Heco Handels AG, Industriestrasse 19, 8625 Gossau ZH, Switzerland

Phone +41 (0) 55 244 46 64 / info@hecoag.ch

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General Terms and Conditions (GTC) of Heco Handels AG in Gossau ZH

Valid for customers in Switzerland and in the European Economic Area (EEA)

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(1) Scope

These General Terms and Conditions (GTC) govern all business relationships between Heco Handels AG, Switzerland (hereinafter "Heco"), and its customers in Switzerland and in the euro area.

Previous price lists, article numbers and general terms and conditions are hereby superseded.

Deviating terms and conditions of the customer are only recognised if Heco expressly agrees to them in writing.

These GTC apply exclusively to business relationships with entrepreneurs within the meaning of the Swiss Code of Obligations (CO) or Art. 2 lit. b of the EU Consumer Rights Directive. Contracts with consumers are excluded.

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(2) Conclusion of contract

(2.1) A contract is concluded upon Heco's written order confirmation or upon delivery of the ordered goods.

(2.2) Offers made by Heco are subject to change and non-binding unless expressly stated otherwise.

(2.3) Technical changes, adjustments to the product range or product modifications are reserved, provided they are reasonable for the customer.

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(3) Prices

(3.1) All prices are quoted in CHF in Switzerland and in EUR in Europe, excluding VAT, transport costs, customs duties and other charges.

(3.2) Additional import or customs costs may be incurred for deliveries to the euro area; these are borne by the customer.

(3.3) Errors and price changes are reserved, in particular as a result of currency fluctuations, changes in raw material prices or price adjustments by suppliers.

(3.4) Price changes are reserved until the order confirmation.

(3.5) Small-quantity surcharge for Switzerland: for goods values below CHF 100.00, a surcharge of CHF 20.00 is charged.

(3.6) Small-quantity surcharge for export to the EU: for goods values below EUR 500.00, a surcharge of EUR 20.00 is charged.

(3.7) When full packaging units are purchased, a customer-specific discount is granted depending on the previous year's turnover (according to the price list).

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(4) Terms of payment

(4.1) Standard payment term: 30 days net from the invoice date.

In the event of late payment, Heco reserves the right to:

(4.2) charge default interest (5 %)

(4.3) withhold deliveries

(4.4) carry out further orders only against advance payment

(4.5) Retention of title: The goods remain the property of Heco until paid in full.

(4.6) Heco is entitled to charge reminder, collection and handling fees.

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(5) Terms of delivery

(5.1) Delivery area

Deliveries are made to Switzerland and to the entire euro area.

(5.2) Delivery times

(5.2.1) Delivery dates are non-binding unless expressly guaranteed in writing.

(5.2.2) Delays due to force majeure, supply shortages, transport problems or official measures do not entitle the customer to claim damages.

(5.3) Shipping & transport

(5.3.1) Goods are shipped at the customer's risk as soon as they leave Heco's warehouse.

(5.3.2) Transport insurance is only taken out at the customer's express request and expense.

(5.3.3) Partial deliveries are permitted.

(5.4) Incoterms (for EU customers)

As a rule, our terms of delivery are EXW HECO warehouse in accordance with Incoterms® 2020.

Other Incoterms only apply if agreed in writing.

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(6) Obligation to inspect & notice of defects

(6.1) The customer is obliged to inspect the goods immediately upon receipt.

(6.2) Obvious defects must be reported in writing within 10 working days.

(6.3) Hidden defects must be reported immediately upon discovery.

(6.4) Failure to give notice of defects, or late notice, results in the loss of all warranty claims.

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(7) Warranty

(7.1) Heco warrants that the products delivered are free from material defects in material and workmanship at the time of delivery.

(7.2) The warranty period is 6 months from receipt of the goods.

(7.3) Heco fulfils warranty claims at its own discretion by repair or replacement delivery. A price reduction is only possible if this fails.

(7.4) Further claims, in particular for damages, are excluded to the extent permitted by law.

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(8) Returns

(8.1) Returns require Heco's prior written consent.

(8.2) Returns sent carriage forward or without prior notice will not be accepted.

(8.3) Return costs are borne by the customer unless Heco is at fault.

(8.4) Approved returns must be made within two weeks, in the original packaging and in unused condition.

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(9) Liability

(9.1) Heco is only liable for damage caused by gross negligence or intent.

(9.2) Liability for indirect damage, consequential damage, loss of profit or production downtime is excluded to the extent permitted by law.

(9.3) Liability for personal injury and under mandatory statutory provisions remains unaffected.

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(10) Data protection

Heco processes personal data exclusively within the framework of the applicable data protection laws of Switzerland and the EU (GDPR). Further information is provided in the separate privacy policy.

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(11) Place of jurisdiction & applicable law

(11.1) Swiss law applies to customers in Switzerland. The place of jurisdiction is the registered office of Heco Handels AG.

(11.2) Swiss law also applies to customers in the euro area, unless mandatory provisions of the respective EU country conflict with this.

(11.3) The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

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(12) Final provisions

(12.1) Amendments or additions to these GTC must be made in writing or in text form (e.g. by email).

(12.2) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

(12.3) These GTC are a translation of the German original. In the event of any discrepancy between the language versions, the German version shall prevail.