Our general terms of service
1. Scope of application
These general terms of service of Selfix AG (Selfix) apply for all orders and other requests, as long as Selfix and the buyer have not agreed otherwise in written form. In case of conflicting terms of service between Selfix and the contracting party, the terms of service of Selfix will apply.
2. Product check by the buyer
The buyer shall be responsible for the verification of the suitability of the Selfix-product to be acquired for the desirable application before the conclusion of the contract. Any and all information and advice by the Selfix customer support count only as non-binding recommendations and do not free the buyer from making and independent preliminary inspection of the products suitability. If needed, Selfix will provide samples for these preliminary tests.
3. Custom products
Custom products are produced based on the guidelines of the buyer. Decisive for this is the “good to print”. In the case that Selfix is required to produce printing materials (such as prepresses, films or printing plates) or tools for a custom product, the buyer will be charged the production costs of these separately. Additionally, beforementioned printing materials and tools remain property of Selfix in any case. They will be kept for a maximum of three years without notice of the contrary by the buyer after the last order. Over or under delivery of maximally 10% are allowed due to production conditions. The actual delivered amount will be charged for. The buyer obligates himself to preserve intellectual property rights of third parties. He obligates himself to hold Selfix harmless in the case of third party claims regarding violations of intellectual property.
4. Delivery times
The delivery dates confirmed in the order confirmation are approximate dates. In the case that assured delivery dates cannot be met, the customer will be informed by Selfix. Withdrawal from the contract due to time reasons is not possible. If an order is annulled, then the buyer will be charged for 20% of the buying price, at least CHF 100.- however, as well as the costs for possible preliminary work such as drawings, tools, samples, etc.
Contract conclusions are orders with phased deliveries and an agreed upon maximum runtime. If no concrete delivery dates are agreed upon, then the delivery will take place on demand of the buyer. Rest amounts will be delivered to the buyer one month after the expiration of the maximum runtime with announcement.
The prices are determined individually and are understood as net prices including VAT and possible delivery or transportation costs.
6. Handover of usage and risk
Usage and risk go over to the buyer as soon as the delivery is ready. Selfix retains the right to choose the transport method so long as the delivery date is kept. Possible express costs and extra expenses due to partial delivery fall to the customer. Goods travel at the customers risk. Any transport damages are to be reported to the transportation company immediately. Claims from delayed delivery by the transport company are denied.
7. Obligation of inspection by the buyer/notice of defects
The buyer is obligated to inspect the goods without delay upon delivery and to notify the producer about any defects within 8 days in written form and with mention of the reasons. Delay brings with it forfeiture of any defect rights. In cases of a justified and timely reprimands Selfix is entitled to choose between either carry out a replacement delivery or to reimburse the purchase price against return of the goods. The returning of goods without prior approval of Selfix are not permitted and are will not be expected. Extensive material defect claims of the buyer are ruled out. For coloured prints marginal differentiations in colour do not count as defects. Warranty claims become time-barred one year after delivery of the goods in any case.
8. Payment period / Delays
The invoice amount is to be paid without discount deduction within 30 days after the receival of the invoice. In the case of delay an interest for late payment will be charged additionally. Any collection costs fall to the buyer.
9. Exemption from liability
Selfix denies all liabilities, so long as it is permitted by law. This exemption from liability applies namely, but not exclusively, to direct damages or consequential damages which were caused by the usage of the goods acquired by the buyer either to the buyer himself or any third parties. In the case of liability, the liability sum is restricted to the value of the goods.
10. Applicable law / Court of jurisdiction / Place of fulfillment
This contract is subject to swiss law. Exclusive court if jurisdiction for any disputes from this contract is Zurich. As place of fulfillment the seat of Selfix applies.