Terms of Service

General Business Conditions

‍

1. Application‍

These General Business Conditions shall govern any and all legal relations between the customer and Otto Hofstetter AG. Modifications and changes hereof shall only be valid if exchanged by the parties in writing.‍

‍

2. Prices

Prices not explicitly quoted as overall prices are subject to modification due to rising cost. The prices are quoted net ex factory.Any and all extra cost such as freight, insurance, customs duties, any kind of taxes and dues shall be borne by the customer. Subsequent modifications and changes as well as test runs exceeding the usual control requested by the customer shall be billed separately.‍

‍

3. Price adjustments

Otto Hofstetter AG reserves all rights to modify the prices quoted if, during the performing of the work, changes in salary rates, in prices for raw materials, in currency exchange rates or delivery times occur for which it is not responsible.

‍

4. Terms of payment

In the absence of specific agreements the following terms of payments hall apply:

• 30 % as advance upon placement of the firm order
• 60 % upon acceptance test, prior to delivery of the mould
• 10 % within30 days after dispatch

Otto Hofstetter AG reserves all rights to require the issuance of an irrevocable letter of credit confirmed by a known Swissbank for the part of the purchase price not covered by the advance. The terms of payment shall remain valid even if transport, delivery, start-up or acceptance are delayed or rendered impossible for reasons for which Otto Hofstetter AG is not responsible. If the customer does not honour the terms of payment, a late payment interest of 5 % per annum above SARON(Swiss Average Rate Overnight) shall become payable upon maturity without reminder.

‍

5. Time limits

Otto Hofstetter AG shall use its best endeavors to keep the time limits mutually set. Time limits agreed by contract shall be prolonged accordingly:

• if the customer does not adhere to the time limits set for the submittance of documents such as drawings, technical particularities, permissible tolerances and the like
• if the customer demands subsequent modifications
• if obstacles occur at Otto Hofstetter AG, its customer or third parties which are beyond the influence of Otto Hofstetter AG, such as epidemics, mobilisation, war, riot, significant break-downs, accidents, labour conflicts, late or faulty deliveries of raw materials, semifinished or finished products, defectiveness of important components, governmental restrictions, acts of God
• if the customer does not honour terms of payment

Contractual penalties for late delivery are only valid if agreed in writing and only if and when the delay was provable caused by Otto Hofstetter AG. The customer shall have no claim for indemnification or for cancellation of the contract based on late delivery.

‍

6. Technical documents

Drawings, designs, plans and calculations for the moulds shall remain the exclusive property of Otto Hofstetter AG. They may neither be copied nor multiplied, nor made available to third parties, nor be used for the construction of moulds or of components thereof.

‍

7. Industrial property rights of third parties

Any and all liability of Otto Hofstetter AG for the violation of industrial property rights of third parties (such as patents, copyrights, trademarks, models and designs) through the application of the moulds manufactured by Otto Hofstetter AG or by products manufactured therefrom is herewith explicitly disclaimed. Such responsibility shall exclusively be with the customer who shall be under an obligation to keep Otto Hofstetter AG fully harmless of eventual third party claims.

‍

8. Passing of benefit and risk

Benefit and risk shall pass to the customer not later than the delivery ex works, irrespective of whether the delivery has been agreed carriage paid, CIF, FOB or similar clause or inclusive of mounting.

‍

9. Reservation of title

Otto Hofstetter AG shall remain the owner of all supplies until having received full payment in accordance with the contract.

The customer shall cooperate in any measures necessary for the protection of the property of Otto Hofstetter AG. In particular upon entering into the contract it authorises Otto HofstetterAG to enter or notify the reservation of title in the required form in public registers, books or similar records, all in accordance with relevant national laws, and to fulfil all corresponding formalities at customer's cost.

During the period of the reservation of title, the customer shall, at its own cost, maintain the supplied goods and insure them for the benefit of Otto Hofstetter AG against theft, breakdown, fire, water and other risks. It shall further take all measures to ensure that the title of Otto Hofstetter AG in the goods is in no way prejudiced.

