Terms and Conditions of Sale and Delivery Pacovis AG

…with this in mind, we would be grateful if you could take a few minutes of your time to carefully read through the following Terms and Conditions of Sale and Delivery, which set out the form and scope of our services.

1. Validity

All provision of goods and services by us shall be governed exclusively by the following Terms and Conditions. Differing terms and conditions, especially those set forth in the purchasing conditions of the buyer, must be expressly accepted by us beforehand in writing.

2. Offer

Our non-binding offer of goods and services is visible on our website www.pacovis.com, our portals, e-shops, other web-based channels as well as in our catalogues and other printed matter. We reserve the right to make changes to prices and products, as well as technical changes, without notice. All offers are subject to change and are not to be understood as a binding quote. All information provided there, such as product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information are to be understood as approximate values only and in particular do not represent any guarantee of properties. All product descriptions, images, photos, text and media data originate from our manufacturers or suppliers or from ourselves and are subject to our sole right of use. We assume no liability for the content of external websites. Our provision of goods and services is intended for customers in the context of commercial transactions. For this reason, we reserve the right not to accept orders from the customer or to curtail them at our own discretion.

3. Conclusion of contract

Our offers on our website www.pacovis.com, our portals, e-shops, other web-based channels as well as in our catalogues and other printed matter constitute a non-binding invitation to the customer to order goods from us. By submitting an order (in writing, by telephone, via the internet), the customer submits a legally binding offer to conclude a contract, with which he simultaneously accepts these Terms and Conditions of Business. If we acknowledge the receipt of an order, this documents that we have received the customer’s order, but does not constitute acceptance of the offer. A contract is concluded only with our express declaration of acceptance, which is sent to the customer by e-mail (acceptance of order received), at the latest, however, with the dispatch of the ordered goods.

Should it transpire after conclusion of the contract that the ordered goods cannot be delivered either in part or in total for reasons beyond our control, we shall be entitled to withdraw from the contract in whole or in part without incurring any costs.

4. Prices

If we have not issued a specific offer, the prices in the current price list shall apply. The prices stated are net prices (excluding VAT, transport costs and other charges, e.g. customs duties). We reserve the right to adjust prices if there is a material change in the cost factors underlying the calculation of prices.

5. Packaging

We package the goods in a form that protects them from damage under normal transport conditions. If agreed, delivery may be made in special containers. Packaging is not returnable.

6. Delivery quantities

The effective quantity delivered may differ from the quantity ordered by +/- 15–20% for reasons of production; the order shall also implicitly apply to a quantity adjusted accordingly. The amount actually delivered will be invoiced.

7. Delivery

All orders will be invoiced. Deliveries will not be made on a consignment basis. Unless otherwise agreed, postage and shipping costs will be charged additionally.

8. Terms of payment

30 days net from the date of the invoice, with no deductions. Unauthorised deductions will be charged back to the buyer. The goods remain our property until the invoice has been paid in full. If the payment conditions are not honoured or if we receive an unfavourable credit report (even subsequently) for the customer, our obligation to deliver will lapse without a reminder being issued or a time limit being set. In such an eventuality, we will not accept any liability whatsoever for damages that may arise from non-delivery or late delivery. We reserve the right to deliver only against advance payment without giving reasons.

9. Notification of defects

The customer shall examine the quantity and contents of the delivery and check for any transport damage immediately upon receipt. Defects must be notified with 3 working days of arrival of the goods at the intended destination. Defects which are not apparent on immediate inspection must be reported within the same period after the defect has become apparent. Complaints do not release the buyer from the obligation to make all the agreed payments.

Every notice of defects must quote the article number, production code, designation and quantity of the rejected goods. Samples of the goods must be kept or returned to us. If the defects are substantial, we may, at our own discretion, provide a replacement or issue a credit note for the purchase sum corresponding to the defective part of the delivery.

If the further processing of faulty goods by the customer results in the complete or partial loss of production, the maximum amount refundable by us will be the cost price of the raw materials used, provided the customer did not notice and could not have noticed the defect during the further processing. Under no circumstances shall we be held liable for any business interruptions, lost profits or indirect losses resulting from inadequate or late delivery.

10. Returns

Returns are only permitted with our approval. We are not obliged to take back goods ordered in error or in excess amounts. If a return is agreed, the following rules apply:

• The return costs are always borne by the customer and can be deducted at cost from the credit amount.
• On the grounds of hygiene, we cannot take back or issue a credit note for opened, partly opened or soiled containers.
• Food items may only be returned in exceptional circumstances and in consultation with our QA laboratory.
• For returns with a net order value of less than CHF 200, there is no entitlement to a credit note.

11. Vessels and containers

We will only accept the return of goods containers and transport containers (Euro pallets, etc.) that are in good condition. We will invoice non-returned containers at cost.

12. Force majeure

Business interruptions, strikes, lockouts, rationing, delivery restrictions, disruption to shipping, traffic disruption, acts of governmental authorities, war and other cases of force majeure affecting our business or that of one of our suppliers will release us from our delivery obligation for the duration and to the extent of such disruption or entitle us, at our own discretion, to withdraw from the contract in full or in part without paying compensation for damages.

13. Data protection

We advise the customer that the data received in the course of concluding the contract may be collected, processed and used for the purpose of fulfilling the obligations arising from the purchase contract and may also be used for marketing purposes. The data necessary for the performance of the service may also be forwarded to authorised service partners (logistics partners) or other third parties at home and abroad. This may include countries outside the scope of the EU’s General Data Protection Regulation (DSGVO). Data processing is performed in compliance with the requirements of Swiss and European data protection legislation (specifically DSG and DSGVO).

14. Place of performance

The exclusive place of performance for delivery and payment for both parties in all cases is Stetten (AG/Switzerland).

15. Applicable law and place of jurisdiction

These Terms and Conditions of Sale and Delivery and all contracts entered into on the basis of these terms and conditions are subject to Swiss law, to the exclusion of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is Baden (AG/Switzerland).

Stetten (AG/Switzerland), January 2021