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Terms and conditions

General information
The contractual terms listed below apply to all exchange, service, plant delivery, plant and similar contracts which we conclude with the acceptance of our good and services or intend to conclude.
Any deviating contractual obligations only obligate us to the extent that we have accepted them explictly and in writing or to the extent that they correspond to compulsory laws. In principle, terms of purchase of the Buyer do not obligate us
to do anything even if we do not explicitly object. Upon granting the contract, the Buyer accepts the existing General terms of sale and delivery

Prices, Offers
The invoices are to be paid net at the latest within 30 days after the invoice date without any discount. After expiry of this period of time, Sterki AG is entitled to charge interest on arrears of 6 %. The retention of payments
due to any claims by the Buyer and offsetting with any counter-claims is precluded. The same terms apply in the case of partial deliveries

Retention of title
The merchandise remains the property of Sterki AG until full payment is provided. It has the right to enter the rention of title in the relevant registry at the expense of the Buyer..

Delivery terms
All deliveries are on account and risk of the Buyer. Any damage claims or cancellation of the order due to aa delay in delivery cannot be recognised. Sterki AG is not obligated to ensure the merchandise against transport damages. If no other written agreement to the contrary has been made, shipments are sent FCA, i.e. upon leaving the Wolfhausen factory, the hazard or the transfer of risk lie with the Buyer. We reserve the right to perform partial deliveries and to bill them separately. If the delivery is suspended upon request of the Buyer, Sterki AG is entitled to adapt the prices based on the order.

Complaints
Complaints are to be made immediately after the arrival of the merchandise, otherwise the delivery is considered accepted. Shipments with all transport damages are to be accepted on condition and are to be reported to the relevant transport companies to record the
facts of the transaction within the period of time required by law. We are only liable for defective materials to the extent that Sterki AG can choose to either return the delivered parts or performed service or redeliver. A claim for a conversion or a reduction only applies if the defects cannot be remedied. The warranty does not include the reimbursement of incidental costs such as installation and disassembly costs, transport and follow-up costs etc. All verbal and written information on the installation and use of our products are provided to the best of our knowledge without certain liabiity. Any damage due to negligence and improper handling of the
damaged causes are not covered. Otherwise, the warranty provisions of the respective manufacturers apply. In principle there is no entitlement to a warranty.

Returns
In general, the following applies: Returnd or exchanges can only be made if this was agreed upon by us in return. We require the delivery note or the invoice copy for all returns. In addition, each return must be
justified! Only undamaged and non-assembled parts in the original packaging can be returned. Opened sets are not returned. Extra parts ordered for the Buyer as well as special products cannot be returned. Costs for returns are assumed by the sender.

Warranty period
The warranty period is 12 months. It begins with the departure of the deliveries from the plant. If shipping is delayed for reasons which are beyond the control of Sterki AG, the warranty period ends at the latest 18 months after the confirmed delivery date.. In the case of services, the warranty ends after the services performed are terminated and this takes 12 months. Upon expiry of the original warranty obligation according to the previous paragraph for replaced or repaired parts The warranty is completely invalidated if the Buyer or third pary makes improper changes or repairs or if the Buyer does not immediately take the appropriate measures to reduce damages if a defect occurs and does not give Sterki AG the opportunity to
remedy the defects. 

Liability for defects in materials, structure and execution
With the exclusion of other claims, Sterki AG is obligated at its discretion to remedy or replace all parts of the deliveries from Sterki AG which can be proven to be unusable due to poor materials, a defective structure until the expiration of the warranty period as quickly as possible upon written request by the Buyer.

Replaced parts are the property of Sterki AG. Sterki AG shall assume the costs incurred for the remedy. The costs of the replacement and the remedy outside of the Sterki AG plant are assumed by the Buyer
if no written agreements to the contrary have been made. We are only liable for defective materials to the extent that Sterki AG can choose to either return the delivered parts or performed service or redeliver. The warranty period does not include the reimbursement of incidental expenses such as installation, disassembly, transport and follow-up costs etc.
With the exclusion of other claims, Sterki AG is obligated at its discretion to remedy or replace all parts of the deliveries from Sterki AG which can be proven to be unusable due to poor materials, a defective structure until the expiration of the warranty period as quickly as possible upon written request by the Buyer.
.
Liability for promised properties
Is only assumed for those properties which are explicitly designated as such in the order confirmation. The promise applies at the longest until the expiry of the warranty obligation unless a lonfer period of time
was guaranteed. If the promised charactertistics have not been provided or only provided in part, Sterki AG is entitled to to perform work to remedy the situation. To do this, the Buyer must provide AG with the required time and opportunity
. If this remedy is not successful or is only partial, the Buyer is entitled to a reasonable reduction in the price.

Exclusions of liability for defects
Excluded from the warranty and liability of Sterki AG are damages which do not result from poor materials, a defective construction or deficient 
design, e.g. damages due to wear (such as through breakage and general wear as well as overload, weather conditions, air pollution, EMC), deficient service, failure to follow operating regulations, excessive stress, inappropriate operating materials, chemical or electrolytic effects,
interference with other products, systems or services and due to other reasons which are not the responsibility of Sterki AG.

Deliveries and services of sub-suppliers
Sterki AG only assumes a guarantee for deliveries and services which are prescribed by the Buyer as part of the warranty requirements of the relevant sub-suppliers of the warranty obligations.

Exclusion of the warranty claims
The Buyer cannot derive any rights or claoms due to defects in the material, structures or model and due to a lack of promised properties,
particularly for conversion or reductions except the defects.
Liability for secondary obligations
Sterki AG is only liable in the event of illegal intent or gross negligence for claims by the Buyer due to improper consultation and similar. actions in the event of illegal intent and gross negligence.

Credits
We credt the full account for parts which are delivered by us which are wrong or defective including postage and packaging if they are returned within 8 days. We reserve the right to deduct a 
rewarehousing fee We credit parts which are incorrectly ordered by you or have other reasons for returns with a rewarehousing fee of 20% The postage and packaging costs
are charged to you. Electromic components are not returned; no return possible. Returns with a value under CHF 20.00 — cannot be credited for cost reasons.

Place of performance and jurisdiction
Wolfhausen is considered the place of performance and jurisdiction.

Final provisions
Exclusively Swiss law applies to all disputes; jurisdiction is Wolfhausen. If individual provisions of these General terms of business are not valid, the validity of the remaining provisions is not affected.

Wolfhausen, August 2009