General Terms and Conditions of Business of Pacojet International AG
1. Miscellaneous/scope
These general terms and conditions of business ("GTC") govern the terms and conditions of business and the services to be rendered between Pacojet International AG ("Pacojet") and Pacojet's distributors. A distributor is any party that has concluded a distribution agreement with Pacojet, or that Pacojet has recognized as a distributor. By ordering a product from our range, the party placing the order shall be considered to have tacitly accepted the GTC. Pacojet must agree to any deviating terms and conditions in writing for them to be valid.
These general terms and conditions of business ("GTC") govern the terms and conditions of business and the services to be rendered between Pacojet International AG ("Pacojet") and Pacojet's distributors. A distributor is any party that has concluded a distribution agreement with Pacojet, or that Pacojet has recognized as a distributor. By ordering a product from our range, the party placing the order shall be considered to have tacitly accepted the GTC. Pacojet must agree to any deviating terms and conditions in writing for them to be valid.
2. Quotes
All quotes issued by Pacojet are non-binding, and Pacojet reserves the right to make changes to its prices and its range of products, among other things. All other product details, such as photographs, specifications, accessory designations, etc., are provided without guarantee and do not constitute assurances of certain characteristics. The specifications valid at the time of delivery are authoritative. The product descriptions, images and text stem from Pacojet, which holds an exclusive right to use them. Pacojet accepts no liability for the contents of the home pages of retailers or other third parties to which it provides links.
All quotes issued by Pacojet are non-binding, and Pacojet reserves the right to make changes to its prices and its range of products, among other things. All other product details, such as photographs, specifications, accessory designations, etc., are provided without guarantee and do not constitute assurances of certain characteristics. The specifications valid at the time of delivery are authoritative. The product descriptions, images and text stem from Pacojet, which holds an exclusive right to use them. Pacojet accepts no liability for the contents of the home pages of retailers or other third parties to which it provides links.
3. Contract formation
The quotes issued by Pacojet constitute non-binding requests for a distributor to order goods from Pacojet. By placing an order and simultaneously accepting the present GTC, the distributor makes a legally binding offer to enter into a contract. The contract is formed with legal effect when Pacojet accepts the quote by confirming the order via email or fax. Once orders have been confirmed, the distributor can no longer cancel or amend them without Pacojet's written consent. Contracts are explicitly formed subject to the availability of the ordered product.
The quotes issued by Pacojet constitute non-binding requests for a distributor to order goods from Pacojet. By placing an order and simultaneously accepting the present GTC, the distributor makes a legally binding offer to enter into a contract. The contract is formed with legal effect when Pacojet accepts the quote by confirming the order via email or fax. Once orders have been confirmed, the distributor can no longer cancel or amend them without Pacojet's written consent. Contracts are explicitly formed subject to the availability of the ordered product.
4. Prices, delivery (EXW) and transfer of benefits and risks
All of Pacojet's prices apply ex works (EXW in accordance with the INCOTERMS 2022), in CHF, and exclude VAT. All incidental costs such as shipping and packaging costs, any customs or insurance costs, and additional charges depending on the chosen means of payment are stated and charged separately, and are borne in full by the distributor. Pacojet may change its prices at any time. Published prices become invalid as soon as a new price list is released. The prices valid when an order is placed apply. The retail prices do not cover any advisory or support services. Technical alterations may be made, and the price lists may contain mistakes as well as clerical errors and misprints. Pacojet delivers the products ex works (EXW in accordance with the INCOTERMS 2022). Pacojet accepts no liability once the distributor has taken receipt of the goods ex works. The benefits and risks are transferred to the distributor when the consignments are handed over ex works. The distributor bears sole responsibility for taking out insurance against damage or loss during transportation. The distributor should therefore submit any complaints relating to said transportation, in writing, to the final forwarding agent or its insurance provider without delay after receiving the products. Pacojet should be notified of this (for information purposes only).
All of Pacojet's prices apply ex works (EXW in accordance with the INCOTERMS 2022), in CHF, and exclude VAT. All incidental costs such as shipping and packaging costs, any customs or insurance costs, and additional charges depending on the chosen means of payment are stated and charged separately, and are borne in full by the distributor. Pacojet may change its prices at any time. Published prices become invalid as soon as a new price list is released. The prices valid when an order is placed apply. The retail prices do not cover any advisory or support services. Technical alterations may be made, and the price lists may contain mistakes as well as clerical errors and misprints. Pacojet delivers the products ex works (EXW in accordance with the INCOTERMS 2022). Pacojet accepts no liability once the distributor has taken receipt of the goods ex works. The benefits and risks are transferred to the distributor when the consignments are handed over ex works. The distributor bears sole responsibility for taking out insurance against damage or loss during transportation. The distributor should therefore submit any complaints relating to said transportation, in writing, to the final forwarding agent or its insurance provider without delay after receiving the products. Pacojet should be notified of this (for information purposes only).
