Terms of Use

Terms of Use

 

1.  Area of application

Use of this Website is only permitted under the terms of use listed here. By accessing these, you recognise that you have read and understood the following terms of use and declared your agreement with them. Furthermore, you declare that you agree to observe all applicable laws and all other relevant rules and conditions. If you do not agree to the following conditions, you are not permitted to use this Website. We reserve the right to amend these terms of use in whole or in part at any time without prior notification. The new terms shall apply with immediate effect to all the information, details, goods and services on this Website unless expressly indicated otherwise. The changes shall be deemed to have been accepted if the user continues to use this Website.

2.  Rights to intellectual property

All rights, titles and claims (including copyright, trademark, patent and other rights to intellectual property and other rights) to all information and content (including all text, data, graphics, sounds and logos) on this Website are our exclusive property or that of the respective owners.

This Website does not grant any licences or rights to use the intellectual property contained on it, including trademarks and copyrights. Use of this information and content is permitted only for private, non-commercial purposes. Unless written permission is obtained from us in advance, the copying, duplication, publication, transmission, sale, imitation or use of this information or content for public or commercial purposes is not permitted.

We expressly draw your attention to the fact that this Website contains images/photos which are the protected by the copyright of third parties.

3.  Websites of third-party providers/links

This Website may contain content of third-party providers or links to the websites of third parties. The content and links are provided solely for your convenience and information. We do not have control over the content or websites of third parties and take no responsibility and provide no warranty whatsoever for the content or websites, nor do we give any undertakings in this regard. This includes, among other things, the correctness, content, quality and recency of these websites. We are not liable for the content or websites of third parties, nor for websites to which our Website contains links or displays in frames.

4.  Forward-looking statements

This Website may contain forward-looking statements based on the convictions held by management. The purpose of using expressions like “expect”, “estimate”, “anticipate”, “intend” or “plan” on this Website is to make forward-looking statements. These statements may be influenced by unforeseeable risks and uncertainties such as, for example, changes to the general economic and business conditions, technological progress, fluctuations in exchange rates and changes in interest rates, influences of competitor products, price level developments and other risks. The actual facts and results may deviate significantly from these forward-looking statements.

5.  Services on this Website

This Website may contain information, documentation or other content that are expressly available for viewing or downloading. We are entitled to discontinue operation of this Website at any time, in full or in part. We cannot guarantee the uninterrupted availability of the website. Any liability in this regard is expressly excluded. The information, documentation and other content on this Website is only provided on the terms set out in this document or, as the case may be, in any additional written conditions.

6.  Disclaimer of warranty

We continuously check and update the information on this Website. Although we exercise the greatest possible care in this, we cannot guarantee that the Website is free of errors.

The information and opinions we publish are provided exclusively for personal use and for information purposes. They may be amended at any time without prior notification. We accept no liability or responsibility – whether express or tacit – for the recency, correctness or completeness of the information provided.

The information provided does not substitute any business or other professional advice.

7.  Exclusion of liability

To the extent permissible by law, all liability and responsibility on our part is excluded for losses or damages of any kind, be they direct, indirect or consequential damages, arising form the use or access (or, as the case may be, from the impossibility of use or access) to our Website, individual elements thereof or links to third-party websites. Moreover, we disclaim all liability for manipulation of the Internet user’s computer system by unauthorised persons.

We strive to exclude viruses and other destructive computer codes from our Website. However, we make no guarantees and accept no obligation, responsibility or liability (neither express nor tacit) in relation to viruses or such computer code. You should take all the required security measures before using our Website or downloading content.

8.  Court of jurisdiction and applicable law

These terms of use and all questions and disputes in connection with the use of this Website are subject to Swiss law, to the exclusion of the provisions of international private law and of the UN Convention on the International Sale of Goods.

Any disputes in connection with the use of this Website will be heard exclusively by the ordinary courts of Biel/Bienne (BE), Switzerland. We are entitled to take action against the customer before the competent court at the latter’s domicile or before any other competent court.

