GENERAL TERMS & SALE CONDITIONS

All deliveries are made according to the following General Terms and Sale conditions, whose content is considered accepted by confirming our offers, order acknowledgements and invoices.

Any buyer’s purchasing conditions and oral agreements will not be taken into consideration unless a written confirmation of Dichta SA is received.
We reserve the right to refuse any order if found in breach of these General Terms and Sale conditions.

Without expressed declaration of a fixed term, our offers must be considered not to be binding. The terms and validity are mentioned in the offers. Offered prices can be confirmed for orders indicating same products and same quantities only. Prices are always quoted net, without shipping charges, based on current production costs and can be modified if important costs increases occur.
Prices mentioned in our official price list are subject to the same above mentioned terms and can be changed prior to a written confirmation of Dichta SA.

Moulds and toolings

Moulds and toolings built to fulfil customer’s requests are retained at Dichta SA’s production facilities and, unless clearly specified, remain property of Dichta SA even if partially invoiced to the buyer.

Delivery terms

Delivery terms are approximate, based on the current production capacity or stock availability. No liability shall result from delay in shipments unless agreed. We can consider an item completely delivered within an over- or under delivery of 10% of the originally ordered quantity.

Shipments

All shipments are made EXW Ex Works (as per Incoterms 2010 rules), free Dichta SA’s stock in Balerna (Switzerland). The goods travel on buyer’s risk; any liability and/or damage occurred during transportation is considered beyond Dichta SA’s responsibility. Shipments are made according to customers’ instructions. Damaged consignments should immediately be reported to the transportation company and accepted under reserve of control. Dichta SA however engages itself to provide accurate packaging, suitable for all kind of transportation.

Payment

All invoices must be paid within 30 days net from the invoice date, unless a different decision is taken and set under written confirmation. Dichta SA has the right to ask for advanced payment, whenever considered necessary. All goods remain property of Dichta SA until the payment has been fully received.
No payment should be discontinued even in case of pending claims and even if considered legitimate. In case of buyers’ late payments, Dichta SA reserves the right to claim for moratory interests.

Guarantee

Due to the very different product applications, which cannot be directly controlled by Dichta SA, no guarantee on the longevity of the products can be given. Dichta SA does not take any responsibility for damages caused to people and/or materials arisen by the malfunction of its products or by the direct or indirect incorrect utilization as well as by inappropriate storage.

Claims

Claims covering shortages or errors on shipments must be reported within 30 days after invoice date. Goods cannot be returned without authorization. Restocking charges of 30% may be applied. In case any product is doubted to have technical defects and therefore unable to meet the sealing capabilities for which it was produced, the buyer shall immediately report in writing about the claim. Upon mutual agreement the product shall be replaced within the shortest possible time.

Force majeure

Dichta SA shall not be liable for incomplete performance or failure to perform its obligations if such failure is caused by a contingency beyond the reasonable control such as fire, flood, earthquake, epidemic or other natural emergencies as well as political instability, civil unrest, riots and wars of any kind.

Applicable law

In case of failure to settle any arising controversy or dispute by negotiations, the parties shall be submitted to arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Lugano, Switzerland. The arbitral proceedings shall be conducted in English.

Dichta SA