General Terms and Conditions
Scope
Orders placed with Bischofberger AG are subject to these conditions, our general terms and conditions (GTC). These AGBs govern the sale of products from Bischofberger AG to its customers. When you submit an order, you affirm that you have already read and understood these GTCs. You give your unreserved consent to our GTCs when you place an order. If provisions are intended to differ from those in these GTCs, they must be confirmed in writing by us to be valid.
Orders
The offers made by Bischofberger AG are non-binding and remain valid only as long as supply lasts. The images and product presentations of the goods offered by Bischofberger AG in the online B2B-customer area as well as in the special offers and price lists do not constitute any assurances of the characteristics of the products. So that we can make deliveries following our regular route schedule, we need to receive your order at the latest by 17:00 on the day before the desired delivery date. On Fridays and the days before holidays we need to receive your order at the latest by 15:45.
Prices
The prices stated by Bischofberger AG are non-binding and only valid as long as supply lasts. Bischofberger AG can adjust the prices at any time without stating its reasons for this or giving prior notice. Only the prices agreed upon individually between the customer and Bischofberger AG are decisive. Our prices are net prices. We do not grant any discounts. The VAT is not included in our prices.
Deliveries
On our regular routes, deliveries starting at CHF 800 value of goods and 80 kg net weight are free to domicile or valley rail station. We cannot guarantee any fixed unloading times. With the acceptance of the good, the use and risk transfer to the customer. The customer is obligated to accept and pay for the good under the agreed-upon terms and conditions. If the customer refuses to accept the goods for no reason or for reasons for which Bischofberger AG is not responsible, the customer immediately comes into default under Art. 102 ff. of the Swiss Code of Obligations (OR).
Unless otherwise agreed, Bischofberger AG cannot guarantee for every delivery that the goods will be produced exclusively in IFS-certified companies. The customer will be informed in a convenient way (price list, delivery note) about the IFS certification status of the products.
Defects
With the receipt of the good and signing the delivery note, the customer acknowledges the unobjectionable condition and the completeness of the shipment. Deviations in the number of units per product must be clearly marked on the delivery note in the presence of the driver and the driver must acknowledge this with his signature. If the good delivered evinces any defects such as incorrectly packed products, differences in weight or deficiencies in quality and the customer submits a complaint in writing within 24 hours, Bischofberger AG will take the defective good back.
Other guarantee claims (conversion and reduction) are herewith expressly excluded. Until Bischofberger AG recovers the good, the customer is obligated to store the defective good conscientiously and in compliance with the provisions of the Swiss Foodstuffs Act (LMG) as well as the Hygiene Ordinance of the EDI (HyV). Specifically, the customer is obligated to assure the proper cooling of the good. If the preconditions for the recovery of the good under these GTCs are not met, Bischofberger AG is not obligated to recover the good. In such a case, any guarantee claims are voided.
Payments
Absent any agreement to the contrary with Bischofberger AG, the purchase price must be paid within 14 days from the date of billing, net and without any discount. Absent any indication to the contrary on the invoice, payment must be rendered in Swiss Francs (CHF). When the specified payment deadline passes, the customer enters into default without further notice. If the customer is wholly or partly in default with the payment of the purchase price, a default interest charge of 5 % per year will be assessed and billed. Bischofberger AG is also entitled to cancel all subsequent orders from the customer until the total outstanding claim has been settled.
In the case of cash collection, the customer is obligated to have the invoiced amount on-hand in Swiss Francs (CHF) at delivery. The driver will only unload the good after he has received the full invoice amount. Conversion of the collection to credit is only allowed after suitable consultation with and confirmation from Bischofberger AG. If the customer does not have the money for a cash collection on hand, the good will be transported at customer’s cost back to the Bischofberger AG warehouse after a maximum wait time of 15 minutes.
Liability
Bischofberger AG is liable in connection with the fulfilment of the contract only for damages inflicted intentionally or through gross negligence for which it is responsible. Any further liability or obligation, especially liability for indirect or subsequent damages as well as for lost profits is herewith expressly excluded.
In the event of force majeure, i.e. unforeseen, severe events and occurrences that are not the fault of Bischofberger AG, Bischofberger AG does not accept any liability and is entitled to wholly or partly suspend or cancel orders. Cases of force majeure include specifically but not exhaustively: strikes, fires, war, transportation difficulties (e.g. caused by an accident) or measures taken by public authorities.
Reservation of Title
The delivered good remains the property of Bischofberger AG until it is paid for in full.
Data Protection
The customer herewith expressly gives consent to Bischofberger AG to obtain a credit check on it. Bischofberger AG will comply with the provisions of the Swiss Data Protection Act (DSG) in collecting, processing and using the customer’s personal data. The customer hereby gives consent to Bischofberger AG to share its customer data with third parties to the extent that this is necessary for completing its services.
Intellectual Property
The contents of the B2B-customer area of Bischofberger AG, especially but not exclusively the texts, trademarks, logos, illustrations, graphics, photos and videos are the sole property of Bischofberger AG. Specifically, Bischofberger AG holds the sole use rights to these contents. The customer may only use, reproduce or disseminate the contents of Bischofberger AG’s B2B-customer area or share them with third parties if Bischofberger AG gives prior, expressed written consent.
Changes to the GTCs
Bischofberger AG can unilaterally change these GTCs at any time. It will however notify the customer of such changes in advance and in a suitable manner. If the customer does not submit a written objection within 30 days of this notification the changes are deemed approved.
Court of Jurisdiction and Applicable Law
The regular courts at the headquarters of Bishofberger AG are responsible for all disputes that arise between the customer and Bischofberger AG directly or indirectly pertaining to this contractual relationship which is established based on any order placed for goods Swiss law applies exclusively.
Severability Clause
Should individual provisions of these GTCs prove invalid, unenforceable or unfeasible, the validity, enforceability and feasibility of the other provisions of these GTCS will not be compromised.
