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General terms and conditions

General terms and conditions of sale PX Tools

Article 1 – General provisions

By 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 the said texts shall be as follows:

1. order confirmation
2. the offer
3. General terms and conditions

 

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 drawing modifications, the customer sends the drawing to PXT with the modifications highlighted for approval.

 

Article 3 – Prices

PXT’s prices are net ex-works, excluding taxes, transport and customs charges, according to the tariffs in force on the day the sales contract is signed. Unless otherwise stated, our offers in CHF are valid for 3 months.

 

Article 4 – Terms of payment

Payment shall be made no later than 30 days net from the date of invoice. Any other payment terms 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 claims the customer may have against other PX Group SA companies. Within this framework, PXT is also authorized to execute guarantees or trade assets. Cette compensation se fait néanmoins sur la base d’une information préalable.

 

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 by the delivery item itself, such as loss of production, loss of business, loss of profit or any other direct or indirect damage. This exclusion of liability does not apply in cases of intent 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 – Terms of delivery

The delivery times indicated in PXT’s order confirmation are for information purposes only. En conséquence, le client ne pourra se prévaloir d’un retard pour annuler la commande, refuser la livraison, procéder à une retenue ou réclamer une indemnité. 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 will be adjusted accordingly, although the unit price will not vary.

The profits and risks thus associated with the goods delivered pass to the customer as soon as : a) the provision of the products ordered by the customer at PXT’s premises. b) third-party handling of the customer’s order.

 

Article 9 – Default

PXT limits its warranty to the quality of the material promised, to that of the workmanship, its appearance, compliance with dimensions, and the defined mechanical and physical characteristics. All other claims are excluded.

On receipt of the goods, the customer is obliged to check that the quantity, quality and type of the goods 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 notice of defect, if the defect is proven and if it is not late, PXT undertakes to deliver to the customer replacement merchandise that conforms in all respects to the merchandise ordered. 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

Les relations entre les parties sont régies par :

– Special agreements between the customer and PXT concluded in accordance with the form 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 ordinary courts at PXT’s head office, i.e. the courts of La Chaux-de-Fonds.

PXT reserves the right to refer the matter to other legally recognized jurisdictions.