General Terms and Conditions (GTC) of HA-CO Motion AG

Scope of application

For business transactions regardless of the type of order (mail, telephone, online, etc.) between the purchaser hereinafter referred to as customer or clientele and HA-CO Motion AG, the General Terms and Conditions (GTC) apply exclusively. These are published in German only. General terms and conditions of purchase or other terms and conditions of the customer shall not become part of the contract even if reference is made to them in other documents or they are not expressly excluded.

These General Terms and Conditions shall be binding for all present and future business transactions, even if no specific reference is made thereto, insofar as the confirmation of HA-CO Motion AG or a written agreement between the parties does not expressly deviate therefrom. HA-CO Motion AG may also refer to oral agreements, orders and delivery schedules.

HA-CO Motion AG reserves the right to change these GTC at any time. The version in force at the time of the order, which is published on the homepage, shall be authoritative.

Information

Product and price

All catalogs and offers of HA-CO AG are subject to change and non-binding. Pictures of products are for illustrative purposes and are also non-binding. All rights to the items made available to the Customer by HA-CO Motion AG (drawings, illustrations, calculations, descriptions, models, documents, information and aids) shall remain with HA-CO Motion AG. The Customer shall be obliged to maintain secrecy with regard to HA-CO Motion AG's manufacturing and business secrets and any items entrusted to it and neither to exploit them without authorization nor to make them accessible to third parties and to return them to HA-CO Motion AG at HA-CO Motion AG's first request.

Dimensions, weights, technical specifications, illustrations and descriptions as well as delivery periods and dates shall only be binding if they have been agreed as such; otherwise they shall be regarded as mere approximate values.

All sales prices published in the online store are indicative prices. Explicitly excluded are: Quantity discounts, currently valid VAT of the respective country of sale, possible prepaid recycling fees (vRG), costs for packaging/s, delivery costs and all other possible levies, fees or costs.

For orders below 50 CHF / EURO a minimum quantity surcharge will be applied. This amounts to the difference up to the amount of the minimum quantity surcharge. HA-CO Motion AG reserves the right to change the prices of the offered products and services at any time. The price, which is sent to the customer in the order confirmation (AB) following the order, is decisive for the conclusion of the purchase contract.

Availability and delivery time

HA-CO Motion AG attaches great importance to indicating current and accurate availability and delivery times in the online store.

However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on availability and delivery times are therefore without guarantee and may change at any time.

Insofar as a delivery period or delivery date has been agreed as binding, the customer shall set a reasonable grace period in the event of delay. Even if HA-CO Motion AG does not deliver within the grace period, the customer may not claim damages for untimely delivery beyond the delivery claim.

Supplementary services: Assembly, disposal and training

Assembly includes delivery, unpacking and assembly of the ordered products including disposal of the necessary packaging material.

Any disposal of customer material includes the receipt and environmentally friendly disposal of the products indicated by the customer when placing the order. The costs will be notified in advance to the customer according to his information. Possible changes are reserved.

If the installation service cannot be provided due to a reason for which the customer is responsible (e.g. due to non-compliance with the installation date, incorrect measurement information, etc.), the customer shall not be entitled to a refund of the installation service paid.

Installation, commissioning, training and user support will be provided by HA-CO Motion AG at the request of the customer if possible and are not included in the price. These shall be remunerated separately in accordance with HA-CO Motion AG's usual rates.

Conclusion of contract

The contract shall only be concluded for products or services of HA-CO Motion AG when the AB has been accepted by the customer.

Orders shall only be binding on HA-CO Motion AG after written confirmation. The confirmation shall be deemed to have been approved by the Customer if he does not object to it within 2 working days of receipt.

In the case of online orders, a confirmation e-mail will be sent automatically to the customer in which only the assurance is given that the product can be delivered. The following AB contains the effective costs (product and delivery costs) and is considered as a sales contract.

Delivery / Collection

Deliveries (partial deliveries are allowed) are ex works Altendorf (INCOTERMS 2020). This also applies if HA-CO Motion AG organizes and/or pays for the transport. The interpretation of the terms of delivery shall be based on INCOTERMS 2020, unless these GTC provide otherwise.

The cost of shipping depends on the ordered product and will be communicated to the customer in the AB. It is based on market prices.

The delivery must also be easily accessible by truck. If this is not the case, the customer bears the possible additional costs, which are raised by the forwarding agent.

The customer has the possibility to pick up the goods on site in our factory. He must note this in advance in the order.

For compliance with the delivery period or delivery date, it is relevant when the delivery item has left the factory or the readiness for shipment has been communicated. Packaging will be charged additionally at cost price and will not be taken back.

Subsequent changes to the conditions of delivery, non-fulfilment or late fulfilment of contractual obligations by the customer, unforeseen events beyond the control of HA-CO Motion AG, e.g. operational disruptions, strikes, lock-outs - in its own works or those of its subcontractors - shall extend the delivery period appropriately, even if they occur during a delay in delivery.

The customer shall inform HA-CO Motion AG in good time of any special conditions and regulations at the place of destination (e.g. safety regulations, customs formalities, import requirements, re-export bans, etc.) insofar as they are of significance for the execution of the order and the delivery.

