General Terms and Conditions

1 Scope of the General Terms and Conditions

Deliveries, services and quotations from FRXSH AG are made exclusively on the basis of these General Terms and Conditions. When goods or services are ordered, these General Terms and Conditions are deemed to have been accepted. The version in force at the time the order is placed shall apply.

Deviations from these General Terms and Conditions shall only be effective if they have been agreed on in writing and have been confirmed in writing by FRXSH AG.

2 Quotation and conclusion of contract

FRXSH AG reserves the right to make changes to its product descriptions (drawings, pictures, dimensions, weights) and services.

3 Prices

Prices may differ from those advertised or in price lists. FRXSH AG reserves the right to make price adjustments. The prices communicated on www.frxsh.com and in the order confirmation are always valid.
Statutory value added tax is included in the prices. Postage costs are charged in addition.

4 Delivery deadlines and time of performance

Dates and delivery deadlines are non-binding and are subject to correct and punctual deliveries by those supplying FRXSH AG.

5 Delivery

Complaints regarding damage, late delivery, loss, bad packing or visible quantity discrepancies should be notified to FRXSH AG in writing immediately on receipt. Quantity discrepancies that are not immediately evident must be notified to FRXSH in writing within six days of receipt.

6 Guarantee

The guarantee, as indicated on the guarantee certificate, runs for a period of five years from the date of delivery.
The guarantee shall be rendered invalid if our operating or maintenance instructions are not followed, if parts are replaced by the user or a third party, or if use is made of consumables that do not comply with the original specifications. The only non-FRXSH accessories that may be used are beverage bottles and babies’ bottles with a standard 63 mm diameter thread. The guarantee is likewise rendered invalid if a defect is caused due to incorrect use, storage or handling of the appliance. It is not permitted to open the Base motor unit. If warranted properties only differ marginally, this shall not entitle the purchaser to make a claim on the guarantee. Liability for normal wear and tear and for consumables/accessories is excluded.
Only the direct owner shall be entitled to make guarantee claims vis-à-vis FRXSH AG; guarantee claims may not be assigned.

7 Returned items

Defective parts or appliances should be sent back to FRXSH AG to be repaired. The purchaser shall bear the costs of postage for returning the goods.

8 Retention of ownership

The delivered goods remain the property of FRXSH AG until they have been fully paid for.

9 Payment

Invoices are to be paid net, either in advance, by credit card or within a period of ten days, as agreed. The purchaser shall bear the costs of delivery by parcel post, forwarding agent or own vehicle.

A payment shall only be deemed to have been made when we have the sum at our disposal.
If the purchaser is in arrears, we shall be entitled to charge interest at a rate of 3% as of the date upon which payment was due.

10 Limitation of liability

Claims for damages due to the impossibility of performance, the violation of contract, fault upon conclusion of the contract and unlawful acts are excluded both against FRXSH AG and against its performing agents and vicarious agents, unless intent or gross negligence is involved. No liability shall be accepted for consequential damage following the use of the products.

11 Data protection

FRXSH AG is entitled to process the data acquired on the purchaser regarding their business relationship or in conjunction with it, regardless of whether the data comes from the purchaser or from third parties, as specified in the Swiss Federal Act on Data Protection of 19 June 1992 (DPA).
Personal customer data is treated confidentially and is not made available to third parties.

12 Venue

Any disputes arising directly or indirectly from the contractual relationship shall be settled solely before a competent court of law in Küssnacht am Rigi. The legal relationship is subject to Swiss law.

FRXSH AG,
Küssnacht am Rigi, 12 December 2012