general terms and conditions (stand: June/2006)

1. Applicability of General Conditions of Sale

1.1 Each order placed with ELAG ast GmbH by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.2 ELAG ast GmbH reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after ELAG ast GmbH has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

2. Orders

2.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
2.2 ELAG ast GmbH offers its products on this website within the limits of its available stocks.
2.3 ELAG ast GmbH reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.

3. Prices

3.1 The prices payable for the items you order are those displayed on this website on the date you place your order, exclusive of VAT and delivery charges.
3.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
3.3 ELAG ast GmbH reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.

4. Payment

Within 30 days

5. Late Payment

5.1 In the event of late payment, you will be charged 6% interest on the outstanding balance as well as any administrative and legal collection costs.
5.2 ELAG ast GmbH reserves the right to refuse any new order until full payment of any overdue balance.

6. Customs Duties

6.1 When ordering products for international delivery to countries other than those Switzerland, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
6.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

7. Delivery

7.1 All orders confirmed by ELAG ast GmbH will be delivered to the delivery address you specify when placing your order.
7.2 ELAG ast GmbH does its utmost to ensure deliveries of products held in stock within 5 working days after receipt of an order.
7.3 Deliveries can only be made to the EU countries specified on this website.

8. Verification of Merchandise

8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
8.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform ELAG ast GmbH within three days after the delivery. ELAG ast GmbH shall in such a case provide you with identical replacement merchandise.

9. Limitation of Liability

9.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. ELAG ast GmbH shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
9.2 For international deliveries to countries other than Switzerland, ELAG ast GmbH shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
9.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL ELAG AST GMBH BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY ELAG AST GMBH), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.

10. Force Majeure

10.1 ELAG ast GmbH will make every reasonable effort to fulfil its obligations. However, ELAG ast GmbH cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
10.2 In the event of delay, ELAG ast GmbH will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
Erfüllungsort und Gerichtsstand für beide Teile ist unser Geschäftssitz. Es gilt ausschließlich das Recht der Schweiz.

11. Applicable Law and legal domicile

11.1 The present General Conditions of Sale are governed by the law of Switzerland.
11.2 The legal domicile is the location of the registered office of ELAG ast GmbH.