Terms & Conditions
General
The following general terms and conditions form an integral part of any contract with Partex GmbH. The contractual partner expressly agrees to the individual provisions when placing an order. Deviations from the general terms and conditions are only valid in writing. Partex GmbH disclaims any responsibility for any errors or inaccuracies in connection with the above-mentioned illustrations, schemes, declarations, etc. in the catalogues or fact sheets mentioned above.
Over-, Under-Deliveries
For production reasons, additional or under-delivery of up to 10% may occur. This is industry-standard and must be accepted. We will charge you for the quantity delivered effectively.
Prices
The prices of raw materials are subject to fluctuations, which we cannot predict or influence. Therefore, we must reserve the right to make short-term changes to our terms and conditions. All supplier-related increases that occur in time after our offer or after the conclusion of the transaction shall be borne by the customer. Our prices are net in Swiss francs unless another agreement has been expressly entered into in writing.
Payments
Invoices are payable net within 30 days, unless there is an express written agreement. We reserve the right to supply customers without sufficient credit references only against bank guarantee or advance payment. The customer is liable for the payment of the ordered goods, even if this is delivered to third parties on his behalf. If the agreed payment dates are not met, the buyer, without a special reminder from the supplier, owes default interest in the amount of the current current current account interest of the major Swiss banks from the time of maturity. The absence of insignificant parts from the order or warranty claims against the supplier do not entitle the deferral of due payments. The goods remain our property until full payment has been made. For all custom-made products, we charge at least 50 to 70% deposit after placing an order.
Delivery Times
The delivery period begins on the date of receipt of the order, but not before clarification of all the details of which are necessary for the execution of the order. If a delivery period is exceeded by more than 20 days for reasons for which we are responsible and a reasonable grace period set by the buyer after the occurrence of the delay has passed without success, the buyer is entitled to withdraw from the contract. In the event of non-timely delivery as a result of force majeure or other unavoidable obstacles, including transport delays, strikes and industrial disputes at our suppliers, we shall not be in default of delivery for the duration of such events. Compensation for delay or subsequent objective impossibility of delivery is excluded, unless in the event of intent and gross negligence. If, due to the prints, embodiments, etc. make changes, we are entitled to extend the delivery times appropriately.
Retention of Title
All delivered goods remain our property until full payment of all our claims against the buyer. The buyer may divest or process the goods within the scope of a proper business operation. Other dispositions such as pledges or transfer of security of our goods are excluded. The buyer's claims arising from the resale of our goods are already assigned to us. In the event of a delay in payment, the Buyer hereby authorises us to assert the claims of the Buyer assigned to us against its customer directly in his own name. At the buyer's request, we undertake to release the claims assigned for security to the extent that their total amount exceeds our claims by more than 20%.
Exchange, Return, Complaints and Liability
Open defects must be complained about in writing immediately, hidden within 5 days after receipt of the goods. In the event of a justified notification of defects, we shall be entitled, at our discretion, to rectify, replace, convert the contract or reduce the price. Incomplete, customer-damaged or soiled items are generally not returned. We shall only be liable for the damages for which we are responsible if we or our vicarious agent are responsible for intent or gross negligence. This applies to all claims for damages, regardless of whether they are based on legal provisions, tortious actions, contractual agreements or other legal grounds. However, this limitation of liability does not cover the direct damage caused by the absence of guaranteed properties and such damage to defects against which the buyer should be protected by the guaranteed property. We shall only be liable for other consequential damages in the manner set out above. The shipping costs in case of return of the goods are to be taken over by the customer. For all textiles, slight variations in colouring, size and grammage are always to be expected. Within the tolerances clearly defined by the manufacturer, such fluctuations are not grounds for complaint. Discoloration, changes in the material, inlet or other damage caused by improper handling or washing errors are also not grounds for complaint. In case of doubt, an objective test with the goods from the same batch decides. Returns of unused, undamaged and unrefined goods must be targeted in writing within 30 days with the exact description of the goods (items, quantity, size keys and colour specifications), the delivery note number and the reason for the return. In general, there is no right to return correctly delivered goods. If we accept the return in writing, the goods can be returned to us at the expense of the buyer. Goods that have not been targeted will be returned without comment, postage will be paid by the recipient. Discontinued items, items that are not in stock, and items without original packaging cannot be returned.
Goods Delivered
We assume no liability for the delivered goods. We process the goods to the best of our technical knowledge. In addition, we need at least one article to test the finishing.
Sample Broadcasts
Sample shipments must be returned to Partex GmbH within 14 days, otherwise the goods are deemed to have been purchased and will be charged. Samples ordered and shipped on customer's order cannot be returned and will be invoiced.
Copyright
The client is solely liable if rights, in particular copyrights of third parties, are infringed by the execution of his order.
Designs, Films, Graphics, Quality
The operating objects used by Partex GmbH for the production of the contractual products, in particular films, graphics, sieves and embroidery cards, remain the property of the contractor and will not be delivered, even if they are calculated separately. Drafts and clean drawings are our intellectual property and may not be copied or reproduced without our permission. The cost of sketches, designs, samples, and samples is calculated even if the job is not performed. Color deviations or size differences cannot be excluded depending on the base material or printing method.
Packaging and Shipping
Packaging and shipping costs will be charged separately. All shipments travel at the risk of the customer. If no specific instructions are given for shipping at the time of ordering, it shall be carried out in our best discretion without any responsibility on our part. Shipments whose appearances indicate damage (transport damage) of the contents are to be accepted only subject to claims for damages against the transport company and to claim any damages found in the company.
Trademark Use
We are entitled to publish the customer's trademark and company name as well as the ordered product and details of the order for advertising purposes and/or for press releases and to use them in our catalogues and websites.
Place of Jurisdiction
Any disputes arising from this contractual relationship will be decided exclusively by the ordinary courts at the supplier's registered office.