General Terms and Conditions

1. General information

1.1. The SUPREMIA AG (in the following SUPREMIA) is a company, which is active in the field of Conception, Promotion and Trading. The following general terms and conditions form an integral part of every contract with SUPREMIA. The contractual partner expressly declares his agreement with the individual provisions when placing an order. Deviations from the general terms and conditions are only valid in written form.

2. Offers / Quotations

2.1. Offers and quotations on the part of SUPREMIA are always subject to change, subject to the final confirmation of the order and possible price adjustments due to increasing or decreasing exchange rates.

3. Prices / terms of payment / default interest

3.1. All prices are net, excluding legally applicable value added tax. Invoices are payable net within 10 days of the invoice date, without discount. In the event of late payment, interest on arrears of 7.7% is due. The SUPREMIA is free to insist on payment despite the delay and to demand additional compensation. The SUPREMIA can also withdraw from the contract by written declaration.

4. Surcharges for small invoices

4.1. A surcharge of CHF 100 will be charged for invoices for amounts below CHF 1,000.00.

5. Sample shipments

5.1. Sample shipments have to be returned to SUPREMIA within 60 days, otherwise the goods are considered as purchased.

6. Over- or underdeliveries

6.1. The contractual partner accepts that over- or under-deliveries of +/- 10% may occur for certain articles for production or printing reasons.

7. Withdrawal from current contracts

7.1. In the case of force majeure and other impossibility of contract fulfilment through no fault of SUPREMIA, SUPREMIA can withdraw from current contracts at any time without compensation.

7.2. A delay in delivery on the part of SUPREMIA shall not entitle the contractual partner to cancel the order; claims for damages shall be excluded.

8. Benefit and risk

8.1. Benefit and risk are transferred to the contractual partner upon conclusion of the contract.

9. Property

9.1. The SUPREMIA reserves itself the property at objects of purchase up to the complete payment of all demands. A pledge, transfer of ownership by way of security or any other defence by the contractual partner is not permitted.

9.2. The contractual partner gives his consent that the retention of title can be entered in the retention of title register by the SUPREMIA.

10. Transport / Customs

10.1. Transportation and customs costs from the SUPREMIA's headquarters are at the expense of the contractual partner, i.e. he takes over the transportation, customs clearance, customs and import sales tax in the receiving country from the SUPREMIA's headquarters to the desired location at his own expense and risk.

10.2. Due to the withdrawal of ASTAG (Swiss Commercial Vehicle Association) from the exchange equipment pool as of 1.1.2008, Euro pallets are no longer exchanged automatically and free of charge. Conversion by conversion is still possible against payment of a service fee. If pallets are returned, the additional costs will be passed on.

11. Warranty

11.1. Notices of defects must be made within 8 days of delivery, otherwise the contractual partner loses all claims. Characteristics are not deemed to be warranted unless they have been expressly described as warranties in the order confirmation or specification.

11.2. The SUPREMIA is only liable for fraudulently concealed defects, the remaining warranty claims are excluded to the extent permitted by law. SUPREMIA shall not be liable for consequential damage caused by defects.

11.3. The SUPREMIA shall not be liable to the contract partner for damages from third parties, which arise from the defectiveness of the object of purchase (product liability). The contractual partner undertakes to keep the SUPREMIA completely free and indemnify the SUPREMIA for any claims, which are asserted by third parties. The burden of proof for the defectiveness of the object of purchase lies with the contract partner.

12. Data Protection

12.1 In connection with the provision of services and the sale of products to the Client, Supremia AG may, at any time and in compliance with applicable data protection standards, collect personal data itself, obtain it from third parties, store it, process it and pass it on to third parties.
When Supremia AG engages third parties from Switzerland or abroad, they are contractually obliged to comply with the measures required under applicable data protection law. Further information on the use of personal data can be found in the Privacy Policy at https://www.supremia.ch/datenschutzerklaerung.

13. Duty of confidentiality

13.1 The employee undertakes neither to disclose any business secrets known to her to others nor to use them herself.
Art. 321a paragraph 4 CO: "The employee may not use or disclose to others during the employment relationship any facts which must be kept secret, such as in particular manufacturing and business secrets, of which she becomes aware in the service of the employer; even after termination of the employment relationship she shall remain bound to secrecy insofar as this is necessary to protect the legitimate interests of the employer.

14. Place of performance / place of jurisdiction / applicable law

14.1. The place of performance is the registered office of SUPREMIA.

14.2. All disputes between the parties shall be settled exclusively by the ordinary courts at the headquarters of SUPREMIA.

14.3. Swiss law shall apply exclusively, excluding the Vienna Convention on the International Sale of Goods.

15. Final provisions

15.1. Should any provision of these General Terms and Conditions be or become void or ineffective, the remaining part of the General Terms and Conditions shall not be affected. Void or ineffective provisions shall be replaced by effective provisions which come closest to their economic purpose. The same procedure shall be followed if a gap arises.