General Terms and Conditions of Purchase
1. General
These conditions of sales are mutually valid and applicable between SFS Group Schweiz AG, Distribution & Logistics as the vendor and the customers. Other conditions shall apply only if they have been expressly agreed in writing by both parties.
2. Prices
The prices quoted in our documents are those stated in the valid price lists at the time of going to press or publication of the catalogue or documents. Price adjustments to take account of changed market circumstances, inflation or exchange rate changes are reserved at any time without prior notice. Offers which do not specify a particular time limit for acceptance are valid for 14 days from the date of the offer.
- Our selling prices are quoted excluding VAT/VOC, unless otherwise specified
- The minimum net value of goods ordered necessary to cover costs is CHF. We reserve the right to debit cost differences subsequently
- For partial packaging units, we charge a supplement to cover the additional expenditure involved
3. Standards
The dimensions and text indications and the illustrations given in our documents are not binding. DIN, ISO and VSM or SN standards are binding. Foreign customers must inform us of the legal standards and official instructions which apply to the delivery, equipment or use of the ordered goods. This obligation to provide information extends in particular to:
- Provisions on the characteristics and use of the delivered goods
- Safety regulations
- Health policy provisions
4. Special production
The customer has sole responsibility for the accuracy of drawings, designs, models or samples and the indications made available to us about them. In addition, the customer accepts responsibility for the manufacture and delivery of the products in such a way that protected commercial rights of third parties are not breached. Offers and confirmations for special parts are always made on the basis of our estimate of the manufacturing cost. We reserve the right to withdraw from the contract of delivery if unforeseen difficulties occur during manufacture which cannot be resolved by us at reasonable cost. All expenses in excess of normal consultation are not included in the price and will be invoiced separately unless otherwise agreed. In the case of custom-made products, we reserve the right to over- or under deliver up to 10% of the order volume, unless otherwise agreed.
5. Delivery lead-times and delivery obligations
The products contained in our documents are generally available ex-stock, although this cannot be guaranteed by us. Products which are not contained in our documents are offered by us to you on request. The delivery lead-times are set after careful evaluation but are not binding. Claims for compensation on grounds of late delivery will not be entertained. Even in the case of late delivery, the customer is required to accept the goods, save where otherwise agreed. The obligation to deliver exists only on the basis of our order confirmation. Unforeseen events in the nature of force majeure such as war, international tension, riot, shortage of raw materials, interruption of production, epidemic, strikes, etc. and other events beyond our control or that of our supplier works release us from the obligation to make either partial or complete delivery. Deliveries on call are binding only if they have been expressly agreed.
6. Packaging
Packaging is charged at cost price and is not taken back. This does not apply to EURO pallets, boxes and packing cases which are exchanged or credited. For exchangeable containers, the EPAL exchange criteria apply. In the absence of special instructions we will select the means of packaging which appears most advantageous to us.
7. Despatch
Goods are despatched for the account and at the risk of the customer. Unless otherwise instructed, we will choose what seems to us to be the most advantageous method of consignment. For express consignments, we charge the additional freight costs. If deliveries cannot be successfully completed due to the recipient's absence, the costs of any subsequent deliveries shall be borne by the client.
8. Returns
Returns are only accepted after prior agreement. The delivery date and delivery note number must be provided. The following goods cannot be returned:
- Goods produced to specific specifications (special parts and configured items)
- Items which are not or no longer part of the current range of products
- Items which show evidence of having been used or whose original packaging is missing
- Items delivered more than 18 months ago
We reserve the right to reduce the amount credited by the costs incurred and repairs. Returns worth less than CHF 30.– are not credited. Where items delivered more than 3 months ago are returned, 25% will be deducted; if the delivery took place more than 6 months ago, 50% will be deducted.
9. Payment terms
Payments must be made net within 30 days of the invoice date. The seller reserves the right to shorten the payment period to 10 days or change it to advance payment for each order. Any reminder fees will be charged to the customer based on the invoice amount. No fee will be charged for the first reminder. For each subsequent reminder, the reminder fee is CHF 20.00. The outstanding invoice amount (including default interest and reminder fees) may be assigned for collection purposes.
The purchaser is obliged to reimburse all costs incurred due to the payment delay. Unjustified deductions will be subsequently charged in any case. In the event of late payment, we will charge 5% default interest. If the commercial rate of interest on unsecured current account credits with Swiss banks is higher than this, the higher rate will apply.
