Terms and Conditions FlightLife Kruger
As of: June 2018
Art. 1 Scope
These General Terms and Conditions of Sale and Delivery of FlightLife Krüger (hereinafter referred to as “FlightLife”) regulate all goods purchases for the storage business of FlightLife. They also apply to all future business relations, in particular also to any spare parts deliveries, even if these conditions are not expressly agreed again. Differing conditions of the buyer, which FlightLife does not explicitly and in writing acknowledge, are not binding on FlightLife.
FlightLife accepts no liability for costs incurred in cutting through the bulletproof glass, broken displays or other costs.
If a customer’s smartphone breaks despite the bulletproof glass, this is not the fault of FlightLife and we do not assume any costs for the customer.
Art. 2 Offer and conclusion of contract
All offers from FlightLife are always non-binding. All orders are binding and can not be canceled (see also Art. 7, returns of goods).
The information on the subject of the delivery or service (for example, weight, mass and technical data) and the illustrations thereof (for example, drawings and illustrations) are only approximate. They do not constitute any guarantee of quality or durability, but descriptions or identifications of the delivery or service. Commercial deviations and deviations, which take place due to legal regulations or represent technical improvements, are permissible, as far as they do not impair the usability for the contractually intended purpose.
Art. 3 Delivery times, delayed delivery and non-delivery
Warehouse items are delivered immediately to the buyer. The estimated delivery date for items that are not immediately available will be communicated to the buyer in an appropriate form. FlightLife makes every effort to adhere to the delivery deadlines it has specified, but can not assume any liability for this, as FlightLife itself depends on the appointment details of its suppliers. The deadlines specified by FlightLife are non-binding and to be understood as average delivery times. If an order is delivered outside the specified deadlines, there is no claim for damages.
In cases of force majeure and other events unforeseeable at the time of conclusion of the contract which FlightLife is not responsible for and which would make the delivery considerably more difficult or impossible, FlightLife shall be entitled to withdraw, provided the hindrance is not only temporary. If, as a result of the delay, the buyer can not reasonably be expected to accept the delivery, he can withdraw FlightLife from the contract by means of an immediate written declaration. Claims for damages are excluded in all cases.
Delivery periods or dates are extended by the period in which the buyer is in default with his contractual obligations. This also applies if the buyer is in default of an existing business relationship with his contractual obligations under other contracts.
FlightLife reserves the right to deliver the goods only on prepayment in case of suspected fraud.
As a subcontracted order on the part of the customer makes an open claim for FlightLife – the open invoice will of course be requested even if the delivery is reserved.
Art. 4 Shipping and transfer of risk
Unless otherwise agreed, the route and means of delivery are left to the choice of FlightLife. If the shipment is delayed due to the fault of the buyer, the goods are stored at the expense and risk of the buyer. In this case, the display of readiness for shipment is the same as shipping.
Incidentally, the risk passes to the buyer when the goods are handed over to a freight forwarder, the carrier or the person or company otherwise intended to carry out the shipment. Deviating from this, the risk passes to the buyer at the latest at the time when the goods leave the warehouse of FlightLife or its suppliers.
Art. 5 Loss and transport damage, notice of defects
No deliveries by FlightLife are insured against theft and transport damage. The buyer is obligated to record open transport damages as well as missing delivery items immediately upon receipt of the goods and to have them confirmed by the company or person commissioned with the delivery. Hidden damages must be reported in writing by the buyer to FlightLife within a period of 6 days.
If these specifications are omitted by the buyer, any insurance cover is void and all costs for repair, repair or replacement of the delivered goods shall be borne by the buyer. FlightLife and those with the delivery
commissioned company or person can not be held liable in such cases.
The buyer has to report defects to FlightLife within 6 days, otherwise the delivery is considered as approved.
Returns are only allowed if the bulletproof glass with the packaging has been returned faultless and in its original packaging (packaging also unused).
If the bulletproof glass has already been used, we also reject a return.
Art. 6 Transport costs
Ordinary delivery to the buyer’s address is subject to a charge. Extraordinary deliveries and express deliveries will be charged according to expenses. In the case of an unfounded refusal of acceptance, the transport costs will be charged to the buyer.
Art. 7 Returns of goods
All orders that the Buyer makes in writing via FlightLife, via the electronic order platform www.flightlife.ch, via e-mail or orally, are binding and can not be canceled. Goods can not be returned.
We reserve the right to approve redemptions from grace.
However, orders over 100 francs will not be taken back.
