Utz折叠周转箱的功能锁定系统使此可折叠周转箱的自动化处理成为可能。符合人体工程学的单手锁定系统简化了手动操作。与直立盒子相比,空载的折叠周转箱可以节省高达80%的体积。
了解更多1. Applicability, clientele, language
1.1. All offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as „Purchaser“) via our electronic communication channels (telephone, fax, B2B online platform, e-mail and other electronic means of communication) are subject to the following General Terms and Conditions (GTC).
1.2. The range of products offered on our B2B platform or in our paper catalogue is aimed exclusively at companies. The appropriate Value-Added Tax number (VAT; usually corresponds to the UID according to the commercial register entry) is mandatory when registering as a user of the B2B online platform. Organisations without a VAT number must enter “CHE-000.000.000” in the required place instead. In this case, Georg Utz AG reserves the right to check the status of such an organisation as a B2B platform user and, if necessary, to refuse delivery. Private parties (consumers) are not served.
1.3. The Purchaser‘s general terms and conditions shall not apply, even if we do not contradict them separately in individual cases.
1.4. Contracts with the Purchaser are only concluded in our national languages (German, French, Italian) or English, depending on whether the Purchaser places the order via the German, French, Italian or English website of the B2B platform or via other electronic communication channels. If, for example, an order is placed via our German website, only the German version of these General Terms and Conditions shall apply accordingly. If the order is placed via our other website languages, only their language version of the General Terms and Conditions shall apply accordingly. For orders placed via other electronic communication channels, the contract is concluded on the basis of the GTC in the language in which communication with the Purchaser follows (fax, e-mail, written order confirmation). In such cases, the corresponding terms and conditions shall be sent to the Purchaser in electronic or paper form.
2. Conclusion of contract, assurance of properties, projects and preliminary studies, accessories, tools
2.1. Our offers in the paper catalogue or on the B2B platform are nonbinding. Specimens and samples are subject to change without notice. All specifications or properties specified in the paper catalogue or on the B2B platform are subject to possible technical tolerances. All verbal and written information on the suitability and application of our goods is given to the best of our knowledge. They represent our experience values which are generally not guaranteed. The Purchaser has to convince himself/herself of the suitability of the goods for the intended purpose of use. Insofar as an order is not placed with us or is not executed, the data, samples and prototypes provided shall be returned to us without delay. By submitting an order (the “Purchase” order button) on the B2B platform, the Purchaser makes us a binding offer to purchase the products contained in the shopping cart.
2.2. Immediately after receipt of the electronic order, the Purchaser shall receive an electronic acknowledgement of receipt automatically generated by the system. This does however, not yet represent a binding acceptance of the offer to purchase the goods in the shopping cart. We can review and accept the offer until the end of the third working day following the day of the offer. We declare our binding acceptance by sending an electronic or written order confirmation e-mail to the delivery e-mail or postal address deposited by the Purchaser. With the receipt of this order confirmation e-mail in the electronic mailbox or at the delivery address of the customer, the concluded contract of sale is binding for both contractual parties.
2.3. Projects and preliminary studies (e.g. for customised plastic articles), including the production of specimens and samples we prepare on behalf of the Purchaser, shall remain our property and may not be handed over to third parties or made available to them without our written consent. We reserve the right to invoice for projects and preliminary studies, provided that we do not receive the underlying order based after submitting our proposals.
2.4. The Purchaser must deliver accessories for pressing or overmoulding with a surplus of 5 to 10 % in order to cover any rejects during processing. Failure to deliver the accessories on time or incorrect delivery shall release us from adherence to the agreed delivery period.
2.5. Tools of all kinds which are not provided by the Purchaser shall remain our property. The tools that have been exclusively developed for and ordered by the Purchaser are used solely for the Purchaser. Any other use requires an explicit agreement between the Purchaser and Georg Utz AG. We keep the tools for repeat orders or reordering and store them for 3 years from the last date of delivery. At the Purchaser’s request, they can be stored at the Purchaser’s expense for an additional 2 years. Any obligation to store and maintain the goods lapses after a period of 5 years from the date of the last delivery.
