Article 1 – General provisions
In placing an order, the customer unreservedly accepts the entirety of these GTC, which take precedence over any general terms and conditions of purchase. In the event of any discrepancy between the order confirmation, the offer and these GTC, the order of precedence between said texts shall be as follows:
1. the order confirmation
2. the offer
3. the GTC
Article 2 – Conclusion of the sales contract
A sales contract is deemed to have been concluded between the parties when PXT has confirmed the customer’s order in writing (letter, fax or email being considered as written). Accepted sales contracts cannot be cancelled, except by written agreement in exceptional cases. In the case of design modifications, the customer sends the drawing to PXT with the modifications clearly annotated for approval.
Article 3 – Prices
PXT’s prices are understood to be ex-works net, excluding taxes, transport and customs charges, according to the rates in force on the day the sales contract is signed. Unless otherwise stated, our offers in CHF are valid for 3 months.
Article 4 – Payment conditions
Payment shall be made no later than 30 days net from the invoicing date. Any other payment time must be agreed in writing. Unless expressly agreed prior to delivery, PXT does not accept discounts, rebates or deductions on invoices issued.
Article 5 – Compensation
PXT is entitled, without prior agreement, to offset any debts owed to the customer by other PX Group SA companies. Within this framework, PXT is also authorized to provide guarantees or trade assets. Nonetheless, this compensation must be notified in advance.
Article 6 – Insolvency
PXT is entitled to refuse to perform its obligations if, after the conclusion of the sales contract, it becomes apparent that the customer is insolvent.
Article 7 – Liability
All breaches of contract and their legal consequences, as well as all claims by the customer, irrespective of their legal basis, are governed exclusively by these GTC. In particular, all claims for compensation, price reduction, cancellation or termination of the contract which are not expressly reserved by the contract are excluded.
Under no circumstances shall the customer be entitled to claim compensation for damage not caused to the delivery item itself, such as production losses, lost business, loss of profit or any other direct or indirect damage. This exclusion of liability does not apply in cases of fraud or gross negligence on the part of the supplier. It does, however, apply to fraud and gross negligence on the part of auxiliaries.
Article 8 – Delivery conditions
The delivery times indicated in PXT’s order confirmation are for information purposes only. Consequently, the customer may not invoke a delay to cancel an order, refuse a delivery, apply a reduction or claim compensation. PXT reserves the right to make partial deliveries at any time.
Quantity
The parties consider a delivery of plus or minus 10% of the agreed quantity, rounded up to the nearest whole unit, to be valid. In this case, the total price shall be adjusted accordingly, although the unit price shall not vary.
Hence the profits and risks associated with the merchandise delivered pass to the customer upon: a) provision of the products ordered by the customer on PXT’s premises. b) third-party handling of the customer’s order.
Article 9 – Fault
PXT limits its warranty to the quality of the material promised, of the workmanship, its appearance, dimensional compliance, and the defined mechanical and physical characteristics. All other claims are excluded.
On receipt of the merchandise, the customer is obliged to check that the quantity, quality and type of the merchandise delivered correspond to those specified in the sales contract. The warranty period begins upon receipt of the items. The customer has 10 days to check the material and submit a written complaint.
Upon receipt of the fault notification, if the fault is proven and submitted on time, PXT undertakes to deliver to the customer replacement merchandise that complies in all respects with the ordered merchandise. In any case, PXT’s liability for defects is limited to the invoiced value.
Under no circumstances will PXT be liable for any direct or indirect damage suffered by the customer.
Article 10 – Applicable law
The relationship between the parties is governed by:
• Special agreements between the customer and PXT concluded in accordance with the format prescribed in article 2 hereof.
• These terms and conditions of sale.
– Swiss domestic law (Code of Obligations).
Article 11 – Jurisdiction
The parties agree to submit any dispute arising directly or indirectly from their contractual relationship to the regular authority for PXT’s head office, i.e. the La Chaux-de-Fonds Court.
PXT reserves the right to refer the matter to other legally recognized jurisdictions.