Terms of service

General Terms and Conditions of Business
Mepa AG, Vaduz / Liechtenstein
Here in after called Mepa

1. General Terms and Conditions (AGB)
   Unless otherwise expressly agreed in writing, prices offered by Mepa are subject to change, free warehouse and exclusive of all surcharges for set-up, processing, packaging, transport, insurance, factory certificates etc. as well as the statutory value added tax. Furthermore, the right to unforeseeable increases in factory prices, alloy, raw material price and scrap surcharges, taxes, customs duties or other statutory charges shall remain reserved in any case. Delivery periods are only binding if they refer to a service level agreed with the buyer (such as 24-hour service).
    
2. Use of the Mepa internet platform
   The full functionality of the internet platform is available to customers of Mepa after registration by means of activation codes received from Mepa or Mepa partners or after Mepa has set up access to the internet platform. Mepa reserves the right to temporarily or permanently block access to the internet platform without giving reasons and without notifying the user. Information retrieved from the catalogue via the search and selection functions provided may not be stored, evaluated or made available to third parties outside the business relationship with Mepa. The reservations applicable according to clause 1 shall also apply without restriction to the prices displayed by means of automated calculation functions ("Calculate shopping basket ..." or "My price for ..."). If a price displayed in the shopping basket expressly includes processing costs, this only includes processing for which there is a technical online calculation possibility according to the publication on the Internet platform. This shall also apply without further notice if the customer has entered further, non-calculable prefabricated parts. By sending an order on the internet platform, the user acknowledges these General Terms and Conditions of Business as well as the ancillary costs and surcharges in accordance with the list published on the platform, even if these are not yet available or precisely defined in the order overview. Orders sent on the internet platform without prior enquiry or price calculation are treated as firm orders within the meaning of Art. 212 of the Swiss Code of Obligations. Any proof of deviation from the market price is the responsibility of the buyer.
    
3. Terms of delivery
   For goods ordered in m, m2 or kg, the buyer accepts a quantity tolerance of ±10% of the ordered quantity, unless expressly agreed otherwise in writing. We reserve the right to charge for leftovers. As far as applicable, the relevant DIN/EN standards as well as commercial practices for the quality of the goods, dimensional tolerances etc. shall apply. We reserve the right to special conditions of the supplier. Unless otherwise agreed, the separately notified service tariffs shall apply.
    
4. Transport
   Without special instructions of the buyer, the choice of the means and route of transport is the responsibility of Mepa. Unless otherwise agreed, the buyer will be charged the effective costs of transport according to the valid ASTAG-GU-tariff. No collection fees will be granted. The goods are always transported at the risk of the buyer. Transport damages have to be reported to Mepa immediately in writing.
    
5. Payment
   The payment period is 30 days for payment on invoice. The buyer is not entitled to make deductions of any kind on his own or to offset invoices from Mepa against his own claims. Default of payment entitles Mepa to charge a default interest of 5% per year from the date of invoice and to suspend all deliveries until the outstanding amounts have been settled. Mepa reserves the right to claim further damages.
    
6. Notices of defects
   Notices of defects can only be considered if they are made in writing within 8 days of delivery. If a batch number was communicated by Mepa upon delivery, this number must be indicated for the handling of a complaint. Items for which Mepa has an unconditionally signed acknowledgement of receipt are deemed to have been delivered in the quantity stated on the delivery note. Notifications of defects concerning the quantity delivered cannot be considered in these cases. The assessment of whether a product delivered by Mepa is defective is carried out by Mepa's supplier or the supplying factory. If no agreement can be reached with the buyer in this respect, EMPA will assess the case as an arbitrator. The costs of the assessment shall be borne by the party that is in the wrong. In case of justified complaints, Mepa has the choice of either replacing the defective goods free of charge or refunding the purchase price. All further claims of the buyer are excluded.
    
7. Retention of title
   The goods shall only become the property of the buyer upon full payment. The buyer is generally not allowed to process or sell the goods as long as he has not paid for them. If the buyer processes or sells goods contrary to this agreement, Mepa acquires co-ownership of the new product up to the invoice value of the goods. The Buyer hereby assigns to Mepa its claims arising from the resale of the goods or other added value (in particular by processing the goods) up to the invoice value of the goods.
    
8. Liability
   Mepa and Mepa's suppliers accept liability claims only in so far as they are caused by defects in the goods delivered by Mepa, are justifiedon the basis of the applicable jurisdiction and are covered by product liability insurance. The liability is limited to the amount of the guarantee sums relevant for the case of damage. In particular, Mepa does not accept any liability for delays in delivery, e.g. due to operational breakdowns, official measures or force majeure; the suitability of the delivered material for the purpose intended by the buyer; damages due to faulty processing or inappropriate use. Any further liability claims against Mepa or Mepa's suppliers, such as the passing on of contractual penalties or obligations to keep the goods free etc., are excluded.
    
9. Deviations from the general terms and conditions
   Agreements that deviate from the present general terms and conditions are only valid if and insofar as they have been accepted by Mepa in writing.
    
10. Applicable law / Place of jurisdiction
    Swiss law is applicable. Place of performance for all mutual claims and place of jurisdiction for all disputes is Vaduz/Liechtenstein.

As of 1.10.2015