‍

10. Inspection and acceptance of the supplies and services

The inspection and acceptance of the supplies and services shall be governed as a matter of principle by the "Conditions regarding the warranty and liability for injection moulds or other products" of Otto Hofstetter AG. They shall form an integral part of these General Business Conditions.

Subsequently the following shall apply:

• If the mutual acceptance test does not show any defects, the mould shall be deemed accepted upon completion of such test.
• If the mutual acceptance test shows defects which are of minor importance in relation to the entire mould, acceptance shall nevertheless be deemed granted at the end of such test. However, Otto Hofstetter AG shall be under the obligation to correct such defects within a reasonable time limit.
• If the mutual acceptance test shows important defects, the acceptance shall be rejected and the parties shall immediately agree upon a term within which such defects shall be corrected by Otto Hofstetter AG. Upon correction of such defects a new acceptance test shall be made. A claim for defects shall not release the customer from keeping the payment conditions and terms.

11. Warranty

Any and all claims based on warranty and liability of Otto Hofstetter AG shall exclusively be governed by the "Conditions regarding the warranty and liability for injection moulds or other products" of Otto Hofstetter AG. They shall form an integral part of these General Business Conditions.

‍

12. Data protection notice

The collection, storage, processing and use of personal data are subject to the "Data Protection Rules" of Otto Hofstetter AG. They shall also form an integral part of these General Business Conditions.

‍

13. Applicable law

All legal relations between the customer and Otto Hofstetter AG, in particular concluded contracts and these General Business Conditions, shall be exclusively governed in all respects by Swisslaw. The applicability of the Treaty of the United Nations on Agreements regarding International Sale of Goods dated April 11, 1980 ("Vienna Convention") is excluded.

14. Place of jurisdiction

Any and all disputes between the parties arising out of or in connection with contracts concluded between them or with these General Business Conditions shall exclusively be submitted to the jurisdiction of the ordinary courts at the legal domicile of Otto Hofstetter AG. Otto Hofstetter AG shall, however, be free to sue the customer also before the court at his registered address.

‍

Conditions regarding the warranty and liability for injection moulds and other products

1  General

These conditions govern the warranty and liability of Otto Hofstetter AG for injection moulds and other products such as OH Xport.

‍

2  Beginning of the warranty period‍

‍2.1  Delivery to a system integrator/machinery producer

• The warranty period regarding a delivery to a system integrator/machinery producer shall begin after the close of the acceptance at the system integrator/machinery producer.
• The acceptance shall be documented and confirmed by the mutual signature of the acceptance protocol. It shall be signed within 14 days after delivery and remitted to Otto Hofstetter AG.
• If Otto Hofstetter AG does not receive the acceptance protocol timely the warranty period commences retroactively at the day of dispatch at the worksite in Uznach.

2.2    Delivery to a direct customer

• The warranty period regarding a delivery to a direct customer shall begin after the close of the start-up at the customer, however at the latest 3 weeks after the delivery.
• The start-up shall be documented and confirmed by the mutual signature of the start-up protocol.
• If the start-up is effected in the absence of Hofstetter personnel the warranty period shall commence on the day of dispatch at the worksite in Uznach.

2.3 Applicability of the conditions regarding warranty and liability

• The provisions according to these conditions regarding warranty and liability shall only be valid for an initial purchaser of an injection mould respectively other products. 

3 Warranty periods, warranty and liability for defects

Otto Hofstetter AG shall during the warranty periods of 12 respectively 36 months exclusively be under an obligation to render the following limited services:

‍

3.1 During the first 12 months of the warranty period

• Repair or replacement of parts which have become unusable due to proven bad material, defective construction or faultive execution. Excluded thereby are parts subject to wear and tear (cf. 3.4) for which Otto Hofstetter AG shall in the absence of a fault on the part of the operator only bear a liability for breaks.
• Removal of functional problems.
• Bearing of the cost of the service technician for travel, sojourn and work.