3. Prices and shipping costs
3.1. All prices are net, ex-works, duty unpaid and without taxes.
3.2. In addition to the stated prices, we charge shipping costs per order. Delivery within Switzerland and Liechtenstein is free of charge for orders over CHF/EUR 1,000.00 (one thousand francs/Euro). Shipping costs apply for the delivery of Pallets, PALOXE, KLAPA, stacking frames for pallets and pallet boxes, multi-purpose tub and thermoformed articles. For express deliveries and special handling we charge a surcharge of CHF/EUR 100.00 (one hundred francs/Euro). For orders below the minimum order value of CHF/EUR 500.00 (five hundred francs/Euro) we charge a small quantity surcharge of CHF/EUR 80.00 (eighty francs/Euro). For online orders in our Swiss B2B online platform there is a minimum order value of CHF/EUR 300.00 (three hundred francs/Euro) and a small quantity surcharge of CHF/EUR 50.00 (fifty francs/Euro) in case of an order value below CHF/EUR 300.00 (three hundred francs/Euro).
4. Dispatch of goods, insurance, transfer of risk
4.1. Delivery dates and delivery periods regularly indicate the expected delivery date with which we endeavour to comply. Minor deviations in time are possible and do not entitle the Purchaser to withdraw from the contract or claim damages for late delivery. It is up to our discretion to deliver the entire order quantity at once or in partial quantities.
The following shall apply regarding the beginning of the delivery period: All delivery periods specified by us in the order or otherwise agreed upon shall commence, (a) if delivery has been agreed upon against prepayment on the day of crediting the complete invoice amount (including value added tax and shipping costs) to our bank account (value date), or (b) if payment on invoice is agreed upon following delivery of the confirmation (confirmation mail). The commencement of the delivery period may presuppose the timely fulfilment of the Purchaser‘s obligations to cooperate (releases, documents, drawings). If these are not fulfilled by the Purchaser, the agreed delivery period shall be extended by the delay caused by the Purchaser, including a reasonable start-up time. If partial deliveries are not called off within the agreed period, we shall be entitled to invoice them and demand their acceptance within 14 (fourteen) days. After expiry of this period, the goods shall be stored at the expense and risk of the Purchaser. Claims based on delayed deliveries cannot be accepted.
4.2. Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our discretion. All we owe is the punctual and proper delivery of the goods to the transport company and we are not responsible for delays or damages caused by the transport company. Our specified delivery time is therefore non-binding.
4.3. The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the Purchaser upon delivery of the goods to the transport company. In the case of drop-ship transactions – including franking, fob or cif transactions – the risk of accidental destruction shall pass to the Purchaser once the goods have left ex works or the warehouse of our supplier.
4.4. We will insure the goods against the usual transport risks at our expense. At the written request of the Purchaser, the goods shall be additionally insured against breakage and fire damage at the Purchaser‘s expense. Any transport damage must be reported to us immediately, but no later than within 48 hours, so that we can claim any insurance benefits from the transport insurance. The Purchaser must provide us with photographic documentation of any transport damages.
4.5. Circumstances for which we are not responsible, which make delivery impossible in the long term or make it unreasonably difficult (force majeure such as, in particular, interruptions to operations for which we are not responsible, a shortage of raw materials or energy, supply bottlenecks, fire, floods, warlike events, natural disasters) release us from our delivery obligation for the duration of the impediment and a reasonable start-up time, even if they occur with our suppliers. We will inform the Purchaser immediately if a case of force majeure occurs. If the impediment is expected to persist indefinitely, we shall be entitled to withdraw from the contract in whole or in part. The Purchaser’s claims for damages are excluded in the event of force majeure. If the Purchaser rejects the delivery even after the expiry of a reasonable period of grace, we can make use of our statutory rights to withdraw from the contract and demand compensation for damages.
5. Payments
5.1. All payments are to be made exclusively to Georg Utz AG, CH-5620 Bremgarten. Invoice amounts are payable net within 30 days of the invoice date, unless otherwise agreed and confirmed by us in writing. The timeliness of the payment depends on the receipt of the amount (value date on bank account) for our unconditional disposal.
5.2. If the Purchaser is in default of payment or if justified doubts arise about his ability to pay, we are entitled to demand securities before delivery or provision of services.
5.3. The offsetting of receivables as defined in Art. 120 ff. of the OR is excluded. This requires a mutual written agreement between the contracting parties.
6. Retention of ownership
6.1. The delivered goods remain our property until we have received all payments from the delivery contract. The delivered products are to be kept in a re-saleable condition by the Purchaser until paid in full. The Purchaser shall only be entitled to sell the goods subject to retention of title in the ordinary course of business if he has fulfilled his contractual obligations towards us. He is not permitted to pledge or transfer the goods as security; he must notify us immediately of any encroachment on our property rights.
