1. About us
Pronouvo AG, is a company based in 9205 Waldkirch Switzerland, which has for many years been producing a well-established range of cork products for construction and industry, including particularly structural bearings, building bearings, anti-vibration bearings and technical specialties.
2. General
A contract between the customer and Pronouvo AG (hereinafter "Pronouvo") shall come into being upon an order complying with the stated conditions or otherwise upon written confirmation of the order by Pronouvo. Pronouvo shall be bound only if the present conditions of supply form part of the contract. The applicability of any other terms and conditions of business is excluded. All agreements between Pronouvo and the customer, including any variation from the present conditions of supply, must be made in writing.
3. Prices and conditions of supply
Unless otherwise stated in the confirmation of order, prices shall be understood to be net in Swiss francs (exclusive of value-added tax) ex works at Waldkirch SG. If the customer requires transport to a building site or to any other location, the flat rates for dispatch and transport listed under point 4 will be invoiced. The company reserves the right to modify the product prices and dispatch costs at any time. Unless otherwise expressly agreed, written quotations by Pronouvo shall remain valid for a period of three months from the date of issue. Unless separately agreed, catalogue articles will be supplied only in the listed sales units (strips, rolls, tiles). If it is necessary to split a sales unit, an administrative charge of CHF 30 will be applied and added to the dispatch costs. Delivery dates and time limits shall be binding on Pronouvo only if confirmed in writing by Pronouvo. As a rule, standard articles are available from stock. If such articles are ordered before 11:00, Pronouvo will seek to ensure that they are dispatched on the same day. In the case of customised items, Pronouvo will require at least 5 days. In the case of large orders, the customer must inquire in advance about the delivery dates. Pronouvo shall not be liable for damage due to late delivery unless it is has been expressly agreed that the delivery dates and time limits are to be understood as fixed.
4. Dispatch costs within Switzerland and Liechtenstein
For deliveries with a net order value of less than CHF 300, a minimum charge and packing supplement of CHF 50 will be invoiced in addition to the effective dispatch costs (parcel service or Cargo Domizil). Pronouvo recommends customers to procure small quantities from a building materials distributor. For deliveries with a net order value between CHF 301 and CHF 2 499, the customer will be invoiced the effective dispatch costs (parcel service or Cargo Domizil). Customised items and packaging will be invoiced at cost. For deliveries with a net order value upwards of CHF 2 500, deliveries will be dispatched free of charge to the building site or valley base station. As a rule, large deliveries will be packed on euro pallets, sometimes with frames (exchangeable pallet). If an exchange is not possible, Pronouvo will invoice CHF 20 per pallet and the customer will receive a credit of CHF 14 for a return in good condition. Empty units will not be collected. Part of the packaging costs will be charged.
4.1 Dispatch costs outside Switzerland
All Export deliveries are FCA CH-9205 Waldkirch (Incoterms 2010). For deliveries with a net order value of less than CHF 300, a minimum charge and packing supplement of CHF 50 will be invoiced in addition to the effective dispatch costs.
5. Payment conditions
All Pronouvo invoices are payable net and without deduction within 30 days from the date of invoicing (due date). After this time limit, default interest at a rate of 5% per annum will accrue on the invoiced amount. In the event of settlement via a building materials distributor, the terms and conditions of payment of the latter shall apply. The customer shall not be able to set off any claims against Pronouvo.
6. Returns
As a rule, Pronouvo will not be able to accept any returns, as most orders are specially prepared. Pronouvo assumes no liability for incorrect orders. In exceptional cases, Pronouvo will be prepared, after prior discussion, to take back original goods, as packed for dispatch and in usable condition, subject to a deduction of 35% of the net value of the goods made for the resulting activities and return to store. In the case of goods made to order, the customer shall be obliged to purchase the whole quantity agreed.
7. Inspection and complaint
The customer must inspect the goods immediately upon receipt and report any defects or damage in writing, stating the reasons, within 5 working days. If other defects are discovered within the warranty period, they must be reported to Pronouvo in writing, stating the reasons, as soon as possible. If the complaint concerns products that have already been used, the customer must prove that the products were used for their intended purpose and in accordance with the Pronouvo instructions for use. In the event of damage in transit, the relevant reservations must be noted at the time of unloading and Pronouvo must be informed of the damage without delay.
8. Warrant and liability
Pronouvo warrants that the products comply with the technical specifications designated in the documentation. The products are subject to a warranty period of 2 years with effect from the date of delivery to the customer. Pronouvo shall not be liable for indirect or consequential damage or for external effects due, for example, to the acts of the customer or third parties. The customer shall be wholly liable for third party products used in combination with the Pronouvo products. The customer shall equally be liable for the use of the products. If any damage occurs, the customer shall be responsible for taking all necessary steps to prevent the damage from growing worse or the occurrence of other damage. The exclusion of liability shall not apply in cases of gross negligence or wilful intent.
9. Force majeure
Pronouvo shall not be liable for damage of any kind if the company is unable to discharge or comply with its contractual obligations due to the events referred to in paragraph 9.1, irrespective of whether the damage arises with the customer or with a third party.
9.1. Events of force majeure shall be understood to include, in particular, environmental and natural disasters, epidemics, war and other events which are individually or alltogether beyond the control of Pronouvo.
10. Intellectual property
All intellectual property rights existing in connection with the products shall remain entirely the property of Pronouvo. They shall not be transferred to the customer in any way.
11. Disposal
The disposal of the products delivered shall remain the exclusive responsibility of the customer.
12. Applicable law and place of jurisdiction
All goods supplied by Pronouvo to the customer shall be subject solely to Swiss law, to the exclusion of the United Nations Convention on the international sale of goods (the Vienna Convention). Any disputes between the parties in connection with the products of Pronouvo shall be heard exclusively by the courts with jurisdiction for the registered office of Pronouvo.