General Terms and Conditions
1. Offers
Offers are valid for 15 days from the date of issue. Offers made on the basis of inaccurate templates are considered to be indicative offers.
2. Intellectual property, ownership of work materials, property rights
Model AG is exclusively entitled to the intellectual property or industrial property rights to designs, templates, sketches, samples, films, lithographs, clichés, punches, punching dies, negatives, plates, printing rollers, printing plates, forming devices, digital data, printing cylinders, etc. (hereinafter: working materials) developed by Model AG. The Buyer may not use these work materials without prior express written agreement, in which a reasonable fee for use is specified. Model AG assumes no responsibility for texts, illustrations, graphic representations, barcodes, etc. specified by the buyer and attached to the printed products. In particular, the buyer is responsible for ensuring that no rights of third parties, such as industrial property rights, copyrights, or statutory or sub-statutory provisions are violated. Working materials that are necessary for the production of the goods and that have been manufactured by Model AG remain the property of the same, even if the buyer has contributed financially to the production costs. There is no obligation to surrender it. If the buyer has not demanded the return of work materials and data records provided by him within two years of their last use by Model AG, the latter is entitled to destroy them after prior notification of the buyer.
3. Sketches, drafts and other preparatory work
Sketches, drafts and other preparatory work ordered by the client will be charged, even if no order is placed subsequently.
4. Prices
The confirmed prices are subject to price reservation at the time of delivery. For business customers, VAT is not included in the price and will be charged additionally.
5. Deliveries
Deliveries from individual production:
Deliveries from CHF 350.– sales value are made carriage paid by train station or carriage paid domicile by camion. Additional costs for the fast goods requested by the customer shall be borne by the customer. Model AG will reimburse the calculated freight cost share for the goods collected at the factory. The collection of the goods must take place at the latest within 3 days after notification of Model AG. Afterwards, the goods will be delivered to the recipient, subject to the charge of the freight costs. Unless otherwise stipulated, the consignments shall be palletised, at least 180 cm high. Deviations from this entitle Model AG to charge for the additional expenses incurred. Deliveries are made on European standard pallets 80 x 120 cm. The buyer undertakes to return the same number of flawless pallets at the same time in the exchange procedure. Model AG takes the liberty of invoiced pallets that have not been replaced at the procurement price after not being dunned. Delivery dates are only binding if Model AG has expressly assumed the guarantee in writing for their compliance. The delivery date shall be deemed to have been met if the goods are handed over to the transport company in good time in such a way that under normal circumstances a punctual delivery can be expected. If the delivery date is not adhered to by Model AG, the buyer is entitled and obliged to set Model AG a reasonable grace period for delivery in writing. After fruitless expiry of the grace period, the buyer may withdraw from the contract. In the case of duration or successive delivery contracts, the right of withdrawal is limited to the specific delivery, unless a continuation of the entire contract is no longer reasonable for the buyer.
Deliveries of standard items from the online shop:
We deliver your order from the online shop from CHF 350 postage-free to all addresses in Switzerland (curbside), if freely accessible. Deliveries to remote areas are made to the valley station.
Below an order value of CHF 350, a transport fee for freight, packaging and handling will be charged.
Deliveries to a certain time will be charged extra.
6. Place of performance
The place of performance for delivery obligations of Model AG is the location of the delivering Model company, all rules are based on Incoterms 2010.
7. Ownership
The delivered goods remain the property of Model AG until full payment of the purchase price and until the repayment of all claims already existing from the business relationship and the ancillary claims existing in close connection with the delivered goods (default interest, damage caused by delay, etc.) as reserved goods, which is authorized by the buyer to make a corresponding retention of title for the goods delivered according to the accepted order confirmation in the retention of title register to be registered.
8. Terms of payment, set-off, assignment
Unless otherwise agreed, the invoice amount is due without deduction upon receipt of the invoice. Discount deductions are only permitted if they have been expressly agreed in writing in advance. If the buyer does not pay the invoice amount within 30 days of receipt of the invoice or .dem agreed payment date, he will be in default even without a separate reminder. In the event of default on the part of the buyer, Model AG is entitled to demand default interest at the statutory rate, but at least in the amount of 5% p.a. The assertion of higher damages caused by default remains unaffected. The buyer is only entitled to set-off and retention rights if his counterclaims have been legally established, are undisputed or have been acknowledged by Model AG. The assignment of claims of the buyer from the business relationship is excluded without the express written consent of Model AG.
