§ 1 Scope of Application
Delivery, performance and offers are subject to the following terms and conditions. They also apply to all future business relations even if they are not expressly agreed again. Conflicting terms and conditions of the buyer or any third parties are expressly excluded.
§ 2 Offers and Contracts
Offers, brochures, advertisements, etc. are not binding and also the prices contained therein. Only valid is the current price list. A binding contract is concluded by a written confirmation of the REFA International. In the absence of such written confirmation, the contract will be achieved by written order of the buyer and the issued invoice of REFA International, or by acceptance of goods or services by the purchaser or a third party authorized to do so. Contract amendments must be in writing if they are primary obligations of both parties. Obvious calculation and typographical errors entitle the REFA International to correct these, even with already issued invoices.
§ 3 Lack of Capacity
The buyer bears any loss or damage resulted from lack of capacity to act of his person or third party, unless the restriction of the action and the corresponding names and addresses of his authorized representative has been notified in advance of the REFA International in writing.
§ 4 Errors arising in the transmission of messages
The damage resulted from the use of postal, telegraph, telephone, telex, fax, E-mail and other communication or transportation centers, especially from loss, irregularity, delays, misunderstandings, mutilation or double copy is solely borne by the buyer.
§ 5 Prices
Unless otherwise specified, prices remain binding. The prices are inclusive of statutory value-added tax.
§ 6 Delivery and payment time
Delivery dates and deadlines are binding, if this was specifically agreed in writing expressly. Otherwise, all delivery dates or deadlines are not binding.
§ 7 Failure of the supply obligation
The supply obligation of REFA International is void, if circumstances beyond control occur, which make the supply impossible or substantiallymore difficult, e.g. regulatory actions and dispositions, partial or complete quiescence of the delivering factories, strikes and public disturbances, loss of personnel due to illness or death. The obligation of the REFA International shall be forfeit particularly if it precluded by the force majeure. The Buyer does not have the right to compensation for damages in all cases.
§ 8 Guarantee
The REFA International guarantees that the sold service will be provided with the best knowledge and belief. A liability for made statements in the context of the seminars or counseling is expressly excluded. The REFA International does not provide legal advice.
§ 9 Retention of Title
The REFA International reserves the right to ownership until all claims that entitled to the REFA International for any legal reason against the buyer.
§ 10 Payment
Unless otherwise agreed, all invoices of REFA International shall be paid immediately after the invoicing date without any reduction. Cash discounts are not provided in the calculation of the REFA International, so the early payment will never be entitled to a discount. In cases where no payment is made by the end of the payment period, the buyer shall be in default in particular without an explicit reminder. The REFA International is entitled to offset payments against older debts, first of all for costs, then for interests and at last for the principal claim. If the buyer is in default, the REFA International is entitled from this point to charge interest amounting to 9 %. If the REFA International has granted the buyer a right of partial payment in writing, and it is in default in payment of an installment for more than 7 days, the outstanding total sums including all interest and expenses fall due for immediate payment.
§ 11 Withdrawal
The REFA International is entitled to withdraw except for the legally-specified named cases, if there is an objective justification.
§ 12 Severability clause, Jurisdiction
If any provision of these general terms and conditions or any provision within the frame work of other agreements is or becomes invalid, the validity of the remaining provisions or agreements shall not be affected hereby. The regulation, which comes closest to the purpose sought by the respective in effective clause, steps in its place.
§ 13 Applicable Law and Jurisdiction
The legal relations between the REFA International and the buyer shall be governed by the substantive Swiss law, even if the buyer's registered offices are abroad.Where permitted by law, place of performance, place of operation and the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship, is the seat of REFA International. It also has the right to institute proceedings against the buyer before the competent court at the domicile of the customer or before any other competent court.
General Business Terms and Conditions (AGB) of
REFA International
Vic. Ponte Vecchio 3-5
CH-6600 Locarno