General Terms and Conditions

1. Validity

The following terms and conditions of delivery and payment will be deemed accepted by the customer upon placement of an order. The customer’s standard terms and conditions of business, if applicable, and any deviation from the present Terms and Conditions will be valid subject to our written consent only.

2. Place of Performance – Risk of Loss – Delivery Conditions

Delivery is made by DIAMETAL ex works (EXW, Incoterms 2010) in each case on the account of our customer and at our customer’s risk of loss. Overdelivery and underdelivery of +1- 10 % of quantities ordered, as well as partial deliveries are permissible. The place of performance regarding payments is CH-2504 Biel/Bienne.

3. Price – Terms of Payment – Default Payment

All prices are quoted net of value-added tax and accessory charges (e.g., packaging, freight, insurance, custom fees, etc.), which will be invoiced to the customer separately. The purchase price of any delivery will be due for payment within 30 days from the invoice date. In case the customer should be in default of payment, the customer will be liable to pay default interest at a rate of 8 % p.a. as accruing from the due date of payment. Furthermore, DIAMETAL will be released from performance of its obligations until receipt of payment as overdue.

4. Delivery Date

Delivery dates stated by DIAMETAL are always approximate and never constitute a fixed deal. Insofar as legally permissible, the customer is not entitled to any claim for damages in case of DIAMETAL defaulting in delivery.

5. Drawings – Tools – Property Rights

Specifications in documentation of DIAMETAL, e.g., illustrations, or of weights or dimensions, are authoritative on an approximate basis only, unless expressly designated as binding.
DIAMETAL is entitled to all rights in and to the designs and drawings produced by DIAMETAL, as well as in and to tools and inventions used, even if the customer has been charged with a part of the expenses incurred to this effect.
The customer warrants without limitation that no third party’s rights will be infringed by DIAMETAL’s producing articles in accordance with the customer’s specifications.

6. Inspection of Goods

Representations regarding quality characteristics are not binding unless expressly declared as binding in the related order confirmation or specifications. The customer shall inspect all goods immediately after receipt. Any defect shall be reported to us in writing immediately, or not later than within 10 days after the delivery date. In case of any justified claim for defect, DIAMETAL shall at its option replace or repair the defect article(s) or refund the price thereof at such amount as equalling the reduction in value. Any further warranty rights, including without limitation any claim for damages, are explicitly excluded to such extent as legally permissible (cf. para. 8 hereof).

7. Customer’s Duties of Care in Using our Products – Exclusion of Liability for Consulting Services

Any consulting services we may provide to the customer with respect to application technology are — subject to any compulsory regulation provided by law — explicitly provided under disclaimer of any liability whatsoever. In particular, our consulting services do not release the customer from its responsibility to inspect the purchased products in view of their suitability for intended procedures and purposes. Furthermore, the customer undertakes to make sure that our tools will always be applied in strict compliance with the safety regulations related to the machinery being used for such purpose.

8. Liability

Any damages that may be due for material defects or any defect in title will be limited to such corrective performance as specified in para. 6 above, yet in any case to the value of the defective performance at issue. Warranty will be forfeited immediately if and when the delivered article is installed or repaired improperly by the customer or a third party.
Any liability for consequential damages caused by a defect and for property damages of any kind is explicitly excluded to such extent as legally permissible.
The same provision applies to any damages claimed under any other title, e.g., non-performance or positive breach of contract, or damages claimed by way of recourse.

9. Reservation of Ownership

Ownership of the products delivered will remain with us until full payment has been effected of all claims attributable to our business relationship, inclusive of any collateral charges. The customer undertakes to assist DIAMETAL without reservation in filing an application to this effect with the registry of the competent debt enforcement office, all to such extent as necessary and upon first request. In combination with any order placed with DIAMETAL, the customer authorises DIAMETAL in particular to apply for registration of ownership reservation in public registers and books at the customer’s expense.

10. Governing Law – Place of Venue

This delivery contract is governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

The sole legal venue shall be Biel/Bienne, Switzerland.

 

(As at: August 2019)

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