6.2. With the purchase of the reserved goods, the Purchaser assigns to us the claims against his customers, including all ancillary rights, to which he is entitled from their possible resale. Until revoked, he shall remain entitled to collect his claims assigned to us. This does not affect our authority to collect the claim ourselves. However, we undertake not to collect the claim as long as the Purchaser fulfils his payment obligations, does not fall into arrears of payment and, in particular, as long as no petition for the opening of insolvency proceedings or bankruptcy proceedings has been filed or payments have been suspended. If this is the case, however, we shall be entitled to demand that the Purchaser notifies us of the assigned claims and their debtors, provides us with all information necessary for collection, hands over the associated documents and informs the debtors (third parties) of the assignment of the claim to us.
6.3. In the event of processing the goods subject to retention of title, we shall be deemed to be the manufacturer and shall acquire ownership of the new item without any claims accruing to the Purchaser from this transfer of rights. If processing follows together with other materials, we shall acquire co-ownership of the manufactured item in the ratio of the gross invoice value of the reserved goods to that of the other materials. In the event of combination, mixing or commingling with another object, the resulting object is to be regarded as the main object, and co-ownership of the object is transferred to us to the extent of the gross invoice value of the reserved goods.
6.4. If the value of the securities transferred to us exceeds our total claims against the Purchaser by more than ten per cent, we are obliged at the request of the Purchaser to release the security rights at our discretion.
7. Warranty, technical specifications, special designs
7.1. The Purchaser must inspect the goods carefully immediately after they have been sent. The delivered goods shall be deemed to have been approved by the Purchaser if a defect is not notified to us in writing (i) within 7 (seven) working days after delivery in the event of obvious defects or (ii) otherwise within 5 (five) working days after discovery of the defect. Defects must be documented in writing and photographically.
7.2. Notification of defects must be reported to us immediately, at the latest within 10 days of receipt of the goods. If a notice of defects proves to be justified, we shall at our option provide replacement free of charge through repair or replacement, or credit the Purchaser with the invoice amount or the reduced value. Further claims of the Purchaser of any kind are excluded.
7.3. Any additional expenses for the purpose of subsequent delivery, in particular transport, travel, labour and material costs, shall in principle go to our expense. However, if these additional expenses arise as a result of the fact that the goods delivered by us must be subsequently moved to a place other than the originally agreed place of delivery, the Purchaser bears these additional expenses.
7.4. Claims due to the absence of a warranted or presumed characteristic can only be asserted if the Purchaser has been expressly assured of a specific characteristic in writing upon conclusion of the contract (cf. item 2.1 of the GTC).
7.5. Technical specifications: The dimensions and weights of the products offered are average values and subject to minor fluctuations. Our information on the B2B platform, in brochures and our information regarding the characteristics of our products is based on current technical knowledge and experience. Due to the abundance of possible influences beyond our control, they do not exempt the user of the products from carrying out their own tests and trials. A legally binding guarantee of certain characteristics or the suitability for a specific purpose cannot be derived either explicitly or tacitly.
7.6. Special designs: For special variants or colours or customer-specific productions, the Purchaser shall accept quantity deviations. Any resulting excess deliveries shall be taken over by the Purchaser. In the event of short delivery, there is no claim for the rest of the delivery. Minor colour nuances due to different production series are permitted. If parts are delivered according to the Purchaser’s drafts or drawings, our warranty is limited to the fact that the delivered parts have been executed according to these documents.
8. Liability for damages
8.1. Liability is based on the applicable legal provisions. Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo or tort are – as far as legally permissible – limited to intentional or grossly negligent acts.
8.2. Liability for slight negligence and indirect damages as well as consequential damages (particularly consequential damages and loss of profit from defects) is excluded – regardless of the legal reason and subject to mandatory statutory provisions.
9. Exchange / return of goods / revocation
9.1. Cancellations or revocation of orders for goods via electronic communication channels on the part of the Purchaser are expressly excluded. Any goodwill redemptions granted by Georg Utz AG voluntarily and without a legal claim remain reserved.
