GTC-General Terms and Conditions
1. General / Validity
For all contractual relations (offers, quotations, sales, deliveries and services ecc.) between the customer and the company TOPOLINO CASAGRANDE – the Terms and Conditions (GTC) set forth herein below shall apply exclusively, unless contrary to any statutory provisions or otherwise expressly agreed in writing) This shall also apply to all future business relations, even if they are not expressly agreed again. Owing to placing an order, the customer agrees and accept our GTC. We don’t recognize GTC of our trading partner, except that previously we have provided written consent.
2. Offer
Our offers and prices are not binding and can be adapted where required. Unless otherwise agreed, the prices are net excluding VAT, taxes, customs clearance and shipping. Text and pictures are not binding. Especially in the provision of used parts can exist variations in state. If necessary, the state of
offered part will be explained and pointed out of faults.
3. Delivery, terms of delivery
Postage’s usually are effected by the most favorable dispatch type/resp. as agreed (elected by customer’s request). Shipment of the parts is at the risk of the purchaser. With consideration of assignment arrangement, delivery terms (mail administration etc.), and order processing, stock items are ready to dispatch at once. In case of parts on order to provide, delivery terms will take more time.
Requirement for success delivery of the favored part is it’s availability on market.
4. Warranty / guarantee
We guarantee and put at the disposal of the buyer, that the good at consignment is free of material- or manufacturing defects. Concerning the used part, its effective condition is already respected in proposal. In revised parts (exchange components) or well stored original parts of ancient stocks, recognized certain variations cannot be strictly excluded. The buyer / resp. lover of ancient vehicles which place an order with us is awake that an ancient (classic) car is not in currently state of the art. Also and certainly he accept, that he take at one’s own risk. In the case of a complaint this applies to be considered with a certain tolerance. Our responsibility under this warranty extend never more than the guarantee of the manufacturer of the whole or partial product, insofar as the fault has been determined in the space of 6 month after consignment and if it points out a fabrication or material defect. The warranty does not cover used parts and fair wear and tear. If our operating and maintenance instructions are not followed, if it would have made modifications, use of noncompliance consumption items or material, the warranty will not take, if the fault is attributed to this. This also applies if the defect is due to improper use, storage and handling of the item.
5. Complaints / Complaints
On arrival of the consignment, the customer has to check the package to external damage and in such cases immediately to notify the delivery service. The goods must immediately be checked for defects.
In the case of evidence defects the customer must make us a notice in writing within five working days. He will also report within a reasonable period, in case of hidden defects. Otherwise the warranty is not applicable. Complaints and assertion to claim damage must be directed to the supplier. He checked the defect or the damage and only he determine how to proceed. Unless otherwise expressly agreed, in general TOPOLINO CASAGRANDE doesn’t recognize verification or removal of defects by third partys. The guarantee amounts, unless otherwise stated, 6 - 12 months after delivery. For complaints, the purchase date with invoice must be tendered. The article being claimed must be returned together with a copy of the invoice. Before returning goods from abroad TOPOLINO CASAGRANDE has to be contacted in order to discuss about clearing formalities.
6. Returns
We accept returns only after prior agreement and approval within 10 working days. Returns must be shipped to our address. The goods must be undamaged and unused, i.e. in resalable condition. Goods which have been specially procured for the customer can not, or can only be returned by prior arrangement. Shipping and any other costs are at expense of the customer.
7. Replacements
Unless otherwise agreed, replacement parts (exchange std.) are generally provided only against pre consignment of the old part (assembly) or a bailment of an assigned value. Prior subject to agreement concerning the clearing formalities the old parts (replacement in exchange std.) must be sent us in usable, clean and complete state. Any damage, contamination by oil or missing items of the replacement unit will be charged to customer’s account. It is subject of solely responsibility of TOPOLINO CASAGRANDE or theirs authorized to evaluate, if a replacement part is suitable for rebuilding. In the case, that the replacement part is useless, the customer has no claim for refund, and his old part will be returned to him at his own cost and risk.
8. Retention of title
Until full payment the goods remain in property of the company TOPOLINO CASAGRANDE, Feldmattstrasse 10, CH-6032 Emmen.
9. Terms of payment
Prepayment is required for new customers, unless otherwise agreed. Is the credit guaranteed, delivery can be effected on account. Deliveries abroad are always against prepayment. A payment is considered happen, after enter in account. Small orders are very expensive, so we reserve the right to charge a handling fee of CHF 10.00 net for orders under CHF 50.00 (net).
10. Limitation of liability / warranty
Our liability for delivered products extend at most until the invoiced good’s value or replacement of products. Further warranty claims as the replacement of defective parts, we cannot grant. Excluded from liability are all additional costs such as mounting, painting, travel expenses etc., as well as all expenses for inconvenience. Compensation for consequential loss in application of spare parts supplied, liability is disclaimed.
11. Jurisdiction
All legal relations between the customer and TOPOLINO CASAGRANDE shall be subject to Swiss law. The domicile of the contractor, 6032 Emmen, respectively District Court Hochdorf is exclusively jurisdiction for all disputes arising from the contract, directly or indirectly resulting in disputes. The contract shall be subject to the Swiss Code of Obligations (CO).
13. Acceptance
The contractor (client / buyer / customer) hereby certifies that he has read the above Terms and Conditions, and confirm their accept.
14. Original text
The General Terms and Conditions are published in German, French, Italian and English. In the event of contradictions, the German version shall be authoritative.
TOPOLINO CASAGRANDE
Ezio Casagrande
Feldmattstrasse 10, CH-6032 Emmen
Tel +41 (0) 41 260 45 06
Fax +41 (0) 41 260 45 10
e-mail: casagrande@topolino-parts.com
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Ezio Casagrande Feldmattstrasse 10 6032 Emmen Tel 0041 41 260 45 06 Fax: 0041 41 260 45 10 casagrande@topolino-parts.com