It is absolutely necessary to contact our team before a goods return can take place.
The refund amount is calculated and set by the FlightLife team. For B2B customers, the standard is 50% of the purchase amount.
Art. 8 Prices and Payment
All prices are always plus value added tax in the respectively valid amount as well as the advance disposal fee (VRG) or other legal charges valid for the corresponding product category.
The terms of payment according to the valid frame purchase agreement between FlightLife and the buyer always apply.
If, after conclusion of the contract, FlightLife becomes aware of circumstances which significantly affect the creditworthiness of the buyer, FlightLife shall be entitled to execute or render outstanding deliveries or services only against advance payment or security.
In case of incorrect information (wrong name or address), the buyer is liable for the misconduct.
Art. 9 Retention of title
Until full payment of the purchase price, all goods remain the property of FlightLife. FlightLife is entitled at any time to register a reservation of title for products delivered to the buyer. The buyer is obliged to assist in the registration, if necessary. In particular, the buyer agrees and agrees that FlightLife can register with the relevant retention of title register unilaterally and also after completion of the delivery.
Art. 10 Warranty
In principle, the warranties of the manufacturers of the individual products always apply. Deliveries of goods from Dulliken FlightLife are warranted for a period of 2 years from the date of sale to end consumers, but no longer than 36 months from the date of receipt by FlightLife. A warranty claim must always be confirmed by means of a copy of the invoice.
Repair shipments must always be made to the repair center designated by the individual manufacturer, and not to FlightLife. An overview of the respective repair locations is provided by FlightLife in a suitable form.
Art. 11 Liability for damages
The liability of FlightLife and its employees is excluded. This exclusion does not apply if intentional or grossly negligent action is involved or if the violation of essential contractual obligations is involved.
As far as FlightLife is basically liable according to Art. 1, this liability is excluded
a) for claims for damages for non-performance, as far as compensation for indirect or consequential damages is required
b) for non-contract, foreseeable damages;
c) for damage that can be controlled by the buyer;
d) for damages, as far as they exceed ten times the remuneration for the delivery and / or performance of the seller.
Insofar as in the branch of the buyer the causal risk for the occurred damage is usually insured by this, the liability of the seller is excluded.
The foregoing exclusions and limitations of liability apply to the same extent to the benefit of legal representatives, other bodies, senior and non-executive employees and other employees of FlightLife.
Art. 12 Validity
For the purchase contract is always valid at the time of the conclusion of the contract version of the General Terms and Conditions.
Art. 13 Place of performance, court status
Place of performance and exclusive place of jurisdiction for deliveries and payments as well as for all disputes arising between the parties is Dulliken. At the option of FlightLife, however, the latter may also claim the buyer at his general place of jurisdiction.
The relations between the contracting parties are governed exclusively by Swiss law.
Art. 14 Severability clause
If individual provisions of these terms and conditions become wholly or partially invalid, this shall not affect the validity of the remaining part or of the remaining provisions. In place of the invalid provision or the invalid part of the provision, the legally valid provision that comes closest to the purpose of the ineffective provision shall apply.
Art. 15 Dunning
For non-payment of the claim after our reasonable period of 30 days, the following rules apply.
The debtor is reminded to pay.
The amounts of the reminders are as follows:
Payment reminder costs 10CHF
Reminder costs 20CHF
Reminder (collection notice) costs 30CHF
Forwarding to collection partners costs 50CHF
Reminder fees are accumulated.
For partial payments, the remaining amount will be requested.
1st partial payment reminder costs 10CHF
2nd partial payment reminder costs 20CHF
Forwarding to collection partners costs 50CHF
Costs for late payment: processing fee (at the earliest from day 80 after date of invoice, upon handover to collection service provider) depending on the amount of the claim in CHF: 37 (until 19); 58 (to 59); 145 (to 399); 225 (to 999); 285 (to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1’375 (until 19’999); 2’600 (up to 49’999); 6% of the claim (from 50’000).
Costs for late payment: a) Reminder fee CHF 30 each (after 50, 70 and 90 days after date of invoice) b) Processing fee (at least from day 80 after date of invoice, upon handover to collection service provider) depending on the amount of the claim in CHF: 30 (up to 100); 60 (up to 200); 90 (up to 300); 120 (up to 400); 150 (up to 500); 180 (up to 1’000); 280 (up to 2,000); 380 (up to 4,000); 10% of the claim (from 4’000).
Art. 16 Customer data / marketing
Once customers order from FlightLife, FlightLife may use your customer information for marketing purposes.
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