General terms and conditions
from Jb & Co GmbH
1. Scope of validity
These General Terms and Conditions apply to the ordering and delivery of products of Jb & Co GmbH, Zürcherstrasse 216, 8953 Dietikon ("Jb & Co") as well as to the provision of related services.General terms and conditions of the customer which JB & Co has not acknowledged by signature are not binding.
2 Offer and conclusion of contract
Offers made online and information provided by JB & Co by telephone are not binding.Only the offer made by JB & Co in writing or by e-mail is binding. Unless otherwise agreed or revoked, the validity of the offer is three months. This does not apply to major fluctuations in exchange rates.
All documents and samples submitted with the offer remain the property of JB & Co. No third parties may be granted access to the offer documents without the consent of JB & Co.
The contract between the customer and JB & Co is concluded upon receipt by JB & Co of the order confirmation returned by the customer in writing or by e-mail or by simple written consent by e-mail. Thus, these general terms and conditions are accepted by the customer. They can be reviewed, accessed, printed or saved locally
at any time under
jbandco.ch/agb/
jbandco.ch/agb/ Additions, amendments or subsidiary agreements to the contract or the general terms and conditions are only binding if JB & Co confirms them in writing.
3. Prices and terms of payment
The prices published on the Internet or in the catalog are indicative prices excluding finishing (unless otherwise stated), excluding transport costs (ex Dietikon) and excluding any other ancillary costs and are shown exclusive of VAT. Transport and additional costs are to be borne by the customer. Additional costs caused by the customer will be charged to the customer additionally.The customer is obliged to pay the invoice amount within thirty days after invoicing, unless otherwise agreed.
In the event of default on the part of the customer, the right to claim further damages plus interest on arrears is reserved. JB & Co is entitled to carry out outstanding deliveries only against advance payment.
4.Property
Ownership of the products shall remain in full with JB & Co until full payment of all claims of JB & Co by the customer. Pledging, transfer of ownership by way of security or any other form of defense by the customer is not permitted until all claims have been paid in full.
5.Delivery
Unless otherwise agreed, the place of performance shall be at the registered office of the customer.JB & Co is entitled to make partial deliveries.
If JB & Co is in default of delivery, the customer shall only be entitled to set a reasonable grace period for delivery. If JB & Co also fails to deliver within this grace period, the customer may withdraw from the contract. Further claims of the customer from delay in delivery are excluded. Excluded from this right of withdrawal are delays in delivery due to unforeseeable, extraordinary circumstances or circumstances for which JB & Co is not responsible. The performance of JB & Co shall be deemed to have been fulfilled for partial performances that have already taken place.
If the delivery date cannot be met due to conduct on the part of the customer, the customer must reimburse JB & Co for all damages incurred by the latter as a result of the failure to deliver.
6. Excess or short deliveries
Excess or short deliveries of up to 10% of the ordered quantity are customary in the industry and cannot be objected to. The quantity actually delivered will be invoiced.
7. Risk transfer
Benefit and risk shall pass to the customer as soon as the products have been handed over to the person carrying out the transport. Any assumption of transport costs by JB & Co agreed in individual cases shall not affect the transfer of risk.
8.Samples
At the request of the customer, JB & Co will provide a neutral (unprinted) sample free of charge in the course of preparing the offer; in the case of special productions, a material sample. Due to the variety of products and suppliers that JB & Co uses, it is not possible for JB & Co to know all quality and other characteristics of the products in detail. JB & Co therefore advises against placing an order without first inspecting samples. JB & Co declines any return of goods or refund due to displeasure or the like, which could have been avoided by prior inspection of samples.
9. Print release (good to print)
Vor Start der Produktion stellt JB & Co dem Kunden ein Vorabmuster, ein Andruck, ein Proof oder eine Standskizze zur Druckfreigabe zu. Bei der Druckfreigabe hat der Kunde die letzte Möglichkeit, Korrekturen – gleich welcher Art – vorzunehmen. Stellt er keine Fehler mehr fest, erklärt er den Auftrag für druckreif (Gut zum Druck). Für alle beim Gut zum Druck nicht monierten Fehler haftet der Kunde vollumfänglich.
10. Warranty
The customer must inspect the products delivered by JB & Co within five days of receipt and immediately notify JB & Co in writing or by e-mail if he wishes to derive rights from defective performance of the contract. If the customer fails to give notice within this period, the products shall be deemed to be free of defects and the delivery shall be deemed to have been approved. Hidden defects must be notified immediately after discovery. Claims under warranty for defects in the Products shall become time-barred one year after delivery of the Products to the Customer, even if the Customer discovers the defects at a later date.
Defective goods will be replaced (replacement delivery) or repaired (rectification) by JB & Co at its own discretion. The customer has no right of withdrawal. Instead of replacement or repair, JB & Co may, at its own discretion, grant a price reduction corresponding to the reduction in value. If the manufacturer of the goods provides a warranty, JB & Co may assign its claims against the manufacturer of the goods to the customer in the event of defective goods.
Excluded from any warranty are defects for which JB & Co is not responsible, such as in particular as a result of force majeure.
11. Liability
Any contractual and non-contractual liability of JB & Co towards the customer for direct and indirect damages, including but not limited to loss of profit, is excluded to the extent permitted by law.In particular, the liability of JB & Co for auxiliary persons is also completely excluded (Art. 101 para. 2 CO).
12. Intellectual property
The customer acknowledges explicitly that the intellectual property (in particular copyright, design, etc.) of all work results/products created by JB & Co within the scope of the order (incl. drafts, proposals, sketches, etc.) remains with JB & Co. This also applies to all variants not chosen by the customer. These remain the property of JB & Co and may not be used by the customer without prior written consent from JB & Co.
JB & Co retains all copyrights and other rights to the Website and the content, information, images, videos and databases published via the Website ("Protected Property"). Any modification, reproduction, publication, disclosure to third parties and/or other exploitation of the Protected Property - even in part - without the prior written consent of JB & Co is expressly prohibited.
13. Confidentiality / data protection
The customer undertakes to maintain confidentiality regarding the agreed contractual conditions (in particular the prices).JB & Co and any commissioned third parties undertake to maintain strict confidentiality about all information from the sphere of influence of their customers that comes to their knowledge in connection with their services.
JB & Co may publish its activities for a customer for advertising purposes in its own publications (online, print) or in publications of third parties after consultation with the customer concerned.
Acquisition and sales discussions may be listened to in order to ensure proper service and for training purposes. A recording of the conversations will not take place under any circumstances.
14. Salvatory clause
If individual provisions of these general terms and conditions or further agreements between the customer and JB & Co prove to be invalid or unenforceable, the entire contractual relationship shall not become invalid, but the provisions in question shall be replaced in a meaningful manner by legally valid ones.
15. Applicable law and place of jurisdiction
These General Terms and Conditions as well as the contract between the customer and JB & Co shall be governed by Swiss substantive law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).The exclusive place of jurisdiction for all disputes arising from this contract and these general terms and conditions is Dietikon.
JB & Co GmbH
Status of these general terms and conditions: April 17, 2022
If you have any questions about the terms and conditions, please write us an E-Mail or contact the responsible person in our organization directly.