Valid from: 01.11.2020
General Terms of Sale
Validity: 1 February 2020 (v1.1)
§ 1 APPLICATION
(1) These general terms of sale (“Terms”) apply to any and all supplies in which Tecnos SA, the company that operates the site https://shop.projectmaterials.com (hereinafter “Projectmaterials” or “Shop”) is the vendor, including those concluded online via the Projectmaterials website. These terms are an integral part of any contract. By placing an order, the customer declares to have read, understood, and accepted our general terms of sale. With the receipt of the goods or the giving of a shipping permit, these conditions are at the latest considered accepted.
(2) We do not accept the terms of the purchase of our Customers. Such terms, when and if existing, and even if transmitted together with an order to Projectmaterials, do not apply to our contracts, even if Projectmaterials has not objected to their validity explicitly.
§ 2 OFFER AND CLOSING OF CONTRACT
(1) Projectmaterials is not obliged to sell the products advertised on their website. Any technical and commercial offer is non-binding and Projectmaterials may accept or reject orders for such products. We may generate automatic order confirmations upon receipt of an online order, but we reserve the right to cancel them at any time.
(2) Employees of Projectmaterials are not authorized to make binding declarations for Projectmaterials, even in written form (example sale chat), unless they are registered, company Directors. Further, oral commitments by Projectmaterials before entering into a sales agreement are not legally binding, and oral agreements of the parties are replaced by the written contract, except where it is explicitly ruled that they remain in force.
(3) Additions and amendments to agreements made, including these Terms are only effective if made in writing. With the exception of directors and authorized officers employees of Projectmaterials are not authorized to enter into any deviant verbal agreements. For the written form it is sufficient to have facsimile transmission or email.
(4) Projectmaterials retain ownership or copyright on any document transmitted to third parties, including customers, like drawings, diagrams, calculations, information, catalogs, models, tools, and other technical or commercial documents. The customer may not hand this property or contents of it to third parties, publish them, or have them published by third parties, use or reproduce them without the express consent of Projectmaterials. The customer shall return these documents upon request.
§ 3 PRICES AND PAYMENT
(1) The prices shown on the Projectmaterials site are in EURO, ex-works Switzerland, unless otherwise specified at order check out, and include only the product, as described on the product page, with a standard package (example cardboard box, pallet, etc). Prices DO NOT include any of the following: VAT, import duties, levies and other local taxes of any sort and type, special product features, shipping costs, third-party inspections, special documents (installation manuals, operating manuals, legalized invoices, EUR1 certificate, special mill test certificates, certificate of origin). Shall any of such charges arise upon import, the Buyer is solely responsible.
(2) Offsetting by the customer or the withholding of payments due to claims are only permitted where the claims are uncontested or bindingly ascertained and due.
(3) Invoices are payable before shipment without any deduction unless otherwise agreed in writing. For the date of the payment, the date of receipt at Projectmaterials is decisive. In case the customer does not pay when due, an interest of 5% percentage points above the base interest rate will be added to the amounts outstanding from the date of maturity; the right to claiming higher interest rates, and further damages in the event of default remains unaffected.
(5) The customer is not entitled to transfer its rights under a contract with Projectmaterials, without prior consent by Projectmaterials.
§ 4 QUALITY AND QUANTITY
(1) Projectmaterials supplies products that conform to internationally recognized standards only (mainly ANSI, ASME, API). The products do not conform to any other special requirement, norm, technical class, and are not localized depending on the country of destination. Customers, and not Projectmaterials, shall ensure that purchased products suit the application and clarify any technical aspect before placing an order. The fact that a purchased product does not comply with a local standard does not give the Customer the right to return.
(2) Any technical information about the products sold by Projectmaterials (e.g. weights, measurements, values in use, handling, tolerances, and technical data like drawings and figures) are only approximate and for reference only. Such information shall not be considered as guaranteed characteristics, but descriptions or identifications of standard goods. The same applies to product images published in the Projectmaterials shop.
(3) Declarations made by Projectmaterials to the customer on the nature and durability of the goods on top of the legal warranty rights are only a “quality and durability guarantee” if Projectmaterials has expressly designated it a “guarantee”.
§ 5 RIGHT OF WITHDRAWAL IN CASE OF IMPOSSIBILITY OF PERFORMANCE
(1) Projectmaterials is entitled to cancel the contract (even if confirmed) with no penalty: a) if Projectmaterials suppliers fail to deliver the order products; b) if the delivery is jeopardized due to reasons beyond its sphere of influence, such as strikes, lockouts, breakdowns without fault, government intervention, political turbulence, war, war-like conditions, force majeure.
