The validity of these terms
- These general terms and conditions of business and delivery are included in every contract between HEULE and the customer. Any changes are only valid if agreed to in writing.
- Our offer is non-binding and only becomes binding upon receipt of our order confirmation in writing. We only deliver under the following terms. Prices are based on current wages, energy and raw material costs, or exchange rates and transportation costs. We reserve the right to adjust the price if these factors undergo a significant change. After 120 days from the start of the ﬁrst delivery, the same terms also apply to repeat orders and continuous production acceptance. In the case of six-month or longer delivery times, we always reserve the right to make price adjustments.
- Other delivery terms require our written approval to be valid. Particularly, the terms of payment and delivery of our customers printed or noted on orders, to the extent they differ from ours, only apply if they are expressly acknowledged by us in a written confirmation.
- Every order must be made in writing (by fax, post or email). Please do not order by phone.
- In the event that a provision of these terms of delivery is found to be wholly or partially invalid, the parties will replace it with a new agreement that comes as close as possible to its legal and economic success.
Technical documents and plans
- Unless otherwise agreed, brochures and catalogues are not binding. Specifications in technical documents are only binding if expressly guaranteed.
- Each party reserves all rights to the plans and technical documents it has provided to the other party. Without the prior written consent of the other contracting party, the receiving contracting party shall not make the documents available to third parties in whole or in part or use them for purposes other than those for which they were handed over.
Prices, packaging, shipping
- The prices are net, ex-works in accordance with INCOTERMS (EXW), exclusive of sales tax and packaging, payable in freely available Swiss francs or, where indicated, in EURO without deductions. Only the HEULE-internal rate factor may be applied when converting into other currencies, e.g. the EURO (not at the current rate). All taxes, levies, fees, customs duties and the like imposed in connection with the contract must be borne by the customer or reimbursed by HEULE upon presentation of appropriate documentation if HEULE has become liable for payment.
- Prices are graduated only for non-assorted quantities. Shipping and packaging will be charged separately at cost price. Shipping is at the customer's expense and risk.
Terms of payment
- Unless otherwise agreed, invoices are due in 30 days after the date of the invoice.
- If the payment deadline is not met, all of our claims become immediately due and we reserve the right to charge interest at a rate of 4% above the discount rate of the Swiss National Bank.
- There will be no interest paid on advance payments.
- It is not permissible to withhold or reduce payments due to customer complaints, disputes or claims that have not been expressly acknowledged. Offsetting against counterclaims by the customer is only permitted on the basis of a special, written agreement.
- Regardless of the means of payment used, payment is not considered to have been made until the total invoice amount has been credited irrevocably to HEULE's account.
Over- and under-delivery
The quantity of special items can be up to 10 % over- or under-delivered (until 10 pcs +/- 1 piece). A flat fee may be charged for orders of special items which require "no over- or under delivery".
- If an order is cancelled, a cancellation fee equal to all costs incurred up to this point, but at least CHF 100, will be charged.—.
- If a call-off order is cancelled, the customer must pay in full for the entire reserved inventory as well as parts in production. If an order has not yet been completed, the difference between the graduated prices will be added as a surcharge.
- The acceptance of orders with a specified delivery date shall not be deemed a guarantee of the delivery date.
- Due to late deliveries, the customer has no rights or claims, including no right to withdraw from the contract. This restriction does not apply if HEULE acted with unlawful intent or gross negligence, but it does apply if auxiliary persons acted with unlawful intent or gross negligence.
Retention of title
The delivery item remains HEULE's property until full payment has been received, provided that such a retention of title is permitted by the applicable law. At HEULE's request, the customer must fully support HEULE in its efforts to protect HEULE's property rights to the delivery item in the country concerned.
Guarantee / Liability
- HEULE guarantees for a period of 6 months from the date of delivery that the contractual items are free from material and manufacturing defects when used under normal conditions. Complaints must be made within 8 days of receipt of the goods or, if a defect was not apparent in spite of a thorough inspection, within the warranty period after the defect became apparent and in writing with a detailed description of the defect. HEULE limits the customer's warranty claims to the free replacement of defective goods. Excluded is any additional liability or obligation for direct or indirect damages resulting from the sale or use of the goods.
- In particular, we shall not be liable for any damages that result from failure to meet deadlines.
- HEULE does not guarantee compliance with specified dimensions.
- HEULE shall only be liable for customer claims based on inadequate consulting and the like, or the violation of any secondary obligations, in the event of unlawful intent or gross negligence.