3.2 From the 13th until the 36th months of the warranty period

• Repair or replacement of the other parts (cf. 3.5) which have become unusable due to proven bad material, defective construction or faulty execution.
• For the rendering of these warranty claims the cost of the service technician for travel, sojourn, work and material shall be invoiced.

3.3 Warranty for repair and spare parts

• The warranty period according to sections 3.1 and 3.2 shall as a matter of principle continue without interruption for all repair and spare parts.If the remaining warranty period ,however, is shorter than 6 months the warranty period for the part repaired or replaced shall be prolonged in excess over the warranty period according to section3.1 or 3.2 to a total of 6 months.
• In warranty cases during the warranty period according to section 3.1 above the warranty period for the part repaired respectively replaced shall after termination of the prolonged warranty period continue without a respective prolongation in accordance with section 3.2 above.
• Regarding prolonged warranty periods the content of the warranty claims regarding the repair or spare part shall be computed according to the originally prolonged warranty period.
• Parts subject to wear and tear shall be excluded from this provision(cf. 3.4).
• For parts repaired or replaced outside the frame of warranty claims or warranty periods a general warranty period of 6 months shall apply. The content of eventual warranty claims in this connection is to be determined in accordance with section 3.1.

3.4 Parts subject to wear and tear

The parts subject to wear and tear shall be:

• All elements for lead, centering and moving.
• Heatings, sealing rings, nozzle tips, needles, pressure springs, water and air hoses.
• All parts linked to the form.
• Parts of the ejection mechanic (ejector rod, delta cam, cam wear bracket).

3.5 Other parts‍

Other parts are defined as all parts which are not determined as parts subject to wear and tear (cf. 3.4).

4 Exclusion of the warranty and liability‍

4.1 Claims for warranty and liability regarding damages to persons and property are always excluded if they are based on one or several of the following causes:

• Application of the injection mould or another product outside of the destined use.
• Disregarding of rules in the manual regarding transport, storage, built-in, start-up, and operation, cease of operation and maintenance of the injection mould or another product.
• Inappropriate built-in, start-up, handling, operating and maintenance of the injection mould or another product.
• Operating of the injection mould or another product under safety installations or protective measures of the machinery, the injection mould or another product which are defective, not installed properly or which do not function.
• Unauthorised constructional modifications at the injection mould or other product.
• The building in of non original parts.
• Faulty surveyance of those parts of the injection mould which are subject to wear and tear.
• The use of unclean or unsuitable PET or other injection material.
• Chemical or electrolytic influences.
• Catastrophes and acts of God.

The provisions of the Swisslaw on product liability shall be reserved.

‍

4.2 No compensation of indirect damages

• Claims for compensation of damages which have not occurred on the injection mould including replacement and auxiliary parts, or on another product, as contained in the order confirmation of Otto Hofstetter AG are herewith expressly and fully excluded.
• Moreover, any liabilities of Otto Hofstetter AG for consequential damages like loss of production etc. are explicitly excluded.

‍

4.3    Cost

Regarding the repair of damages for which any liability of Otto Hofstetter AG is excluded in accordance with sections 4.1 and 4.2 above the cost for spare parts as well as the cost of the service technician for travel, sojourn, work and material shall be invoiced to the customer.

‍

4.4 Resale of the injection mould or another product

The warranty claims of the initial purchaser against Otto Hofstetter AG according to these conditions regarding warranty and liability may not be assigned to a new acquirer in the course of a resale of the injection mould or another product.

5 General Business Conditions

These conditions regarding warranty and liability for injection moulds and other products shall form an integral part of the General Business Conditions of Otto Hofstetter AG.

In case of conflicting provisions, the rules in these conditions regarding warranty and liability for injection moulds and other products shall prevail over the provisions of the General Business Conditions of Otto Hofstetter AG.

‍