(2) In case an order is canceled, Projectmaterials shall inform the Customer promptly and reimburse any paid amount, without penalties or interests.
§ 6 DELIVERY AND DELIVERY TIME
(1) The terms and dates for deliveries and services, announced by Projectmaterials, are only approximate. Projectmaterials is not liable for any delay with respect to such estimated dates. We do not accept any penalty for delayed deliveries, for whatsoever reason.
(2) The delivery commences only after the receipt, in full, of the price of the order (the day after the receipt of payments by credit card or by bank transfer), not from the date of the order.
(3) Projectmaterials shall not be liable for the inability to deliver or for delays in delivery caused by force majeure or similar events (e.g. breakdowns of any kind, difficulties in material procurement, transport delays, strikes, lawful lockouts, lack of laborers, energy, or raw materials, difficulties in obtaining necessary regulatory approvals, regulatory actions or lack of, incorrect or late delivery by suppliers, political turbulence, war, war-like conditions). For obstacles of temporary duration, the delivery or performance dates are postponed to the extent of the time of the impediment plus a reasonable start date. In case of substantial delays, Projectmaterials may accept an order cancellation if it does not cause a negative financial impact.
(4) Projectmaterials shall be always entitled to execute partial deliveries.
(5) Projectmaterials liability in case of delivery delays is limited pursuant to § 8 of these General Conditions (the maximum value is the order value).
(6) Projectmaterials is entitled to increase or decrease the amount of the goods delivered and adjust their price accordingly, in line with industry practices.
§ 7 PLACE OF PERFORMANCE, SHIPPING, PACKAGING, TRANSFER OF RISK, ACCEPTANCE
(1) Place of performance for all obligations under the contract in the office of Projectmaterials unless otherwise specified.
(2) The delivery and the packaging are subject to the reasonable discretion of Projectmaterials. The goods are, unless otherwise expressly agreed, delivered with standard packaging, without rust protection.
(3) Projectmaterials accepts only the CPT Incoterm (Carriage Paid To), other delivery terms are not accepted. Customer, and not Projectmaterials, is responsible for any inbound logistics operation from the point of delivery to the warehouse or the site (for example, from the airport Terminal to the construction site).
(4) Storage costs after the risk is transferred from Projectmaterials to the customer shall be borne by the Customer. If goods are stored by Projectmaterials or its partners, storage costs amount to 1% of the invoice value per week. Projectmaterials keeps the right to claim and prove additional or lesser storage costs.
(5) The shipment shall be insured by Projectmaterials only at the express request of the customer and at his own expense against theft, breakage, transport, fire and water damage, or other insurable risks.
(6) The goods are considered accepted by the Customer if no non-conformity report is issued within 15 days from the date of receipt. Consult the Return and Refund Policy to learn more about this topic.
(7) Incoming goods are to be accepted by the purchaser, even if they have minor defects, regardless of the rights under § 8.
(8) The customer undertakes to dispose of the packaging at its own responsibility and at its own expense.
§ 8 WARRANTY AND DEFECTS
(1) The warranty period is one year from delivery.
(2) If goods are found defective within the validity of the warranty, Projectmaterials is entitled to decide, within a reasonable time, between repairing or replacing the goods.
(3) The warranty does not apply if the customer manipulated the product in any way. The warranty is automatically terminated upon such circumstances.
(4) We assume no responsibility for damages, which fall within the responsibility of the customer, especially due to the following reasons:
• Incorrect assembly or commissioning by the customer or a third party,
• Incorrect order details and standards in relation to the proposed use,
• Natural wear and tear,
• Faulty or negligent treatment, unsuitable operating materials, replacement materials, chemical, electrochemical or electrical influences, provided they are not caused by us,
• Assembly and commissioning with knowledge of the defectiveness of the products.
§ 9 INDUSTRIAL PROPERTY RIGHTS
Unless otherwise agreed, Projectmaterials is obliged to deliver the products unencumbered by intellectual property rights and copyrights of third parties only in the country of the place of use. Each party will notify the other party immediately in writing if they face any claims of infringement of such rights. Any claims for compensation by the customer are subject to the restrictions of § 10 of these Terms.
§ 10 LIABILITY FOR DAMAGES AND EXCLUSION OF RESPONSIBILITY FOR CONSEQUENTIAL DAMAGES
(1) The liability of Projectmaterials for damages, for whatever reason, in particular impossibility, delay, defective or incorrect goods, breach of contract, breach of duty in contract negotiations and an unlawful act, as far as it is in matters of fault, is limited in accordance with this paragraph.