Payment conditions for standard items from the online shop:
Private customers can pay in the online shop with: debit credit cards, Twint, or prepayment. Business customers can pay by invoice, depending on the credit limit.
9. Affixing of license plates
Model AG is entitled to affix its company name, company logo or identification number to the goods produced by it in an appropriate form that does not significantly impair the design of the goods.
10. Inspection and complaint of the delivered goods
The test is carried out according to industry standards and is based on the guidelines of our ISO 9001 certification, BRC / IoP quantity deviations for deliveries from individual production are permitted according to the following scale: · less than 1000 pieces per format ± 20 % · more than 1000 pieces per format ± 10% Within these tolerance limits, the buyer is obliged to accept the goods and pay the full price. Quantity complaints must be made immediately upon receipt of the goods.
11. Quality of the goods
A certain quality of the goods delivered by Model AG is only owed if Model AG expressly agrees in writing to certain quality features. Unless otherwise agreed in the contract, the suitability of the packaging material for direct contact with food is not owed. Model AG therefore assumes no liability for impairments of the goods or packaged goods that are based on direct contact without an express written agreement. The goods are in accordance with the contract with regard to printing and processing if the printing result and the processing quality are within the tolerances corresponding to the respective state of the art. Samples provided by Model AG are hand or plotter samples that may differ from mechanical production in terms of material, appearance (e.g. punching bridges, colour) and processability (e.g. creasing resistors). The buyer is aware that processing of the goods after prolonged storage may lead to sensory impairments and external impairments such as poorer running properties, adhesion to colour and flatness. If the buyer causes the originally agreed call-off or delivery dates to be exceeded by more than 6 months, he accepts such signs of aging as the contractual condition of the goods.
12. Liability, warranty for defects, damages, obligations to give notice of defects
The Buyer must inspect the delivery immediately and notify the Seller in writing of any complaints concerning the quantity and obvious defects of the delivery immediately after receipt of the delivery. If hidden defects only become apparent later, the notification must be made immediately after becoming aware of the defects, but at the latest before expiry of the warranty period. If no notifications of defects reach the seller, the goods shall be deemed to have been provided in accordance with the contract. Notices of defects must always be substantiated with appropriate samples and/or photos. For defects that are based on improper storage and/or processing of the goods by the buyer, the liability of Model AG is excluded. It is not responsible for defects that are based on the fact that Model AG had to use materials specified by the buyer (such as cardboard, adhesives, paints, varnishes or printing forms). The same applies to defects that are based on the fact that the buyer has specified model AG to use certain services of third parties. Declarations of conformity, quality agreements or specifications made by Model AG do not constitute any guarantees and do not constitute strict liability. In particular, they do not release the buyer from his obligation to check the goods for their suitability for the respective packaged goods before processing – also by carrying out appropriate analyses. In the event of justified complaints or notices of defects, the Seller's liability shall be limited to free replacement of the rejected or defective goods. In addition, the buyer has no further claims, for example from rescission, reduction, damages due to loss of profit, indirect, direct, indirect damages or consequential damages. All warranty claims of the buyer in the event of defects in the delivered goods (including claims for damages) shall become statute-barred after one year. The period begins with the delivery of the goods.
13. Insurance cover
The seller has taken out a reasonable amount of business liability insurance for personal injury and property damage and resulting financial losses resulting in connection with his products and submits proof of insurance on request. 14. Force majeure Extraordinary circumstances over which Model AG has no influence and which massively hinder or impossibility the fulfilment of its contractual obligations release it from its delivery obligation. If circumstances permit, Model AG is obliged to inform the buyer in writing as soon as possible.
15. Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Weinfelden/TG.
16. Applicable law
These Terms and Conditions of Sale and the entire legal relationship between the parties shall be governed by Swiss law. This also applies in the case of cross-border deliveries.