Catalogue VOH SA - V 5.1

a maximum of sixty (60) days before, the Customer is entitled to suggest that VOH take it back, but VOH shall not be obliged to accept. If VOH accepts, all the expenses and risks of the return shall be borne by the Customer. VOH will credit the Customer the net price (after deduction of the costs of packaging, transport, insurance, customs duties, etc.) that the Customer actually paid originally less a reduction of fifteen percent (15%), but at least fifty Swiss francs (CHF 50) for the costs of the case. Merchandise that is non-standard or specially ordered by the Customer will not be taken back. 14. Standard exchanges Standard exchange is understood to mean the replacement of a part, a sub- unit or a module by the same element, which however is not new but duly overhauled by VOH and which benefits from the same guarantee and the same specifications as the same new element, but from a more advantageous price. VOH does not guarantee that it will always have in stock and be able to supply such elements. The defective element that has been the object of a standard exchange will have to be in a state that allows its repair and must arrive at VOH within thirty (30)days following thedeliveryof thestandardexchangeelement, postage paid and packaging and insurance paid by the Customer; the customs, import or other duties will be paid by VOH. Failing this VOH will not credit to the Customer the difference between the price invoiced at the time of delivery and the buy-back price of the defective elements. 15. Cancellation/reduction of the Order - Suspension of the execution of the Order If the Customer should cancel the Order as Confirmed, or suspend its execution, for a cause not imputable to VOH - in particular if the Customer has ordered a large quantity of Merchandise, or special or non-standard Merchandise, which VOH had to manufacture or order from a supplier - VOH shall have the right to invoice to the Customer the costs incurred. This invoice will be payable within thirty (30)days. If theCustomershould reduce theOrderasConfirmedand if this reduction has an impact on the prices for quantities or on any volume-related discounts, VOH shall be entitled to invoice to the Customer the corresponding difference. This invoice will be payable within thirty (30) days. In the event that VOH should note during the course of producing the Order that the financial si- tuation of the Customer risks deteriorating or is in process of deteriorating, VOH shall have the right to give notice to the Customer to supply it with guarantees or advances, including for covering the anticipated costs for VOH in relation to continuing the work on the Order. As soon as notice has been given to the Customer, VOH shall be entitled to suspend the work involved in producing the Order. If the Customer cannot solve the problems within a reasonable amount of time, is not honouring its commitments, does not supply the additional gua- rantees necessary, or does not pay the advances requested, VOH shall have the right to reduce the Order, or even to cancel it. In such an event, VOH shall be entitled to invoice to the Customer the costs incurred, and this invoice will be payable within thirty (30) days. 16. Force majeure If,duetocircumstancesbeyondanyone’scontrol(forcemajeure),theshippingof the Merchandise becomes impossible, the Parties will consult together in order to find a balanced solution. Circumstances beyond anyone’s control (force ma- jeure) are understood to mean those stipulated by Swiss law and jurisprudence. 17. Invalidation of one clause If one or more clauses of the present General Terms and Conditions should be partially or totally invalidated, the rest of the present General Terms and Condi- tions shall retain their full validity. Insofar as the invalidated clause or clauses is/ are concerned, the Parties shall consult together to determine a replacement solution whose legal and economic scope is as close as possible to that of the invalidated clause(s). 18. Official version Only the French version of the present General Terms and Conditions of Sale is authoritative. 19. Place of execution, court and law applicable ThepresentGeneralTermsandConditionsofSaleaswellasall theordersplaced by thebuyeraregovernedbySwiss law.Theplaceofexecutionand theexclusive jurisdiction for VOH Ltd and the buyer are at the registered office of VOH Ltd. Courtelary, March the 30th, 2016 www.voh.ch 120 |