5. Delivery deadlines and conditions
The delivery lead times specified by Pacojet are non-binding guide values. If a delivery lead time is exceeded, and a 30-day grace period specified in writing by the distributor expires, the distributor may cancel the order but may not demand compensation for damages. Pacojet may cancel orders due to external factors that are beyond its control without incurring any additional costs. Pacojet may make partial deliveries.
The delivery lead times specified by Pacojet are non-binding guide values. If a delivery lead time is exceeded, and a 30-day grace period specified in writing by the distributor expires, the distributor may cancel the order but may not demand compensation for damages. Pacojet may cancel orders due to external factors that are beyond its control without incurring any additional costs. Pacojet may make partial deliveries.
6. Inspection of the product by the distributor
Pacojet guarantees that the products it sells are functional, defect-free and match their product descriptions when they are delivered ex works. Any more extensive warranties and guarantees are explicitly excluded (cf. sections 7 and 8). The distributor undertakes to inspect the delivered goods without delay after receiving them to verify that they are correct, functional, complete and undamaged, and to submit any complaints due to defects in writing to Pacojet within ten calendar days, stating the grounds for complaint (potentially including photographs). Failure to do so shall result in the forfeiture of the right to complain, and only hidden defects shall be recognized from that point on. Hidden defects must be reported to Pacojet in writing without delay following their discovery (within 48 hours). In the event of justified complaints that are submitted in good time, Pacojet may either make a replacement delivery or reimburse the purchase price in return for the goods. All other claims, including but not limited to claims to a reduction in the purchase price or compensation for damages, are excluded. In the event of complaints, all product parts must be kept in the original packaging.
Pacojet guarantees that the products it sells are functional, defect-free and match their product descriptions when they are delivered ex works. Any more extensive warranties and guarantees are explicitly excluded (cf. sections 7 and 8). The distributor undertakes to inspect the delivered goods without delay after receiving them to verify that they are correct, functional, complete and undamaged, and to submit any complaints due to defects in writing to Pacojet within ten calendar days, stating the grounds for complaint (potentially including photographs). Failure to do so shall result in the forfeiture of the right to complain, and only hidden defects shall be recognized from that point on. Hidden defects must be reported to Pacojet in writing without delay following their discovery (within 48 hours). In the event of justified complaints that are submitted in good time, Pacojet may either make a replacement delivery or reimburse the purchase price in return for the goods. All other claims, including but not limited to claims to a reduction in the purchase price or compensation for damages, are excluded. In the event of complaints, all product parts must be kept in the original packaging.
7. Exclusion of warranty/guarantee; distributor's guarantee discount and guarantee obligations toward customers
All claims under warranty are excluded, to the extent permitted by law. Pacojet also offers the distributor no guarantees for the products purchased from Pacojet. Instead of a guarantee, Pacojet grants the distributor a discount (guarantee discount) on the Pacojet appliances it purchases from Pacojet, but not on any other products. This discount on each purchased Pacojet appliance is specified in Annex 3 to the distribution agreement. In return, the distributor undertakes to offer warranty and guarantee services to customers in accordance with the local statutory provisions that apply in its sales territory (please refer to Annex 5).
All claims under warranty are excluded, to the extent permitted by law. Pacojet also offers the distributor no guarantees for the products purchased from Pacojet. Instead of a guarantee, Pacojet grants the distributor a discount (guarantee discount) on the Pacojet appliances it purchases from Pacojet, but not on any other products. This discount on each purchased Pacojet appliance is specified in Annex 3 to the distribution agreement. In return, the distributor undertakes to offer warranty and guarantee services to customers in accordance with the local statutory provisions that apply in its sales territory (please refer to Annex 5).
8. Exclusion of liability
Pacojet excludes all liability, insofar as it is permitted to do so by law. This exclusion of liability applies (not exclusively) to direct or consequential damages incurred as a result of the use of the product acquired by the distributor (either by the distributor itself or by a third party), as well as to lost earnings or other financial losses. In the event of a liability claim, the amount of liability shall also be limited to the value of the goods.
