Term & Conditions of sale

1. General

1.1 These General Terms and Conditions of Sale and Supply affect all goods and services sold and supplied by us. Any contrary terms laid down by the purchaser shall not be binding on us even if they have been identified as the basis for the purchaser’s order.

1.2 Subordinate agreements, as well as changes and additions to the contract and to these General Terms and Conditions, shall only be valid if confirmed in writing by us.

2. Quotations, offers, and estimates

2.1 No offers made by us shall be regarded as binding.

2.2 We reserve the right to improve or modify the design or construction of our goods.

3. Prices

3.1 Our prices are given in Swiss Francs (CHF) and EURO (€), without packaging, ex-works Necker. All transport costs shall be charged to the purchaser.

3.2 We do not accept any deductions or charges relating to the disposal of packaging material. The purchaser shall bear any disposal costs that may arise.

3.3 All deliveries, including part-consignments, for which a delivery date is agreed that is more than three months later than the date of the order confirmation, shall be made at the selling price in force on the day of delivery.

4. Delivery periods

4.1 If a delivery period (as opposed to a delivery date) has been stated, it shall be deemed to start on the date of the written confirmation of order or alternatively the date of receipt of order if it confirms our offer without alteration. Any delivery period shall be prolonged accordingly if data or documentation does not reach us on time, if they are altered retro-actively by the purchaser with our assent, or if any instalment payment arrives later than agreed.

4.2 If any failure to adhere to a delivery period is not exclusively our fault, the purchaser shall not thereby derive any right to cancel the contract, to refuse delivery, or to sue for damages.

4.3 Any Act of God or case of force majeure shall release us from our obligation to supply, without the purchaser deriving any further claim there from.

4.4 The entirety of all goods delivered shall remain the property of Mosmatic AG until the purchase price has been paid in full. The purchaser hereby expressly declares his consent to the appropriate entry in the «Register of Retained Title».

5. Acceptance of goods by the recipient

5.1 The purchaser shall assume all risks at the moment the goods are handed over to the railway or postal authorities or collected from the Necker works by any party (e.g. freight forwarding agent or haulier) acting with his authority. If acceptance is delayed or made impossible for any reason beyond our control, we shall be entitled to store the goods, at the purchaser’s risk and expense, on our premises or a third party’s, and shall be deemed to have thereby fulfilled our obligations.

6. Payment

6.1 All invoices shall be due for payment within 30 days of the invoice date.

6.2 Payment shall be made only in the currency agreed. Cheques will be accepted by way of payment but shall not be regarded as settlement until they have been cleared.

6.3 There shall be no right of off-set against counter-claims unless the counter-claim is undisputed or has been acknowledged by a Court as final and absolute.

6.4 If a number of claims to payment are outstanding, we shall be entitled to determine which claim has been settled by any payments the purchaser makes.

6.5 As soon as the normal payment period has expired, and even if no payment reminder has been sent, interest shall be due on the arrears at the rate customary in the trade but at least 4 percentage points above the Discount Rate of the Swiss National Bank in force at the material time.

6.6 It shall only be permitted to withhold or reduce payments on account of complaints if we have given our consent.

6.7 We cannot process an order unless it reaches the minimum order amount of CHF/EUR 200.00.

7. Guarantee

7.1 We grant a guarantee on new products against all defects for which we are responsible covering a period of 12 months from the date of delivery. This guarantee does not cover parts (such as seals) that are subject to normal wear and tear. The guarantee shall become null and void if any repairs are carried out improperly by the purchaser himself or any third party. We shall be free to elect, at our own discretion, whether to replace items free of charge or to grant an appropriate reduction in the price. No claims whatsoever from the purchaser shall be entertained which go beyond the aforesaid, and claims for damages or nullification of the contract are expressly ruled out, regardless of the legal grounds on which they may be raised, which result from the installation of the goods supplied. The guarantee period shall start on the date of delivery, which is noted on the invoice.

7.2 Any defects in the goods shall be notified to us in writing at once, or in the case of visible defects within one week of their becoming apparent. No guarantee claims can be entertained if this requirement is not adhered to.

7.3 No returns will be accepted without prior authorization from a Mosmatic AG representative. All returns are subject to inspection. Returns must be sent pre-paid freight to Mosmatic AG, Oberhelfenschwilerstrasse 6, CH-9126 Necker, Switzerland. All returns must be accompanied by a RMA form (Return Material Authorisation) which clearly shows the RMA number and the customer ID number. The RMA form can be obtained from Mosmatic AG in writing or by calling our customer service number. RMA numbers are valid for 30 days only. If the merchandise is not returned within the 30-day period, the number becomes invalid and a new RMA number must be obtained. Supplying a RMA number does not acknowledge a warranty claim or manufactures defect. Mosmatic AG shall not under any circumstances be liable for losses or shipping damages of returned goods. Unused products arriving in resalable condition, including original packaging and manuals, are not subject to restocking fees. All other unused products or none stock items are subject to a 15% restocking fee.

8. Liability

8.1 Unless something else arises from the following, no further claims from the purchaser, irrespective of legal grounds they may be based on, are accepted by us.

8.2 Our liability for any claim for loss, damage or personal injury arising out of a contract shall be limited to the compensation of our product liability insurance.

9. Place of execution and jurisdiction, choice of law

9.1 The place of execution for purchaser and vendor shall be Necker, Canton of St Gallen, Switzerland.

9.2 In the event of any disputes relating to the validity of the contract or of these General Terms, the place of jurisdiction shall be Oberhelfenschwil, Switzerland.

9.3 These General Terms shall be subject to Swiss law exclusively. The German text shall be exclusively effective, this translation having been prepared for convenience only.

General Information

• With the publication of this catalogue, all previous catalogues and publications are no longer valid.
• We reserve the right to make technical modifications at any time without prior notification.
• For any special versions, manufactured to individual customer requirements, we decline any responsibility for their subsequent use and effects in operation.
• Validation of data and measurements exclude printing and typing errors.
• The details we provide are recommendations only, which we give to the best of our knowledge. Written confirmation of precise details can be obtained upon request.
• Mosmatic sells through a network of authorized dealers and representatives only.

Use of your personal information

• We never sell or rent any of the information you provide us with to third parties.
• We use the information we collect for various purposes, including:
  – to complete your purchase transaction
  – to provide the services you requested
  – to send you our catalogues and offerings
  – to send you specials and updates per email
  – to contact you about the status of your order

For your safety

• For your own safety always use protection gear like safety glasses, gloves etc. when using our products connected to high pressure.
• Safety regulations and guidelines (Accident prevention rules) from the manufacturer of high pressure equipment are applicable when using our products.
• Nozzle installation according to nozzle manufacturer.
• Mosmatic products should only be installed by experienced users of high pressure equipment. The responsibility for the safe and effective use of Mosmatic products rest with the user.