General Terms and Conditions of Online Sale and Supply of Zund America, Inc.
General Terms and Conditions of Online Sale and Supply of Zund America, Inc. 5068 W Ashland Way, Franklin, WI 53132 (hereinafter: “Online T&C”) (hereinafter called the “Seller”)
Area of application
The Seller offers, in particular, accessories and consumables for Zünd Cutting-Systems in its web shop. These Online T&C apply to all current and future supplies of goods and services from the Seller via its web shop www.shop.zund.com. Purchaser’s Terms and Conditions do not apply even if the Seller has not expressly repudiated them. The order for the goods or services signifies the unreserved acceptance of the Online T&C by the purchaser. Amendments of or additions to the Online T&C are only valid if they have been confirmed by the Seller in writing.
The Seller’s quotations and offers are only binding if they are immediately accepted by the purchaser and in all cases are subject to the Online T&C. Information in the Seller’s price lists, web shop and other publications are only binding if this has been expressly warranted in writing. Sellers prices and/or products are subject to change without prior notice.
Unless otherwise expressly agreed, prices are shown ex warehouse, excluding packing, Value Added Tax and all other taxes, dues, duties and fees, delivery, insurance etc. levied on the conclusion or performance of the order. Payment is due in US Dollars. Seller only accepts the payment methods as mentioned in the web shop. The purchaser will pay for the goods in advance without the deduction of any prompt payment discount, charges, taxes and fees. If prepayment is not made within 30 days (receipt of payment) after the order is placed by the purchaser, the order lapses and the corresponding data will be deleted.
Delivery, handling, acceptance, passage of benefit and risk.
The goods which are ordered will be dispatched within three working days of receipt of the prepayment in full by Seller, if the goods are deliverable from stock. The purchaser undertakes to accept the goods within the aforementioned period, not taken into account affected delivery time by customs inspection. No entitlement to compensation arises from the failure to comply with any agreed delivery periods or compensation for any loss or damage arising from late delivery. Delivery shall take place on the basis of Carriage Paid To (CPT) in accordance with INCOTERMS 2010. Dispatch of goods is carried out by a third party carrier by choice of Seller who will recharge them to Purchaser. The purchaser can choose for ‘standard’ or ‘express’ delivery. Purchaser is responsible for payment of all delivery, taxes and duties. Most goods shall be dispatched from Zund America, Inc. In certain cases it is possible that goods will be dispatched from Switzerland. Delivery times may vary depending on the delivery address, delivery carrier and delivery method. The purchaser must check the goods immediately on receipt. Rejections and claims relating to the properties, condition, quantity or other defects of the goods are only valid if they are notified in writing to the Seller without delay and not later than five days after receipt of the goods or, in the case of concealed defects, immediately after their discovery but no claims are valid other than received by Seller within three (3) months after receipt of goods by purchaser. Failure to notify rejections in good time is deemed to be acceptance in full of the goods supplied. Benefit and risk pass to the purchaser not later than dispatch of the delivery from the warehouse. Delivery is for the account and risk of the buyer. The purchaser must address complaints in connection with the transportation to the transportation company immediately after receipt. Claims for loss or damage of goods are the responsibility of the purchaser and should be reported to Seller so as to allow Seller to inform the relevant third party carrier. Please be aware that cross-border deliveries may be subject to opening and inspection by customs authorities and delivery times can be affected due to packages being inspected by customs. Seller does not accept returns of goods, other than damaged or non-conform goods.
Force majeure events release the Seller in all respects from the performance of the supply obligations. In this case the Seller will reimburse prepayments already made. In these cases the purchaser will waive the assertion of further claims. Force majeure events are, among other matters, deemed to be sabotage, strikes, lock-outs, official measures, floods, storms, fire and other natural events as well as all unforeseen influences e.g. restriction of energy supplies, late or defective delivery of goods to Seller’s suppliers. Force majeure events are also deemed to be difficulties and delays in transportation, the delayed provision of the means of transport, disruption to traffic etc.
Guarantee, warranty and limitation of liability
The Seller‘s liability for defects on the goods supplied is limited to the free replacement or repair of the ordered goods. Goods replaced in this procedure become the Seller‘s property and must be returned to the Seller without delay. The warranty over and above this is expressly waived within the framework of what is possible and permissible by law. The Seller is not liable particularly in the event of improper use and storage, defective handling and use or defective installation by the purchaser or third parties, fair wear and tear, excessive loading and similar. The purchaser also has no further rights to rescission, price reduction or compensation for any loss or damage caused by defective supply. All claims by the purchaser for compensation for indirect, direct or consequential loss or damage (including loss of orders, income or profit, recall costs, business interruption and third party claims) are excluded; in addition, claims for all other costs incurred by the purchaser in connection with a defective delivery are also excluded. No guarantees, warranties or liability by Seller related to orders by the purchaser can be invoked by third parties.
Use of the goods
The purchaser and all other users of the goods supplied will check the goods with particular respect to whether they are suitable for the purpose intended. The purchaser or user bears all the risks associated with the use of the goods. Information regarding to goods, use of goods or purpose of goods or any other information as shown on Sellers web shop or websites are compiled with great care. While Seller tries to ensure that the information made available by it on its website/web shop, Seller does not accept any liability for any inaccuracies in the information provided. All representations, offers or warranties, whether express or implied, including fitness for a particular purpose, merchantability, title and non-infringement, are hereby disclaimed.
Any rights of intellectual property, including but not limited to patent rights, data base rights, and/or copyright, with regard to, amongst other: order data, product specification and web shop content, is exclusive property of Seller. Purchaser cannot use any Intellectual Property, without prior consent of Seller.
Seller may contact the Purchaser by the contact information as entered into the order form. Seller may use the given information by the purchaser for: -
Internal record keeping - To improve the website and services provided by Seller - To follow up as part of our customer care procedures - To contact
purchaser by e-mail with promotional and marketing information
Place of performance/ place of jurisdiction
The place of performance and place of jurisdiction for all matters arising from the relationship between the Seller and the purchaser is the Seller’s registered office. However, the Seller is entitled to bring an action against the purchaser at the latter’s registered office. The legal relationship is subject exclusively to Wisconsin law. In so far as these Online T&C or particular contractual provisions should not be enforceable, Wisconsin law applies.
If individual provisions of the above provisions should be invalid, the validity of the other parts is not prejudiced thereby. The invalid condition is to be deemed to have been replaced by another provision which puts the purpose which was originally sought into effect as closely as possible but in a form which conforms to the law.