Pacojet excludes all liability, insofar as it is permitted to do so by law. This exclusion of liability applies (not exclusively) to direct or consequential damages incurred as a result of the use of the product acquired by the distributor (either by the distributor itself or by a third party), as well as to lost earnings or other financial losses. In the event of a liability claim, the amount of liability shall also be limited to the value of the goods.
9. Means of payment, terms and conditions of payment, and late payments by the distributor
Pacojet accepts payment by means of cash in advance, credit cards, debit cards or sale on account. Data for direct payments, such as when paying using a credit card or debit card, is transmitted in an encrypted format. The terms and conditions stated in the order confirmation are used as the terms and conditions of payment. When making a purchase on account, the invoice is issued when delivery is made EXW. Invoices must be paid in full within 30 calendar days. If the distributor misses a payment deadline when making a purchase on account or using a credit/debit card, Pacojet may grant the distributor a ten-day grace period. If payment is not received in full by the end of this grace period, Pacojet may withdraw from the purchase agreement without delay and demand the return of any goods that have already been delivered. In the case of purchases made using a credit or debit card, the amount is charged when the order is placed. In the case of cash payments in advance, the invoice must be paid within 30 calendar days. Otherwise, Pacojet shall be entitled to cancel the order without delay. If discounts have been explicitly agreed and noted on the invoice, these shall only be permitted if payment is made within the specified discount period. Pacojet may exclude individual means of payment, either generally or for individual distributors, without providing justification. If the distributor is in default of payment, Pacojet may charge dunning fees of CHF 150 plus any other collection expenses after issuing a second reminder.
Pacojet accepts payment by means of cash in advance, credit cards, debit cards or sale on account. Data for direct payments, such as when paying using a credit card or debit card, is transmitted in an encrypted format. The terms and conditions stated in the order confirmation are used as the terms and conditions of payment. When making a purchase on account, the invoice is issued when delivery is made EXW. Invoices must be paid in full within 30 calendar days. If the distributor misses a payment deadline when making a purchase on account or using a credit/debit card, Pacojet may grant the distributor a ten-day grace period. If payment is not received in full by the end of this grace period, Pacojet may withdraw from the purchase agreement without delay and demand the return of any goods that have already been delivered. In the case of purchases made using a credit or debit card, the amount is charged when the order is placed. In the case of cash payments in advance, the invoice must be paid within 30 calendar days. Otherwise, Pacojet shall be entitled to cancel the order without delay. If discounts have been explicitly agreed and noted on the invoice, these shall only be permitted if payment is made within the specified discount period. Pacojet may exclude individual means of payment, either generally or for individual distributors, without providing justification. If the distributor is in default of payment, Pacojet may charge dunning fees of CHF 150 plus any other collection expenses after issuing a second reminder.
10. Retention of title
Ordered goods shall remain Pacojet's property until payment has been made in full. Pacojet may make a corresponding entry in the title retention register. The goods may not be pledged, assigned as collateral, processed or altered before title is transferred without Pacojet's express written consent.
Ordered goods shall remain Pacojet's property until payment has been made in full. Pacojet may make a corresponding entry in the title retention register. The goods may not be pledged, assigned as collateral, processed or altered before title is transferred without Pacojet's express written consent.
11. Data protection
Pacojet undertakes to protect its distributors' personal data. Pacojet draws the distributor's attention to the fact that the data recorded in connection with the formation of the contract will be collected, processed and used to fulfill the obligations arising from the purchase agreement. The data required for the provision of services may also only be passed on to service providers (logistics partners) or other third parties in connection with the execution of the contract. The most recent version of Pacojet International AG's data privacy policy, which can be viewed on the company's website, applies to the storage and processing of customer data.
Pacojet undertakes to protect its distributors' personal data. Pacojet draws the distributor's attention to the fact that the data recorded in connection with the formation of the contract will be collected, processed and used to fulfill the obligations arising from the purchase agreement. The data required for the provision of services may also only be passed on to service providers (logistics partners) or other third parties in connection with the execution of the contract. The most recent version of Pacojet International AG's data privacy policy, which can be viewed on the company's website, applies to the storage and processing of customer data.
12. Legal venue and applicable law
Swiss law shall apply exclusively to any disputes that arise. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. The courts of Zug, Switzerland, shall have exclusive jurisdiction over all disputes.
Swiss law shall apply exclusively to any disputes that arise. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. The courts of Zug, Switzerland, shall have exclusive jurisdiction over all disputes.
Effective: 1. April 2023
Subject to change without notice.
Subject to change without notice.