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GENERAL TERMS AND CONDITIONS OF BUSINESS

 

1. GENERAL INFORMATION

These general terms and conditions of business shall apply to all sales and deliveries effected by Zauberschön AG and shall take precedence over the customer's general terms and conditions of business. Individual arrangements between Zauberschön AG and the customer shall take precedence over these general terms and conditions of business.

 

2. CONCLUSION OF THE CONTRACT

The customer shall accept a tender by signing it or may do so in writing, by fax or by e-mail. Prices shall be quoted exclusive of VAT.

 

3. LEAD TIMES

Zauberschön AG shall endeavour to deliver the agreed products to the customer by the agreed date. Delays in delivery shall not entitle the purchaser to rescind the contract or to assert any other claims.

Scheduled dates shall be put back within reason if events occur which lie outside Zauberschön AG's control, such as natural events, operational disruption, disputes with the workforce, delayed or flawed supply of materials, as well as measures imposed by the authorities.

 

4. CONDITIONS OF SUPPLY

A tolerance of -/+5% shall be accepted in the supply of textiles, attributable to the production process.

The goods shall be transported to a place of delivery specified by the customer. In the case of part deliveries to various locations, the increased costs involved shall be borne by the customer.

 

5. CONDITIONS OF PAYMENT

Payments shall be effected net within 10 days of the date of invoice. Where order volumes exceed CHF 10,000, Zauberschön AG shall reserve the right to request a payment on account of one third, with the balance payable following delivery in accordance with the date of invoice.

 

6. DEFECTS

The consignee shall check the deliverables and services and report any defects in quality within 10 days. Complaints regarding non-conformities which are customary in the trade and which are technically unavoidable, e.g. in terms of colour, may not be made.

 

7. WARRANTY AND COMPENSATION

Zauberschön AG may choose at its discretion to either repair or replace defective goods. The warranty shall apply for 6 months from the date of delivery from Hagendorn. Any compensation shall be ruled out.

 

8. COPYRIGHT AND TECHNICAL EXPERTISE

All copyrights relating to the design, patterns, fabric definitions, etc. of the clothing, as well as the technical expertise which Zauberschön AG acquires or creates in performance of the order shall remain the property of Zauberschön AG in full and without payment.

 

9. PLACE OF JURISDICTION

The place of jurisdiction shall be the town where Zauberschön AG's registered office is located.

 

Hagendorn, January 2010