- Under no circumstances shall the customer be entitled to compensation for damage that has not occurred to the delivered goods themselves, such as production downtime, loss of use, loss of orders, lost profits or other direct or indirect damage.
- The customer shall indemnify HEULE against all non-contractual claims made by third parties based on product liability. Recourse claims of the customer against HEULE resulting from the satisfaction of non-contractual claims of third parties arising out of product liability are excluded.
International patents protect the HEULE tool systems. Production and sales are exclusively handled by HEULE or its authorised agents. According to the provisions of copyright law, the unauthorised use of drawings or production of parts carries both civil and criminal penalties.
All legal issues arising from the customer's relationship with HEULE are governed by Swiss law.
Place of jurisdiction
CH-9436 Balgach is the place of jurisdiction for any disputes between HEULE and the customer. However, HEULE may pursue legal action against the customer at their place of residence or business or before any other court with jurisdiction.
PRICE / MINIMUM INVOICE: Price list subject to change
Minimum invoice amount CHF 100.— / € 70.—
QUANTITY UNITS / ME:
Our prices are per quantity unit
per piece: Tools, spare parts, SNAP, GH-E, SOLO, COFA blade, inserts, drill bits, twist drills
per set (2 pieces): DEFA, GH-S and GH-Z/R blades, insert holders
per set (3 pieces = trio): Blade GH-K (three-edged blade)
CUSTOM MADE PRODUCTS:
In the case of special versions whose construction and development costs exceed the standard framework, the costs are offered and invoiced separately, or are calculated based on the result.
HEULE has implemented a refund policy that allows customers to return incorrectly ordered goods for a refund. The goods cannot be returned after 120 days from the date of invoice.
a) HEULE will approve the goods and quantity that the customer wishes to return, and will give its consent. Before returning the goods, the customer must obtain this approval from HEULE.
b) A return delivery request for larger quantities of standard parts that would result in an unreasonable inventory for HEULE will be negotiated in advance.
c) No credit will be issued for used blades or tools. In addition, no credit will be issued for goods that have been custom-made for the customer or that bear a customer number.
d) The goods may be returned only through the agent from whom they were purchased and charged. Form RL1 (return delivery note) must be included with all goods returned to HEULE. No credit note can be issued without form RL1 (return delivery note).
e) Returned goods will be checked at HEULE. A credit note is only available for parts in brand-new condition. To avoid damage to the goods, pack them carefully. Credit may be denied if the goods are damaged in transit or due to the consumer's carelessness.
f) All costs, including shipping, shall be borne by the sender.
g) Return deliveries are permitted for a maximum of 120 days after the date on the invoice (invoice date). There is no deduction for returns made between 1 and 30 days after the date of the invoice. For returns within 31 to 120 days of the invoice date, a 20% restocking fee will be deducted from the value of the goods (minimum fee of CHF / EUR 150.00). All costs associated with the return shipment shall be charged to the sender or deducted from the credit note.
h) A deduction may only be made when paying outstanding invoices if HEULE has issued a credit note for the returned parts.
For every special tool ordered from HEULE, a complimentary assembly drawing on HEULE paper is supplied. The drawing contains a list of all spare parts and their corresponding part numbers. Only valid orders will result in the issuance of approval drawings. HEULE charges a minimum fee of CHF 150.— for approval drawings without a legally binding order. If the HEULE documents cannot be incorporated into the documentation system of the end user, we will gladly create the relevant documents at cost. The additional costs are not included in the price of the tool, but are displayed separately. Minimum costs CHF 150.—
HEULE provides trial tools for processing tests at the customer's premises. You have the right to return a trial tool after a maximum six-month trial period in exchange for a full credit note without any deductions. Before a return shipment, the form VIF (trial commissioning release protocol) protocol (template VIF Template) must be sent to and approved by the responsible ASM (area sales manager / supervisor). The tool must be in perfect condition. All used blades must be charged and cannot be returned. Parts that are damaged or worn cannot be returned for credit. The payment terms for the trial tools are extended by one month. Form RL1 (return delivery note) must be included in the event of a return shipment. The trial status of a tool must be specified when ordering. If the goods are not purchased as a test tool, HEULE is not obliged to issue a credit note for a return.
DOWNLOAD THE DOCUMENTS:
RL1 (return delivery note) / VIF (Template_VIF_Template): HEULE Extranet