These General Conditions of Sale apply to all products from the WATA Range,unless otherwise stipulated in writing by WATALUX SA, hereafter “the Seller”, and by the Buyer.
Prices published in catalogues, websites, online stores or price lists do not constitute a final price or an offer for sale from the Seller. Confirmed prices, by way of a firm order, are the only final prices to be taken into account.
Prices include departure from the Seller’s warehouse and do not include administrative, packaging or shipping costs, ExWork. For any purchase delivered to Switzerland, 7,7% valued added tax is indicated in addition on the invoice.
Payment must imperatively be made to the account indicated in the invoice and for the amount corresponding to the total in Swiss Francs. Bank transfer costs are charged to the Buyer.
Prices in euros or another currency are given for information purposes only. If the Buyer makes the payment in euros or another currency and the total amount received is less than the total amount in Swiss Francs indicated on the invoice due to exchange rate fluctuation, the Seller reserves the right to request the payment corresponding to the difference of the total amount in Swiss Francs from the Buyer.
CONDITIONS OF PAYMENT
Invoices are due within 30 days from the date of the invoice, without deduction and payable to the bank/postal account indicated by the Seller. Advance payment is requested for any purchase, except for prior agreement. Upon written confirmation by the Buyer, and following the issuing of the invoice, the Buyer agrees to pay the invoice in a timely manner.
Late payment: In case of late payment, new conditions may be set. After a 3rd reminder, any necessary compensation costs or debt collection and prosecution costs may be requested from the Buyer.
Cancellation of an order: The cancellation of an order cannot be done following the issuing of an invoice, unless requested in writing by the Buyer and written acceptance of the Seller. This request must be sent before receipt of the goods. Once the goods have been received, an order cancellation cannot be accepted and the Buyer must pay the total amount of the order.
Instalments may be requested from the Buyer by prior agreement according to the quantity of items ordered. Unless agreed by and written confirmation of the Seller, no reduction shall be granted.
IMPORT COSTS AND VALUE ADDED TAX (VAT)
When buying from abroad, the importing country clears the goods for import. According to the value declared by the Seller, customs taxes the Buyer. The payment of costs and taxes as well as importing procedures, notably VAT, shall be incumbent upon the Buyer and not upon the Seller.
Any additional charges, such as environmental taxes (COV, CO2), tax on tobacco, tax on beer, tax on mineral oils, etc. are charged to the Buyer. The Buyer is responsible for enquiring with customs of the country of destination about the costs which result from importing the ordered goods; the Seller does not know the amount of the costs.
Import costs, value added tax or additional charges must, in principle, be paid directly on the spot in cash. Some carriers request, at the time of delivery, to pay the amount requested for the customs clearance of goods. The Buyer is responsible for informing those concerned by this event and for having the amount claimed by the carrier for the delivery. Refusal to pay these costs may result in the return of the package to the Seller by the carrier. In this case, the Seller invoices the Buyer for all relevant additional costs, namely administrative costs and the costs for returning the package as well as return costs if the Buyer confirms in writing that it wishes for the goods to be sent again.
TRANSPORTATION AND DELIVERY
Transportation, administrative and packaging costs are clearly described on the invoice and are charged to the Buyer. All shipments abroad are carried out with the 2010 DAP Incoterm.
The Seller reserves the right to deliver the goods ordered with the carrier of its choice according to the place of delivery.
By default, the goods sent are insured at 1% of the total value of the order, according to the conditions of the selected carrier. The order may be insured at 100% of its value on condition that the Buyer requests so in writing and that it pays all relevant additional costs indicated on the invoice, also if an insurance certificate is requested.
Delivery: Delivery deadlines are written on the invoice. The delivery deadline is from receipt by the Seller of all documents required for the execution of the order, payment and the sending of delivery confirmation to the Buyer.
The Seller cannot be held responsible for any delays in deliveries due to customs administrative procedures or in case of unforeseen events, notably of force majeure. As a result of this, the Buyer cannot claim damages for delays in any way whatsoever.
In the case of partial delivery, the deadlines are indicated on the invoice and may be reviewed according to the conditions of agreement with the Buyer.
The acceptance of these General Conditions of Sale cancels and replaces all the conditions of the Buyer, unless otherwise agreed in writing by the Seller.
WARRANTY / LIABILITY
The Seller takes all the necessary care and technical expertise to manufacture the WATA devices.
We continuously carry out quality controls, taking into account the latest research and technological advances, to make improvements to our range of WATA devices. However, the improvements made to the devices and power supplies of the WATA can not be operated on previous models and therefore these modifications do not fall within the scope of our warranty.
Field failures attributed to field conditions are excluded from the warranty.
PURPOSE AND DURATION OF THE WARRANTY
The devices and power supplies of the WATA range, except for wearing parts (see definitions below), are subject to a 24 (twenty-four) month warranty from the date of delivery by the carrier. This warranty applies only when the devices and power supplies are used in accordance with the manufacturer’s instructions. Improperly maintained or misused units and power supplies are excluded from the warranty, including but not limited to: failure to use a voltage stabilizer, units not rinsed after use, crushed electrical cables, units not descaled, scraped or abraded titanium plates, etc.
The use of a voltage stabilizer is necessary for our WATA-Standard, WATA-Plus, Midi-WATA and Maxi WATA devices. This is a matter of warranty and lifetime of the device. The non-use of a voltage stabilizer is considered as a breach of the safety regulations and will result in the loss of the warranty.
Only WATA instruments and power supplies are covered by the warranty defined above. WataBlue and WataTest reagents benefit from a separate warranty according to their manufacturing and expiration date. In case of application of the warranty, the defective devices or power supplies must be returned to the Seller according to the agreement with the Buyer and the nature of the defect of the device. WATA devices or power supplies found by the Seller or the authorized subcontractor to be defective will be repaired or replaced with a new part. Any incidental costs such as transportation, technician travel and labor shall be borne by the Buyer.
Loss of earnings or business due to equipment or power supply failure or repair shall not be eligible for compensation.
The following parts are considered to be wearing parts and are therefore not covered by the warranty period defined above:
- 2.5 liter can and 500ml can – PE-HD
- Syringes without tips (1ml, 50ml and 5ml) PP
- Measuring spoons – Arboblend
- Crocodile clips for Mini-WATA and WATA-Standard kits
- Accessories for WataBlue and WataTest reagent kits
- User manuals for the whole WATA range
Without prejudice to the measures to be taken with respect to the carrier, complaints about apparent defects or non-conformity of the product delivered must be made in writing within eight days of the arrival of the products. It is up to the Buyer to provide any justification of the defects or anomalies noted. The Buyer authorizes the Seller to intervene directly to remedy the defects or anomalies without recourse to a third party, except with the prior written consent of the Seller.
Defects and damage caused by natural wear and tear or external accidents are excluded from the warranty.
Only the legal warranty against any hidden manufacturing defect of the devices and power supplies of the WATA range applies. Moreover, the Seller cannot be held responsible in case of faulty installation or non-compliance with safety rules. In any case, the legal warranty of the Seller continues to apply according to the Swiss Code of Obligations (CO).
The Seller undertakes to treat customer data with the utmost care. However, in the context of processing data concerning companies or persons that are essential for the conclusion or performance of a contract, the Seller may exchange or transmit data with third parties.
All disputes of any kind are subject to the exclusive jurisdiction of the courts of Geneva. The Buyer expressly accepts this attribution of jurisdiction which cannot be waived even in case of acceptance of bills of exchange or of multiple defendants. The rights and obligations of the parties are governed exclusively by Swiss law.