These general conditions govern the sale of Products (“Product or Products”) and the provision of services (“Services”) by BrewWorks Switzerland (Couka Poupa Sàrl) (“BWS”) and its affiliated companies (“Seller”) as well as by third party vendors and / or vendor service providers. These terms and conditions („Agreement“) prevail over any additional or conflicting terms and conditions of Buyer to which notice of objection is hereby given. Neither the commencement of execution or delivery by Seller shall be deemed or construed as acceptance of any additional or conflicting terms and conditions of Buyer. BWS’s inability to object to any conflicting or additional terms will not change or add to the terms of this agreement.
- Orders: All orders placed by the Buyer are subject to Seller’s acceptance. Orders cannot be cancelled or rescheduled without the written consent of the Seller. All orders must identify the products, unit quantities, applicable prices and requested delivery dates of the Products purchased. The Seller may, at its sole discretion, distribute the product among its customers. The Seller may designate certain Products and Services as non-cancellable, non-returnable (“NCNR”) and the sale of such Products will be subject to any special conditions contained in the Seller’s order acknowledgment or the NCNR Letter, which shall prevail and supersede any inconsistent terms contained in this document or elsewhere.
- Price: The prices of the Products are the prices indicated on the front of the invoice. The price of undelivered Products may be increased in the event of increased costs of the Seller, change in market conditions or any other cause beyond the control of the Seller. Price offers automatically expire within thirty (30) days from the date of issue, or otherwise stated in the offer.
- Taxes: Unless otherwise agreed in writing by the Seller, all prices are quoted excluding freight and insurance costs, duties and all taxes. The Buyer agrees to indemnify and release the Seller from any tax liability in connection with the sale, as well as its collection or withholding, including penalties and interest thereon. Where applicable, freight charges and taxes must appear as separate items on Seller’s invoice.
- Payment: Payment can be made by bank transfer or in cash (within the Swiss legal limit). PAYMENT IS DUE ON ORDER CONFIRMATION, unless otherwise agreed with the Seller. When the Seller has granted credit to the Buyer, the terms of payment are net thirty (30) days from the date of invoice, without compensation or deduction, unless otherwise indicated. The Buyer will lose the currently activated automatic prepayment discount of CHF 25.00 per tonne. On any overdue invoice, the Seller may charge interest at the rate of five percent (5%) per year in accordance with article 104 CO of Swiss law. If the Buyer does not make each payment when due, the Seller reserves the right to modify or withdraw credit and thus suspend or cancel all or part of the purchase orders or agreements in which the Seller has granted credit to the Buyer. In the event of Buyer’s default, Seller will be entitled to costs, fees and charges, including but not limited to the recovery of attorney’s fees, court costs and fees, and collection costs. For malt orders of less than 4 pallets (4 tonnes), an administration fee of CHF 200.00 will be added to your invoice. For Key-keg / Unikeg orders under 1 pallet, an administration fee of CHF 25.00 will be added to your invoice.
- Delivery and Title: All deliveries will be made „EXWORKS“ to the place of shipment. Title and risk of loss passes to Buyer upon delivery of the product to the carrier. Seller’s delivery dates are estimates only and Seller is not responsible for any delays in delivery or failures due to causes beyond its control, nor will the carrier be considered an agent of Seller. A delay in delivery of all or part of an Order does not entitle the Buyer to cancel other deliveries.
The delivery costs (excluding malt and Keykeg / Unikegs) are CHF 10.00 excluding VAT in Switzerland.