Terms and Conditions
1. General
These general terms and conditions apply to all our deliveries and services, unless and to the extent that something else has been mutually and written agreed upon between us as seller or service provider and the customer. Insofar as the general and special terms and conditions do not contain regulations, Swiss Code of Obligations applies. Acceptance of the ordered goods or acceptance of the delivered service means in any case recognition of these “General Terms and Conditions” by the customer. All terms and conditions of the customer are non-binding for our deliveries and services, even if they are not expressly objected to by us. The term “services” includes both services from Bathan AG under contract law as well as under work contract law.
2. Order, Prices and Payment
The subject and scope of the owed service are defined exclusively by the written offer from Bathan AG, which has been accepted by the customer, or the order from the customer that has been confirmed in writing by Bathan AG. Changes or additions to the delivery or service scope always require written form. Unless otherwise noted, value-added tax is not included in the prices. Invoices are due for payment within 30 days after delivery. If noted in writing on the invoice, a discount of 2% is granted for invoice settlement within 14 days.
3. Packaging
Packaging is charged at cost price and does not have to be taken back by Bathan AG. Crates, pallets, etc. are charged separately.
4. Shipping/Tariffs
All increases in tariffs and fees that occur after contract conclusion, such as transport costs, insurance premiums, customs duties, etc., are at the customer’s expense, even if we have taken over transport, insurance, customs clearance, etc.; reductions are credited to the customer. An order is considered delivered when the transport company has unloaded the goods at the announced location. A service is considered accepted at the latest upon invoice settlement.
5. Delivery Conditions
We make every effort to process and deliver your order as quickly as possible. The delivery time within Switzerland and the EU is usually 3 to 10 working days after receipt of the order, unless otherwise agreed.
Please note that for deliveries abroad (Overseas Shipment), the delivery time can be up to three weeks due to transport routes, customs clearance and local conditions.
We accept no liability for delays beyond our control, such as delays caused by the shipping service provider or customs clearance. We therefore recommend ordering early for urgent deliveries. It is also advisable to keep a stock of at least three weeks or more to avoid any delivery bottlenecks.
If you have any questions about your shipping status, our customer service team will be happy to assist you at any time.
6. Quantity Tolerances
For custom-made products, we reserve the right to deliver 10% more or less than ordered.
7. Force Majeure
Force Majeure events release us from compliance with agreed performance deadlines. Force Majeure events include, among others, mobilization, war, sabotage acts, strikes, lockouts, riots, demonstrations, revolution, official orders, raw material shortages, floods, storms, fire and other natural disasters as well as all other unforeseen interruptions in the operation of Bathan AG’s plant or its suppliers. This also includes events that make our performance temporarily or permanently impossible or economically unreasonable.
8. Control of Delivery and Service
The delivered goods must be inspected upon receipt by the customer, and in any case before any processing. Services must be inspected after their provision, at the latest before using the order result. Complaints regarding weight or quantity as well as defect complaints regarding the quality of goods or services are only valid if they are communicated to us in writing within 8 days after receipt of the goods or acceptance of the service and we can inspect them on site. If the customer fails to carry out this inspection, Bathan AG is released from any liability (to the extent legally permissible). zulässig) befreit.
9. Late Payment
If the customer does not comply with the established payment conditions or becomes insolvent, all our claims against him become due for payment regardless of the agreed payment dates and can be demanded by us immediately. If the customer defaults on a payment, we also have the right, without specifically reminding the customer, to discontinue our services and/or withdraw from the contract. The customer must provide us with full compensation for the damage incurred. We are furthermore entitled to cancel without notice all orders already confirmed to the customer but not yet executed or in the process of execution.
10. Liability of Bathan AG
In case of justified complaints or defect claims, our liability is limited to the free replacement of the complained or defective goods or improvement of the owed service. Beyond this, the customer has no further claims against Bathan AG. Thus, the customer has no right to rescission, reduction or any damage compensation, such as for lost profits. Excluded in particular are also customer claims for compensation of indirect, direct or indirect damage or consequential damage as well as all other costs incurred by the customer in connection with the complained goods or service. The mandatory provisions of the Federal Act on Product Liability remain reserved. The customer cannot derive any assurance for material properties or for application in individual cases and thus no liability on our part from oral statements by our personnel. In case of non-compliance with regulations regarding handling of products or application of results of services provided by Bathan AG, we decline any liability.
11. Place of Performance, Place of Jurisdiction and Applicable Law
The place of performance is Lucerne. The place of jurisdiction for all disputes arising in connection with our deliveries and services is Lucerne, Lucerne. Swiss substantive law (excluding the CISG) shall apply.
12. Miscellaneous
Changes or additions to these Terms and Conditions require explicit written agreement by the parties.
Bathan AG
Lucerne, 2025
