General terms and conditions of sale and warranty

1. Introduction
These General Terms and Conditions of Sale and Warranty (hereinafter referred to as “GTC”) govern the contractual relationship between SwissKH (hereinafter referred to as “we”, “us”, “our” or “SwissKH”) and any customer (hereinafter referred to as “you”, “your” or “customer”) for the purchase of machines, consulting services, and products sold via our online store, whether new or used.

2. Application and Acceptance of Terms and Conditions
By placing an order with SwissKH, you accept these General Terms and Conditions without reservation. They take precedence over any other general or special conditions not expressly approved by SwissKH.

3. Orders and Product Availability
All orders are subject to product availability. In the event of unavailability, we reserve the right to cancel or postpone delivery after informing you as soon as possible.

4. Prices and payment
The prices of our products and services are quoted in Swiss francs (CHF) and exclude taxes, postage and any other additional charges.

Online Shop: Payment of 100% of the total order amount is due at the time of ordering.
Standard machines: Unless otherwise agreed, payment of 50% is due when the order is placed, and the remaining 50% is due on delivery for customers in Switzerland, and before shipment (machine ready) for customers abroad.
Special machines: Payment is made according to the specifications of the offer.
Other Services and Products: Payment is due at the time of order, unless otherwise expressly agreed.
5. Postage and packing
By convention, postage and packing costs are not always shown separately in our offers and will be indicated when the order is finalized. For foreign orders, additional costs (customs, VAT, etc.) are not included in our price quotations and must be borne by the customer.

6. Delivery
Delivery times are indicative and without guarantee. We will do our best to meet delivery deadlines, but cannot be held responsible for delays in delivery due to external causes. In the event of delayed delivery, we exclude all compensation and interest.

7. Warranty
Companies (legal entities): Our new machines are guaranteed for a period of 12 months from the date of delivery.
Individuals (private customers): Our new machines are guaranteed for a period of 24 months from the date of delivery.
Second-hand products: Second-hand products are not covered by any warranty.
This warranty covers material and manufacturing defects. In the event of a problem, you must notify us in writing within a reasonable time of discovering the defect. Defective parts will be repaired or replaced at our discretion.

8. Warranty exclusions
The warranty does not cover :

Normal wear and tear of parts.
Damage caused by improper use, inadequate maintenance, unauthorized modifications or accidents.
Transport costs for the return of defective products, unless otherwise agreed.
9. Returns and complaints
All product returns must be previously authorized by our services. Products returned without our consent will not be accepted. In the event of non-conformity or defect, you must inform us within 7 days of receipt of the goods.

10. Liability
Our liability is limited to the replacement or refund of non-conforming or defective products. Under no circumstances shall we be liable for indirect damage, loss of profit or any other loss suffered by the customer.

11. Mandate contracts (Consulting and/or R&D)
Mandate contracts for consulting and/or research and development (R&D) are subject to a specific agreement detailing the nature of services, deadlines and payment terms. The following conditions apply:

Commitment of Resources : SwissKH undertakes to use its best endeavors to provide the services defined in the contract. However, we do not commit ourselves to a specific result, but only to doing our best, as for mandate work in general.
Nature of services : Services may include, but are not limited to, consulting services, feasibility studies, research and development projects, and other specialized services.
Terms of Payment: Payment terms will be specified in the offer. In general, a deposit is required on signature of the contract, followed by instalments as the project progresses.
Confidentiality: All information exchanged within the framework of the mandate will be treated as confidential, unless otherwise agreed between the parties.
12. Intellectual property rights
All intellectual property rights relating to the products, services and content provided by SwissKH remain our exclusive property. Any reproduction, use or modification without our written authorization is strictly prohibited.

13. Personal data
We are committed to protecting your personal data in accordance with current Swiss legislation. Your data will only be used to process your order and to support our business relationship.

14. Reservation of title
As long as the machine, product or service has not been paid for in full, the product remains the property of SwissKH. The service and its data may not be used until full payment has been made.

15. Applicable law and place of jurisdiction
These GTC are governed by Swiss law. In the event of a dispute, the competent courts (place of jurisdiction) will be those of Porrentruy, in the canton of Jura, Switzerland.

16. Changes to the General Terms and Conditions
SwissKH reserves the right to modify these General Terms and Conditions at any time. Amendments will be applicable as soon as they are published on our website.

17. Contact
If you have any questions or complaints, please contact us at the following address:
SwissKH

SwissKH Sàrl
Rue des Neufs-Champs 17
+4132 932 11 11
info@swisskh.ch