Terms and Conditions of Sale
Amendment dated: 15/06/2015
1. Application of the Terms and Conditions of Sale
1.1. All offers and transactions from FibreNat are subject to the present Terms of Sale. The present Terms of Sale are fully and entirely integrated into subsequent contracts.
1.2. These Terms of Sale govern the sale of any goods (“the Goods”) by FibreNat to any client (“the Client”), each of which is identified in the sale confirmation in virtue of which FibreNat notifies the Client that it accepts his order (“the Sale Confirmation”). These Terms of Sale together with the Sale Confirmation comprise the entire contract (the Contract) between FibreNat and the Client and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties or any kind of communication, both written and oral. These Terms of Sale prevail over any of Client’s general terms and conditions of purchase, regardless whether or when the Client submitted its purchase order or such term.
1.3. No terms or conditions endorsed on, delivered with or contained in the Client’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. The fulfillment by FibreNat of a Client’s request does not constitute, and shall not be deemed to constitute, acceptance of any of a Client’s terms and conditions and does not serve to modify or amend these Terms of Sale.
1.4. FibreNat may modify these Terms of Sale at any time without prior notice, and such modifications shall be effective immediately upon posting the modified Terms of Sale on the Websites.
1.5. Each purchase’s order of Goods made by the Client shall be deemed to be an offer by the Client to FibreNat to buy Goods subject to these Terms of Sale.
1.6. No purchase’s order placed by the Client shall be deemed to be accepted by FibreNat until a written Sale Confirmation is issued by FibreNat or (if earlier) FibreNat delivers the Goods to the Client. Any quotation is given on the basis that no Contract shall come into existence until FibreNat has sent a written Sale Confirmation to the Client. Any quotation is valid for a period of 3 (three) days from its date unless stated otherwise and provided that FibreNat has not previously withdrawn it.
1.7. The Client when ordering the purchase ensure that the terms of its order and any applicable specifications are complete and accurate.
1.8. All and any purchase’s order will bind the Client. No returns, refunds or cancellations are permitted after purchase’s order.
2.1. Prices of the Goods are set at the sole discretion of FibreNat. They are subject to modification by FibreNat from time to time.
2.2. For sales to Clients domiciled (if physical person) or seated (if company) in Switzerland, Swiss VAT is applied and added to the total invoice price. For sales to Clients domiciled (if physical person) or seated (if company) outside of Switzerland, the price does not include sales taxes which, if applicable, will be added to the total invoice price. The Client is solely responsible for the payment of state and local sales or use taxes that may apply to his order. All costs or charges for the dispatching of the Goods, including Swiss VAT if any, are supported by the Client additionally to the mentioned price.
2.3. Unless otherwise set forth in the Sale Confirmation, the price of the Goods is the one mentioned in FibreNat Websites. Shall the price indicated in the Sale Confirmation not be the same as the one mentioned on the Websites at the moment of the order, the Client is enabled to terminate the Contract within 8 (eight) days from the receipt of the Sale Confirmation by sending to FibreNat a written notice indicating that he wants to terminate the Contract.
2.4. Unless otherwise stated in the Sale Confirmation, the Client shall pay all invoiced amounts within 30 (thirty) days following the receipt of the invoice. Delivery takes place only after full payment of the invoiced amounts. Unpaid amounts shall accrue 5 (five) percent yearly interest from due date until paid, plus FibreNat reasonable costs of collection. FibreNat reserves all other rights granted under Swiss law for Client’s failure to pay for the Goods or any other breach by the Client of these Terms of Sale. FibreNat may also suspend the delivery of any further Goods if the Client fails to pay any due amounts and such failure continues for more than 5 (five) days following Client’s receipt of notice thereof.
2.5. Payments must be made by bank transfer to the account indicated by FibreNat and in the currency selected by it.
3.1. Any dates specified by FibreNat for the delivery of the Goods whether on its Websites or in the Sale Confirmation are estimations and are subject to reasonable adjustment. If no dates are specified, date for delivery shall be within a reasonable time.
3.2. Unless otherwise expressly agreed by FibreNat in writing, FibreNat shall deliver the Goods at the location indicated by te Client and specified in the Sale Confirmation.
3.3. The Client shall inspect the Goods immediately upon receipt. Shall the Goods have been damaged during transit or not comply with any of the Contract, the Client may send the Goods back to FibreNat within 5 (five) days from the delivery with a short notice explaining the reason of this to FibreNat, which will replace it free of charge in a reasonable amount of time. If the Client fails to do this he is deemed to have accepted the Goods.
3.4. FibreNat shall not be liable for any direct or indirect loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods. Delay in the delivery of the Goods shall not entitle the Client to terminate the Contract unless such delay exceeds 45 (forty five) days.
4. Force majeure
FibreNat shall not be liable for any failures or delays caused by circumstances beyond the reasonable control of FibreNat, including but not limited to fire, floods, accidents, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, or all kind of labour disputes. Where delays or failure are caused by force majeure situations, FibreNat reserves the right to defer the date of delivery or to cancel the Contract or reduced the volume of goods ordered by the Client.
All Goods are sold “as is” and on an “as available” basis. FibreNat makes no warranty, express or implied, as to merchantability or fitness for a particular purpose of any Good sold by it. In addition, FibreNat does not guarantee that the use of its Websites will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruption, viruses or worms.
6. Limitation of liability
To the full extent permitted by law, FibreNat shall not be liable for any direct, indirect or consequential damages regardless of the form of action, whether in contract, tort, or otherwise, even if FibreNat has been advised of the possibility of such damages. FibreNat total liability for all claims arising out of, or relating to, the Goods shall be limited to general money damages in an amount that does not exceed the total purchase price for the goods giving rise to the claim.
7. Binding Agreement
By purchasing Goods on the Websites, the Client understands and agrees that he is deemed to have read, understood and agreed to all of the provisions of these Terms of Sale and all other agreements, policies and terms and conditions incorporated by reference herein.
8. Intellectual Property Right
FibreNat is the owner or the licensee of all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws.
9. Governing Law and Jurisdiction