10. Reservation of ownership
The goods delivered by us remain our property until full payment has been made for them. If, under the applicable legal regime, entry in a special register is needed to justify the reservation of ownership, we are authorised to apply for such a register entry. Goods which have not been paid for in full shall not be sold on or pledged or otherwise charged with the rights of third parties. Sale in the framework of the ordinary business activity of the purchaser is reserved. In that case, the purchaser assigns his claim to the purchase price to us.
11. Complaints
We comply with the technical conditions of delivery stipulated in DIN 267 or ISO 898. The customer must inspect the delivery immediately and notify to us defects which are found within two working weeks of receipt of the delivery; concealed defects must be notified in writing within the same period after discovery. In the case of justified complaints or incorrect deliveries, the consignee must allow us a reasonable period to make delivery in a manner compliant with the contract. However, instead of making a replacement delivery, we reserve the right to issue a credit note in so far as the goods have not undergone further processing. The customer has no entitlement to compensation or cancellation of the contract.
11a. Warranty
We give a warranty only to the extent provided in the supplier’s scope of liability. All further warranty claims are declined. Warranty claims due to defects of the goods lapse in any case one year after delivery unless other legal provisions apply. Damage resulting from improper storage, natural wear and tear, deficient processing and disregard of instructions is excluded from the warranty. Modifications or repairs performed without our written consent release us from warranty obligations. Any technical advice offered by us before and/or during use of the products, either verbally or in writing, is provided in good faith but without guarantee. Our advisory services do not release buyers from their obligation to check the products delivered by SFS Group Schweiz AG as to their suitability for the intended processing and use. The risk associated with the processing and use of the products is borne exclusively by the buyer. Our exclusion of warranty for technical advice does not apply to advice in connection with the manufacture of custom-made products which goes beyond our normal advisory services and will be invoiced separately by SFS Group Schweiz AG.
12. Product liability
All product liability claims are waived in so far as this is permitted under the applicable legal provisions. We shall only be liable for claims for compensation if the damage was caused by our deliberate action or by gross negligence on our part. This shall likewise apply to any organizational fault. Liability for secondary damage caused by defects of all kinds is declined to the extent that this is permitted by law. This applies in particular to indirect prejudice and loss of profit.
13. Cancellation
The cancellation of orders requires our express written agreement. Complaints about a consignment do not give grounds for cancelling remaining deliveries of a particular order. We are entitled to withdraw from delivery obligations if we regard the financial situation of the customer as being worse than had originally been supposed and also if this situation is different from that explained to us.
14. Place of performance
The place of performance for deliveries is the particular place of distribution of SFS. The place of performance for payments is CH-9435 Heerbrugg.
15. Binding original text
Should there be differences between the German terms and conditions of sale and those drafted in other languages, the German original text shall prevail.
16. Copyright in the catalogue
The graphic design and article number system used in our catalogues or documents (in printed and electronic form) are protected by copyright. Reprints and duplications of all kinds, including by way of extracts, are permitted only with the written consent of SFS Group Schweiz AG, CH-9435 Heerbrugg.
16a. Partial invalidity
If one or more provisions of these terms and conditions should be invalid, illegal or otherwise ineffective, this does not entail the invalidity of the contract as a whole. The invalid provision will be replaced by the relevant legal provision.
17. Data Protection
If personal data of employees or business partners is exchanged between the purchaser and SFS, the data must be treated with the utmost care and confidentiality as well as in accordance with the applicable legal requirements regarding data protection. The purchaser is responsible for obtaining the legally required consent to the processing of its respective employees or business partners.
The purchaser agrees that SFS uses the personal data of its contact persons necessary for the execution of the business relationship. In compliance with the statutory conditions, this use also includes the transmission of data within the SFS Group nationally and internationally. Should personal data be transmitted to SFS Group companies in countries without adequate data protection, the protection of the data will be guaranteed by contractual privacy clauses.
18. Authorized Economic Operator (AEO)
SFS Group Schweiz AG is AEO-certified. The associated requirements and security regulations must be complied with by SFS Group Schweiz's business partners at all times.
SFS Group Schweiz AG reserves the right to set out these requirements and security regulations in detail in a supplementary document and to verify compliance with them in an appropriate manner.
19. Place of jurisdiction
The place of jurisdiction is CH-9443 Widnau. Our contracting partners expressly waive the jurisdiction at the place where they have their registered office.
20. Applicable law
Only Swiss law, and in particular the Swiss Law of Obligations, shall apply. The UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is excluded.
SFS Group Schweiz AG, Distribution & Logistics, CH-9435 Heerbrugg, december 2025