9.2. In the event of refusal to accept the ordered goods and of nonpayment in advance, we reserve the right to withdraw from the contract without further notice and to demand any compensation for damages. We must notify the Purchaser of this withdrawal from the contract immediately in electronic form to the e-mail address he has deposited. In this case, the Purchaser shall be liable to pay compensation of 20% of the total order value, but at least CHF/EUR 50.00 (fifty francs/Euro) plus any logistics and storage costs, irrespective of the damage that may have occurred. We reserve the right to claim further damage, whereby the compensation for expenses is deducted from this damage.
9.3. If we agree to an exchange request or a return of the Purchaser’s goods by way of exception (voluntary goodwill return) without being legally obligated to do so, the Purchaser shall bear the resulting costs. Prerequisite for an exchange or return of goods is that the Purchaser returns the goods his own expense and risk and that the goods are in perfect condition upon receipt at our premises. For special designs, even voluntary goodwill withdrawal of the goods is always excluded. For agreed returns of the goods we issue a credit note. We reserve the right to deduct 10% of the gross value of the goods, but not less than CHF/EUR 50.00 (fifty francs/Euro), in order to settle our processing costs.
10. Intellectual property
10.1. We reserve all rights for design, texts, images, audio or video sequences, word and image marks, sound marks, graphics, illustrations, drawings, calculations, documents, files and information embodied in any other way, as well as samples and prototypes and other works protected by copyright or trademark rights on our B2B platform, the paper catalogue or other electronic or paper-based documents (such as ownership rights, copyrights, rights of use and exploitation), especially ownership and copyrights to the B2B platform itself. They may also not be made accessible to third parties and may only be used for ordering via the B2B platform.
11. Data protection, data security, order data processing, use of cookies
11.1. We refer to the separate provisions in the document „Data protection regulations“, which are also published on the B2B platform or submitted to the Purchaser in written form. They become applicable content of the concluded purchase contract through the acceptance of these terms and conditions and acceptance of the data protection regulations upon completion of the order process or upon dispatch of the content of the contract of sale to the Purchaser.
12. Assignment and transfer
12.1. Rights and obligations arising from this contractual relationship may not be assigned, transferred or pledged to third parties without the prior written consent of the contractual partner.
13. Place of performance, Applicable law and Place of jurisdiction
