supplies tools that correspond with the drawing, design and requirements of the foundry (patterns, pattern plates, permanent moulds). Those are delivered free of charge, freight paid by the foundry, or ordered directly at our works against remuneration of the costs. We are only liable for castings being in conformity with patterns and moulds and are not obliged to check the tools. For patterns manufactured by the foundry, the costs incurred thereby will be invoiced. Natural wear and tear will be rectified at the customer’s cost. We store customers’ patterns free of charge, but for no longer than 5 years after execution of the last order. After the end of this term the customer will receive notification that the tool can be picked up. It will otherwise be disposed of and the customer charged a flat sum of CHF 500. Customers’ tools cannot be insured; this must be done by the customer himself.

7. Terms of Delivery

The agreed delivery time starts with receipt of the order and in the case of trial castings with the day of receipt of the material for execution. The approval of trial castings or initial samples according to agreement shall be confirmed in writing in all cases. Non-compliance with the delivery time does not provide a basis for claims for damages.

8. Shipments

All shipments are sent at the customer’s cost and risk.

9. Guarantee

The recipient shall check quantity, weight and appearance immediately after receipt of the castings. A corresponding notice of complaint must be sent within 5 working days. We provide a guarantee of one year at the most after delivery date for defects in our castings that are not immediately detectable after receipt and will replace them free of charge. Further claims shall not be accepted. This also applies to wasted machining costs, costs for mounting and disassembly of the concerned castings due to operational malfunctions, production downtimes, etc. In the case of production runs, only the faulty quantity exceeding 5% of the complete delivery shall be replaced. Objected parts shall be returned to us freight paid. If the defect can be rectified through minor measures, these measures will be implemented instead of replacing the whole part. If objected castings can be made useable, subject to our agreement we will repay the actual expenses for rework, as long as they are considerably less than the invoiced value of the castings.

10. Place of Jurisdiction

Place of jurisdiction for disputes concerning this contract is Bergdietikon AG. In second degree the General Conditions of Sale and Delivery (GCSD) of the Swiss Foundry Association GVS, 2015 Edition, apply. Click here to view the PDF.