Inspection by customer

The customer is obliged to carry out the necessary inspections immediately after receipt of the goods and to give notice of any defects in writing within 2 days. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.

The product is not to be used during the complaint period and must be kept in its original packaging. During this time the product remains the property of HA-CO Motion AG.

Payment

Payments are to be made within 30 days of the invoice date, strictly net or if otherwise stated on the AB. For larger orders or longer production time HA-CO Motion AG may request a deposit with the confirmation.

Cash payments are only possible upon collection and only after written notification on the AB.

HA-CO Motion AG retains ownership of the delivered goods until all claims against the customer arising from the current business relationship have been settled.

In the case of new customers, default in payment or indications of a deterioration in the Customer's solvency or insolvency, HA-CO Motion AG shall be entitled to invoice the entire price including estimated transport and other ancillary costs prior to commencement of execution of the order and delivery and to make acceptance and execution of the order dependent on security or advance payment.

In the event of late payment, interest on arrears of 8% shall be owed from the invoice date, subject to the assertion of further damages. Withholding of payments or offsetting against any counterclaims of the Customer against HA-CO Motion AG shall not be permitted.

HA-CO Motion AG shall charge a handling fee of CHF 25 for the 2nd reminder and CHF 50 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with collection. In this case, an additional effective annual interest of up to 20% on the invoice amount owed from the due date can be charged. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

Change of order / cancellation

Changes to an order by the customer can only be accepted after HA-CO Motion AG has given its consent. Any additional costs will be charged to the customer.

Cancellations on the part of the customer are only possible with reservation and prior contact. If HA-CO Motion AG has already ordered material from its suppliers and is unable to return it, a cancellation by the customer shall be null and void and the customer must accept the ordered goods. If a cancellation results in costs for HA-CO Motion AG itself, these shall be borne by the customer.

Return of products

Return of ordered products is only possible after prior approval by HA-CO Motion AG. Custom-made products and special solutions cannot be returned. The products are to be packed completely in the original packaging in a professional manner. Products damaged by the customer will not be taken back or will be charged to the customer in full. All return costs shall be borne by the customer.

If the customer makes use of his right of return, the entire purchase price will be refunded minus any shortage surcharge paid, the shipping and packaging costs.

Warranty

HA-CO Motion AG warrants that the specifications expressly promised in the confirmation will be complied with and generally that the orders will be executed with the care customary in the industry. The warranty period (factory warranty) is 24 months calculated from the date of delivery, unless a longer period has been agreed.

Excluded from the warranty are defects and malfunctions for which HA-CO Motion AG is not responsible, such as natural wear and tear, force majeure, improper handling, interference by the customer or third parties, excessive and improper use, unsuitable operating materials or extreme ambient conditions, non-compliance with assembly, operating and maintenance instructions, etc. The customer shall first notify HA-CO Motion AG of any defect.

In the event of any defect, the customer shall initially only have the right to demand that HA-CO Motion AG rectify the defect or replace the defective goods with non-defective goods, at HA-CO Motion AG's discretion. HA-CO Motion AG shall provide this service at its discretion either at its premises or at the customer's premises, who shall grant HA-CO Motion AG free access. Any ancillary costs, such as transport costs, travel and accommodation expenses, costs for dismantling, assembly and repair of defect-free parts, etc., shall be borne by the Customer.

Insofar as HA-CO Motion AG fails to remedy the defect within a reasonable period of time, the customer shall be entitled to demand a reduction in price or cancellation of the order, depending on the severity of the defect. In this case HA-CO Motion AG shall pay the Customer the appropriate part of the price for the goods, or the entire contract price step by step against

Liability and exclusion of liability

HA-CO Motion AG shall only be liable for damage suffered by the Customer which is directly related to the breach of contractual obligations and which has been caused by HA-CO Motion AG itself intentionally or through gross negligence. Liability for slight negligence on the part of HA-CO Motion AG or for acts of auxiliary persons engaged by it shall be excluded to the extent permitted by law.

Under no circumstances shall HA-CO Motion AG be liable for direct or indirect consequential damages, damages to third parties or loss of profit (e.g. as a result of sales not being made or interruptions in operations). HA-CO Motion AG shall only assume further liability within the scope of and in accordance with the product liability insurance it has taken out, if and insofar as cover is provided.

The exclusion or limitation of the liability of HA-CO Motion AG shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents.

The customer is obliged not to remove the labels on the products regarding the exclusion of liability and to leave them visible if technically possible, to pass on the instructions for use and not to assume any further warranties and liabilities towards its customers than in accordance with these General Terms and Conditions. Otherwise, he shall fully indemnify HA-CO Motion AG for any resulting damage.

Further explanations

The topic of data protection is dealt with in a separate document, which can be found on the homepage of HA-CO Motion AG. Any further terms and conditions such as "Statements on the Webshop" etc. are explicitly placed after this document and apply in sequential order.

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of these GTC and the rest of the contract.

All legal relations between HA-CO Motion AG and the customer shall be governed by Swiss law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) and the rules on international private law.

The place of jurisdiction shall be at the registered office of HA-CO Motion AG in Altendorf SZ.

Issued November 2022