[Translate to English:] Allgemeine Geschäftsbedingungen (AGB)

** In case of any discrepancies, the German version of these general terms and conditions are decisive. **

Ronald de Bruin GmbH, Nordring 10a, 3013 Bern

1. Definitions

2. Validity of the terms and conditions

The deliveries, services and offers of Ronald de Bruin GmbH are exclusively based on these terms and conditions, even if they are not expressly agreed again. With the order of the goods or services these terms and conditions are deemed to be accepted. General terms and conditions of purchase of the buyer are hereby rejected.

Should individual descriptions of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remainder of the contract. Ronald de Bruin GmbH is entitled to have individual obligations performed by subcontractors or to assign them to third parties. You are not entitled to assign claims arising from this agreement. Declarations relevant to the contract, such as notices of termination, must be made in writing and sent by registered mail.

Deviations from these terms and conditions are only effective if we confirm them in writing.

3. Offering and conclusion of contract

The offers of Ronald de Bruin GmbH in price lists and advertisements are subject to change and non-binding. Orders are only binding for Ronald de Bruin GmbH after written confirmation.

The information in our sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not represent any assurance of properties unless they are expressly designated as binding in writing.

4. Pricing

The prices stated in our order confirmation are decisive. These are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks and errands, the daily price on the day of the order shall apply. We reserve the right to adjust prices accordingly in the event of changes in exchange rates, customs duties, taxes, freight and insurance costs, purchase costs.

Unless otherwise agreed, prices are exclusive of transport costs and VAT at the statutory rate.

5. Time of delivery and service

Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by Ronald de Bruin GmbH is subject to the correct and timely supply of Ronald de Bruin GmbH by suppliers and manufacturers. Cases of force majeure, e.g. strikes and lock-outs etc. as well as manufacturing and operational disruptions, transport disruptions - whether in our own company, at a supplier or manufacturer - shall in any case release us from an obligation to meet the delivery date and entitle us to withdraw from the contract. The assertion of claims for damages of any kind is excluded.

6. Default of acceptance

If the buyer refuses to accept the delivery items after the expiry of a grace period set for him or declares that he does not wish to accept the goods, Ronald de Bruin GmbH may refuse to fulfil the contract and claim damages for non-fulfilment. Ronald de Bruin GmbH is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer as compensation for damages.

7. Delivery

Visible differences in quantity must be reported to Ronald de Bruin GmbH and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days after receipt of the goods. Complaints regarding externally visible damage, delay, loss or poor packaging must be documented and reported on the delivery note immediately after receipt of the consignment.

8. Transfer of risk

The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. Any assumption of the transport costs by Ronald de Bruin GmbH agreed in individual cases shall not affect the transfer of risk.

9. Warrenty

The warranty in accordance with the following conditions is 2 years, unless expressly agreed otherwise in writing.

The warranty period begins with the date of delivery. If our operating or maintenance instructions are not followed, modifications are made, parts are replaced or consumables are used which do not comply with the original specifications, any warranty shall lapse insofar as the defect is attributable to this. This shall also apply if the defect is due to improper use, storage and handling of the products, or third-party intervention or the opening or modification of products. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights.

You have the exclusive right to rectification of defects or replacement delivery, depending on the possibilities of Ronald de Bruin GmbH. Insofar as rectification or replacement delivery fail, you are entitled to demand compensation for the effective reduced value of the item (reduction), but not cancellation of the purchase (rescission), unless the effective reduced value reaches the amount of the price.

In the event of a replacement delivery, Ronald de Bruin GmbH shall acquire ownership of the replaced products or parts.

Liability for normal wear and tear and parts subject to wear and tear is excluded.

Only the direct purchaser is entitled to warranty claims against Ronald de Bruin GmbH and these are not assignable.

10. Return of goods

For returns, we require that the defective part or product is sent or delivered to Ronald de Bruin for repair or replacement with a copy of the invoice with which the part/product was delivered. No new warranty periods will come into effect as a result of the replacement of parts or products. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.

Unauthorised returns will only be accepted if a prior agreement has been made for this purpose. The returned goods will be credited with a deduction of a handling fee.

In all cases, the shipping costs shall be borne by the buyer.

11. Retention of title

The delivered goods remain the property of Ronald de Bruin GmbH until full payment has been received.

12. Payment

Invoices are payable by cash on delivery, cash or within 30 days net, unless otherwise agreed. Delivery is always carriage forward, i.e. at the buyer's expense by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise.

Payment shall only be deemed to have been made when we can dispose of the amount. Cheques shall only be accepted on account of payment after deduction of the usual collection and discount charges and with the usual reservation and shall only be deemed to be payment after they have been honoured.

If the buyer is in default, we shall be entitled to charge interest at a rate of 10% from the relevant date. During the period of default, Ronald de Bruin GmbH shall also be entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the loss of the contract.

13. Limitation of liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents or persons employed in the performance of our obligations, except in the case of wilful intent or gross negligence. No liability is accepted for consequential damage arising from the use of the products.

14. Copyrights / Software Warranty

When software is included in the scope of delivery, it is provided to the buyer solely for his own use, i.e. he may neither copy it nor provide it to others for use. Software is excluded from all warranty provisions. The provisions of the manufacturer's licence agreement shall apply exclusively. The software provided free of charge by Ronald de Bruin GmbH is valid "as is". There is no warranty claim on the correct functioning, as well as a claim for error correction.

15. Privacy policy

According separate privacy policy.

16. Place of jurisdiction

Berne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

Berne, 1. March 2006, updated 01. Sep. 2023