(2) Projectmaterials is not liable for fitness for purpose.
(3) In no event shall Projectmaterials be liable for any punitive, exemplary or other special damages, or for any indirect, incidental or consequential damages (including lost profits or a lost business opportunity), in each case arising under or in relation to its contracts, whether arising under breach of contract, tort or any other legal theory, and regardless of whether Projectmaterials has been advised of, knew of, or should have known of the possibility of such damages. In no event shall this be deemed to have failed of its essential purpose.
(4) If through actions or omissions of the Customer or of persons employed or appointed by Customer to perform any of its obligations, personal injury or damage to the property of third parties occurs and if a claim is made against Projectmaterials, then Projectmaterials shall be entitled to take recourse against the Customer.
§ 11 RETENTION OF TITLE
(1) Projectmaterials reserves the ownership of the goods until they have been paid in full. If delivery has happened before the receipt of the payment, Projectmaterials is entitled to a return.
(2) The customer’s right to possess the goods expires in case payment is not executed as due.
(3) As long as the ownership has not passed to the Customer, the Customer is obliged to treat any received goods with care. In particular, they should be ensured at the replacement value against theft, fire and water damage. Projectmaterials shall immediately be informed by the Customer in case of a seizure or other interference by third parties.
(4) The customer may neither pledge the delivery item nor assign it to security.
§ 12 FORWARDING, TRANSPORT, INSURANCE
(1) Projectmaterials shall be notified of special requirements regarding forwarding, transport, and insurance at the time of the order, and not later.
(2) The Customer, not Projectmaterials, shall be responsible for ensuring the goods in transit or deposit against risks of any sort. Even when an insurance policy is stipulated by Projectmaterials, it is always at Customer’s expense and risk.
§ 13 HARMLESS CLAUSE
The exclusion of liabilities as stated in § 13 of these General Terms & Conditions of Sale shall extend to the manufacturer’s liability. Thus, Projectmaterials shall not assume any manufacturer’s liability vis-a-vis the Customer for the products supplied under the contract. If any client of the Customer were to claim damages from the Customer for the manufacturer’s liability, the Customer hereby waives any right of recourse against Projectmaterials. If clients of the Customer were to claim damages directly from Projectmaterials for manufacturer’s liability, the Customer shall hold Projectmaterials harmless and indemnify it of any such claim.
§ 14 RETURNS POLICY
Returns are possible within 15 days from the receipt date of the goods and only if the goods we delivered differ, substantially, from the description given on our online store (any clarification, when in doubt, shall be obtained before placing orders). If 15 days have gone by since the receipt of the goods, unfortunately, we can’t offer you a refund or exchange.
To be eligible for a return, your items must be unused, and in the same condition that you received them (brand-new). They must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer or the source of the materials.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned items. We will also notify you of the approval or rejection of your refund. If a refund is approved, then it will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 15 days.
If you haven’t received a refund within 15 days from our acceptance of your return, check first with your Bank, if you paid by transfer, or your credit card processor if you paid by credit card. There is often some processing time before a refund is posted, both on bank accounts and credit cards.
If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.
We only replace items if they are defective or damaged, and as foreseen by our General Terms of Sale. If you need to exchange it for the same item, send us an email at [email protected] and send your item to the address we will agree upon beforehand.
To return your product, contact us to agree on the return location (we may reject any product returned to a non agreed address).
You will be responsible for paying for your own shipping costs for returning your item (even in case of exchanges). Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you are based, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over 100€, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
§ 15 FINAL PROVISIONS
(1) Any contract stipulated by Projectmaterials is subject to the laws of Switzerland only. Other Jurisdictions do not apply. Legal actions shall be addressed to the Court of Lugano, Switzerland, only. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
(2) Should a provision of these Terms (or other contractual documents) be wholly or partly invalid, the parties shall jointly seek an arrangement having a legal and economic effect similar to the invalid provision. The invalidity, in whole or in part, of any provision hereof, shall not affect the validity of the remainder of such provision or of any other provision hereof.
(3) The customer shall not re-export Projectmaterials materials to Iran, South Sudan, Cuba, North Korea, Birmania and any other country which is under EU or US embargo.
Projectmaterials can modify, amend, and update the Terms at any time and discretionally, without obligation to inform Users, by updating this webpage. Any change is effective as published and applies, in full, to any existing or new User and retroactively to the largest extent possible by Law. The User that continues to use the Site after an update is bound to the new Terms.
operated by Tecnos SA
Via S.Balestra, 10
6900 Lugano Switzerland
+41 91 234 75 10