Terms and conditions of sale, rental and delivery
I. General conditions
Our services are only offered on the basis of the following conditions. The customer’s conditions are herewith expressly rejected. They do not bind us either when this rejection is not repeated at the conclusion of an agreement. Our conditions of sale, rental and delivery are considered as accepted at the latest upon delivery of the goods or services. All agreements, in particular those affecting/changing these conditions, will only be valid if they have been confirmed by ourselves in writing. An order with our Media Technology Dept. is only binding when both the contract and the attached Special Rental Terms and Conditions have been signed by both parties.
Our sales prices are ex works or ex warehouse in Swiss Francs, excluding the cost of packing and shipping. The rates for furniture rental apply to events at the main fairgrounds in Basel and Zurich and are for the duration of the fair. Rates for furniture rental at other venues and extended periods of time are available upon request. The delivery contract only comes into force upon receipt of the advance payment. SYMA-SYSTEM AG accepts no liability for delays ensuing from the non-fulfilment of payment conditions.
Rental furniture: Minimum invoice amount is CHF 100.– net. Purchases: For order amounts of less than CHF 200.– net, an administration fee of CHF 20.– will be added.
We shall remain sole owners of our deliveries (sales) until all obligations arising from their shipment have been met by the purchaser, irrelevant of the legal reason the purchaser may have for not fulfilling his/her obligations. This also applies proportionately in the case of further processing. We reserve the right to enter our rights of property in the corresponding register with the competent Swiss authority in the name of the purchaser and at his/her cost. In this case, the purchaser has the right and authorization for the alienation of the goods in question exclusively under the condition that the proceeds go to us. In this case, he/she has no rights to dispose of the goods. If it be so required, he/she is under obligation to disclose the identity of the subsequent buyer in order for us to arrange for payment. In the event of bondage or any other form of restriction on the material, the purchaser is obliged to give us immediate notice. With rented material, in the case of bondage, retention or any other restriction on the material, or in the case of an impending bankrupcy filing, the hirer is obliged to immediately inform the renter by registered mail and to inform the prosecuting authorities or bankrupcy court as to the renter’s ownership of the hired objects.
II. Delivery terms
The terms of delivery come into effect on the day we receive the order, however, not before all delivery details are absolutely clear. In case the actual shipment is made impossible due to factors beyond our control, the terms of delivery are taken to be complied with the notification that the goods are ready for shipment. When we are at fault, the customer agrees to grant us a reasonable alternative deadline. After the elapse of the alternative deadline, he/she can renounce the contract, if he/she did not have received notification that the goods were ready for shipment, before the alternative deadline. Claims for damages due to the failure to meet the terms or time of delivery are specifically ruled out.
Events of force majeure give us the right to extend the time of delivery for the duration of the impediment plus an adequate startup period, or to withdraw from the contract for the part that has not been fulfilled. Also as conditions of force majeure are those which considerably impede us in the fulfilment of the delivery or which completely disable us in such. The customer may demand a declaration as to whether we are willing to withdraw or deliver within an appropriate period of time. If we do not grant this declaration, the customer is entitled to withdraw.
In the event of cancellations or other events of force majeure due to the Covid-19 pandemic or similar pandemics, the cancellation conditions of SYMA shall apply in the currently valid version, which can be viewed under the following link and form an integral part of these General Terms and Conditions.
In the case of rental/sale ex works, the risk becomes the customer’s with the transfer of the goods to the freight forwarder, however at the latest when the goods leave our warehouse. This applies also in the case of a seizure. Goods which have been notified as ready for shipment at the agreed deadline, must be collected at this time, otherwise or in the case of impossibility to dispatch we have the right to store these at the customer’s cost and risk, at our own discretion, and to charge the customer as delivered ex works.
We commit to deliver the material in perfect condition and in accordance with the intended purpose at the agreed location and time. If a personal transfer of the goods to a rightful representative of the customer is not possible because of his/her absence, our agent is entitled to leave the goods at the location. The customer’s risk and obligation to exercise due care begin at the agreed time of delivery, even in the case where a personal transfer is not possible, and for rentals, ends with the return of the material to us.
If, for reasons beyond our control, ordered rental furniture, is not accepted upon delivery, 50% of the rental amount, or CHF 100.–, whichever is higher, will be charged.
about the weight, number of pieces or condition of a shipment are to be filed with us within 8 days of receipt of the shipment. Defects that even by close inspection could not be detected within this period of time, must be filed in writing immediately after detection, but at the latest one month after reception, taking care to halt any further processing. Our liability in cases of legitimate claims is limited to the delivery of perfect replacements. The customer has no right to claim for cancellation, voidance or any other form of indemnity for indirect, primary or consequential damages to him/her or any other third party.
The hirer is under obligation to return the hired object(s) to us at the location where delivery took place (unless otherwise agreed in writing) at the last day of the term of contract. The hirer has no right of retention over the hired object in connection with any claims to us. The hirer is liable for all necessary repair and reconditioning not attibutable to normal wear and tear of the hired object(s).
Liability for technical information can only be accepted as binding when the information was confirmed in writing.
The present contractual relationship shall in all cases and exclusively be governed by Swiss law. Place of fulfilment of contract and place of jurisdiction shall be Kirchberg/SG for both parties. We shall, however, be authorized to take legal action against the customer at the customer’s general place of jurisdiction or at the place of jurisdiction of our supplying branch company. The above also applies to those parties which are liable for the commitment to the customer.
1.1. The inapplicability of certain conditions of this contract does not affect the applicability of other conditions in the contract.
1.2. In the event of litigation the original German version of the terms and conditions of sale, rental and delivery shall be applicable.