13.1. The place of performance for our deliveries and services is Bremgarten.The place of performance for all of the liabilities of the Purchaser is Bremgarten.
13.2. All purchasing contracts are exclusively subject to Swiss law. Application of the United Nations Convention on the International Sale of Goods for Switzerland and Liechtenstein of 11 April 1980 is excluded.
13.3. The place of jurisdiction for both contractual parties shall be Bremgarten or, at our discretion, the place of general jurisdiction at the domicile or place of performance of the Purchaser.
14. Final provisions
14.1. The legal invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining contract.
范围:
下列条件仅适用于商人、公法法人或公用事业。
适用性
我们的销售条款适用于我方所有的销售。任何更改都是以书面协议的形式。这些条件是国际商会出版的国际贸 易条件的补充,从而适用于我方所有的销售。报价单将注明国际贸易条件的生效年度,或者中未注明生效年度 的,以最新年度版为准。
价格政策
所有的报价都是以人民币的形式,除非在书面报价中另有说明。所有报价均不含销售税、使用税、地方税或其 他各种税款。
承兑
所有的订单是由卖方承兑的,卖方所在地在中国江苏省苏州市。除非另有说明,报价的有效期均为30天。卖方 保留拒绝订单的权利。
除非双方另外同意,卖方拥有所有卖方为买方所制做,或者按合同由第三方所制做的模具的所有权。
错误和差异
所有卖方所提供的报价、确认书、发票上面若有文书错误都将以更正后的为准。
付款
发票上的金额应在开票后10内付款。未按期付款,将支付每月1-1.5%(这相当于18%的年息率)或法律允许的 最高利率的服务费,直到所有应付费用全额支付清楚为止。
取消
除非卖方同意,订单不得取消。若要取消,买方必须按照合同赔偿卖方一切损失。
退货
只有在买方预先取得卖方书面许可的情况下,产品可退回卖方。库存/回收费用为销售产值的20%,由买方负担 ,将从卖方的应收款中扣除。买方负责退货的全部运费。特殊颜色物品或根据顾客特殊要求生产的物品不退货 。
运输/交货
除非另有说明,所有的报价都是中国江苏省苏州市工厂的交货价。(没有包含运输费)。在卖方发给买方准备 装运货物的通知15天之后,卖方由于任何无法控制的原因,包括买方没有给装运说明,卖方把产品存放在仓库 、工场或者卖方所在地,风险由买方承担,买方应支付全部处理、运输及存放费用,而且是按照在提交发票时 的商业利率计算。
或者,在通知买方准备装运货物7天后,卖方保留将货物通过普通货运公司运到买方的权利,费用由买方承担 。
除非另有明文规定的销售合同,卖方可分期交货。每次分期交货可单独开发票,单独支付,不考虑后期交付。 任何分期付款延误都不能免除买方接受后交货的义务。
订单上的数量、颜色、交货量在定做过程中会与标准有些差异,因此交货时差异在+/-10%范围内应视为可接受 。
卖方延迟交货
全部交货日期只是尽卖方的最大能力估算的日期。除非有卖方特别制定的书面同意,时间不应视为最基本的因 素。卖方对任何因偶然因素引起的延迟交货概不负任何责任。
买方延期
如果买方推迟交货日期,卖方保留已为买方准备装运货物起10日内的收款权利。
名称权、留置权
货物为动产,不管其如何被贴上买方的名称,直到卖方收到全部货款前,货品的所有权属于卖方。如果买方有 失误,卖方保有债权人的权利,并且买方要按国际商法提供补偿。
所有与产品有关的工具、模具、模板、图纸、计划和规格连同货物的各项所有权都为卖方独家所属。
保修
买方提供的各项有关质量和成品的样品或设计,仅作为卖方依买方要求所制作成品的检测和参考资料。任何技 术标准的资料是用来帮助卖方确定产品质量,而不是作为完整的产品定义。
在正常使用和维修下,不受材料和工艺的限制,卖方出售的所有产品对其材料及工艺都有保修,期限是从装运 给原始买主之日起六个月。
卖方的保修责任按卖方的选择仅限于对任何不符合上述产品保修的或因此而需要退还货款的产品进行修理或更 换。卖方不负担任何情况下因违反前述保修条款所发生的间接损害的赔偿退还。买方必须按卖方的样本保修程 序要求提出保修。这里所说的保修代替了其他所有的保修,包括明示或暗示,但不限制其销售或其他特殊用途 的适用性。
规格
卖方尽最大能力提供优良的产品规格,目录上的规格若有变动不会另外通知。重量、容量、尺寸和其他一些规 格等方面并不保证准确性。无论有无明示或暗示的形式表示,卖方不对此负责。
侵权行为
除非另有特别的规定,卖方不负责及保证销售的商品会符国家、地方法律、法规和工业法规的各项要求。买方 承认以下这些是买方的责任:在特殊的产品使用时,买方要提供适当的安全装置和设备,以保护使用者及他人 ,防止他们受伤害。并遵守所有国家各部门和地方法律、法规、以及所有有关的安全标准和行业安全标准。
责任限制
考虑到本条款中所述的保证及其他条款等,在任何情况下无论任何原因,包括卖方违约或违反。买方的求偿及 卖方的唯一责任应限于货款偿还而不做其他赔偿,无论是侵权、合同或是保修,(包括但不仅限于对本保修及其他条款的责任及附带或间接损失的利润,销售损失,人身伤害,财产损失或其他意外或损失),这一条都是 成立的。
不可抗力
不管书面协议如何,由于战争、民变、劳动纠纷、火灾、爆炸、风灾、水灾、干旱、地震、意外、原料供应不 足、运输量不足、封港、政府行动、或者任何卖方不能控制的因素影响了上述货物或货物的原料供应的生产、 消费或运输,所致卖方不能交付或延迟交付全部或部分货物的责任,卖方概不负责。
重大损害
尽管有与这里所属相反的状况,卖方亦不承担任何间接的、偶然的或者附带的损失赔偿。
商业保护
卖方保留一切版权和相关的商业保护权利,尤其是由卖方或根据卖方与和第三方所签定合同所制定出来的各项 模具、成型、工具、设计图纸的利用和开发权。
仲裁
所产生的与本合同有关的一切纠纷,应由卖方所在地当地法院为管辖法院仲裁决定。
适用法律
若有一项特殊条款无效,其余的条款不受影响。
卖方所签的任何销售合约,均按中华人们共和国合同法执行。
任何对卖方提出的诉讼应以卖方所在地当地法院为管辖法院。双方同意若有纠纷以卖方所在地当地法院为管辖 法院进行诉讼。
若对卖方提出诉讼,订单确认书后面的条款作为中文版的销售条款的补充。
© Georg Utz Holding AG