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  1. Allgemeine Geschäfts- und Lieferbedingungen (AGB) der Obturama AG

Standort: Brumoosstrasse 9, 9240 Uzwil SG, Schweiz

  1. Scope of Application 

    1. These General Terms and Conditions (GTC) apply to all deliveries and services provided by Obturama AG. Any terms and conditions of the customer that deviate from or conflict with these GTC are only valid if expressly accepted in writing by Obturama AG.

    2. Individual written agreements shall prevail over these GTC.

    3. If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the intended economic purpose.


  2. Price

    1. All prices are quoted in Swiss francs (CHF), exclusive of VAT. Price changes may occur at any time.

    2. Surcharges may apply for small quantities, small invoices, or partial packaging units.

    3. All additional costs—such as transport, packaging, fees, customs duties or surcharges (e.g., LSVA, material surcharges)—shall be borne by the customer.

    4. The delivered goods remain the property of Obturama AG until full payment has been made. The customer agrees to the registration of the retention of title in the official register, if required.


  3. Delivery and the Transfer of Risk

    1. Delivery is made ex works Uzwil (EXW). Benefit and risk pass to the customer once the goods are handed over to the carrier.

    2. Delivery dates are non-binding estimates. Operational disruptions, material shortages, force majeure or other unforeseeable circumstances release Obturama AG from delivery obligations for the duration of the disruption.

    3. The customer is not entitled to withdraw from the contract or claim damages due to delayed delivery.


  4. Transport and Packaging

    1. Obturama AG packs the goods in an appropriate manner and, upon request, arranges transport.

    2. All costs for packaging, transport, customs, insurance, and any additional fees shall be charged to the customer.Obturama AG packs the goods in an appropriate manner and, upon request, arranges transport.

    3. Insurance coverage from the point of delivery ex works is the responsibility of the customer.


  5. Payment Terms

    1. Unless otherwise agreed, invoices are payable net within 30 days.

    2. In case of late payment, default interest of 5% and a reminder fee of CHF 20.– will be charged from the second reminder onwards.

    3. Obturama AG reserves the right to assign outstanding claims to third parties (e.g., collection agencies).


  6. Returns

    1. Returns are only accepted with the prior written consent of Obturama AG.

    2. Standard items must be returned unused, undamaged, and in their original packaging.

    3. A handling fee of 20% of the value of the goods (minimum CHF 100.–) will be deducted.

    4. The following items are excluded from return:

      1. costum-made products

      2. non-stock items

      3. clearance itams

      4. goods that have already benn installed or used


  7. Notice of Defects and Warranty

    1.  The customer must inspect the goods immediately upon receipt. Any defects must be reported in writing within 8 days. Late notifications of defects will not be accepted (Art. 201 Swiss Code of Obligations).

    2. In the event of justified defects, Obturama AG will, at its discretion, either repair the goods or provide a replacement. All further claims—such as damages, reduction in price, installation or removal costs, or loss of profit—are excluded to the extent permitted by law.

    3. Warranty claims are excluded in cases of:

      1. improper storage, use, processing or installation

      2. modification to the goods

      3. natural wear and tear

      4. customary variation in color, structure, or format

    4. Liability for intentional or grossly negligent damage cannot be excluded.


  8. Intellectual Property Rights
    1. All technical documents, drawings, illustrations, samples and trademarks remain the property of Obturama AG and may not be reproduced or made accessible to third parties without prior written consent.

    2. The customer undertakes to respect all intellectual property and proprietary rights.


  9. Applicable Law and Place of Jurisdiction

    1. These GTC are governed exclusively by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

    2. The exclusive place of jurisdiction is Uzwil SG, Switzerland, provided the customer is not a consumer under Swiss law.