AGB
General Terms and Conditions
The following terms and conditions shall apply to our quotations and order confirmations, unless otherwise agreed in writing with you in individual cases. All agreements made verbally and over the phone require written confirmation in order to be binding. General terms and conditions of the purchaser that contradict our general terms and conditions of delivery shall only become part of the contract if we acknowledge these general terms and conditions of purchaser in writing.
1. Quotations, order acceptance
Our quotations are non-binding. They only become binding for us upon our written order confirmation. A deviation of +/- 10% in relation to the order quantity remains reserved and will be taken into account accordingly in the invoicing. Unless otherwise specified in writing, prices mentioned in quotations are valid for three months.
2. Prices
Our prices are binding with regard to the quantities expressly listed and the type of execution. Additional deliveries as well as subsequent changes requested by the purchaser shall be charged separately. Unless otherwise agreed in writing, all prices are net and exclusive of VAT.
3. Order
With your order, we shall receive the ready-to-implement drawings or corresponding documents.
4. Terms of payment
The place of performance is Gontenschwil. Payments must be made within 30 days without any deduction, unless a special agreement has been made in writing.
5. Delivery period
The delivery period is calculated from the point of our order confirmation, if applicable from receipt of all information and documents necessary for the execution of the order or from your last change. We shall take the best possible care to ensure that the delivery deadline is adhered to, without any liability whatsoever for any delays that may occur and their consequences. Exceeding the delivery deadline does not entitle the purchaser to cancel the order or to claim damages against us.
6. Shipping
Transport is always at the risk of the recipient, even if carriage-paid delivery has been agreed.
7. Model and mould costs
Moulds and tools remain our property proportionately. The purchaser may not demand their surrender, even if they have been charged for a share of the tool costs.
8. Packaging
Pallets and push-on frames as well as reusable packaging provided by us must be returned to us immediately, otherwise we will have to charge for them.
9. Guarantee
Complaints will only be considered within 14 days of receipt of the goods. If a material or work defect is proven, we reserve the right to provide a substitute delivery. On the other hand, claims for damages of any kind, such as transport fees, wages, consequential damages, default penalties, etc. are excluded. Each return of material must be accompanied by a delivery note stating when and with which invoice number the returned goods were delivered, as well as a written reason for the return of the goods.
10. Industrial property rights
We accept no responsibility for the infringement of any property rights as well as any resulting third-party claims for drawings and models that were provided to us as documents for production.
11. Applicable law, place of performance/jurisdiction
All deliveries shall be subject to Swiss law to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction for all obligations arising from the delivery contract and these terms of delivery is Gontenschwil.
12. Retention of title
The goods remain with Emaform AG until they have been paid in full. Emaform AG is entitled to register a reservation of title for the goods delivered to the purchaser, whereby the purchaser is obliged to cooperate in the registration if necessary.
EMAFORM AG
01.01.2026, 5728 Gontenschwil, Switzerland