Terms and Conditions
1. Scope
These General Terms and Conditions automatically apply to every sale of products and services made directly by Importexa SA, CH-1095 Lutry, or through its representatives, agents, or other authorized personnel.
2. Order
Transactions negotiated by our representatives, agents, or other authorized representatives become final and binding on us only upon our written confirmation.
3. Prices
Our prices are determined based on cost estimates for specific products and quantities and may be subject to change should any of their components change.
These prices are exclusive of VAT, ex-Lausanne, unless otherwise agreed.
4. Delivery Times
The delivery time is provided without obligation and is not guaranteed. Unless otherwise agreed in writing, exceeding this time limit does not entitle the customer to withhold payment, claim compensation, or cancel the order.
The specified time limit is automatically suspended by any event beyond the seller’s control that results in a delay in delivery.
5. Terms of Payment
An invoice is issued for each order. Unless otherwise agreed, this invoice is payable net within 30 days.
The customer agrees not to cite a complaint against our company as grounds for delaying payment of an invoice and waives the right to assert any set-off against our company without our written consent.
6. Entrusted Items
Entrusted items of any kind belonging to our customers, in particular manuscripts, copies, models, drawings, works of art or collectibles, compositions in any form, prints, celluloid films and others, photographs, films and plates of any kind and for all processes, engravings, die-cutting forms, embossing and gilding plates, printed or unprinted paper, as well as raw materials required for bookbinding that are handed over to us, are not insured against any risks.
Our liability for accidents, damage, loss, etc., is excluded, and our customers must insure the items themselves, as their value is known only to them.
7. Copyright
It is understood that our customers must hold the copyright for all orders entrusted to us, and we disclaim any liability for any claims that may be raised by owners, creators of the originals, photographers, or other rights holders.
By placing an order, it is assumed that the customer holds the reproduction rights.
If we manufacture an exclusive item designed by us on behalf of our customers, Importexa S.A. shall hold sole ownership of all intellectual property rights to this creation. In particular, our customers are not permitted to use the product in question in any other, broader, or different scope than that specified in the order for the designed item, unless we have expressly agreed to it.
8. Retention of Title
All documents, designs, or samples provided to the customer for review must be returned, and any use or reproduction for purposes other than execution by us is expressly prohibited.
All elements and documents created by us for execution are our exclusive property and may not be reproduced.
Our customers may under no circumstances assert any ownership rights thereto, unless this was expressly accepted by us at the time the order was placed.
9. Print Approval
The finished products may differ from the submitted samples. These changes are primarily due to factors related to our raw material suppliers and shall not give rise to a complaint by the buyer or to a price reduction.
Any changes to the scheduled timeline, particularly those resulting from delays in the submission of working documents or in the return of “print approvals”, call into question the originally scheduled delivery date (see Section 4).
By signing the “Good to Print” approval, the customer assumes responsibility, and we cannot under any circumstances be held liable for any errors or omissions regarding which the customer has not raised any objections.
10. Color Variations
We assume no liability for any minor color variations in the ordered products that are attributable to the dyeing process and the substrate materials.
For the reasons stated above, our customers must therefore accept a certain degree of tolerance regarding these colors.
11. Quantity
Due to the nature of our business, quantities may vary.
The customer must therefore accept that the quantities delivered may deviate by up to 5% from the ordered quantities.
12. Complaints, Warranty
Any complaints regarding a delivery must be submitted in writing within five days. Otherwise, the goods shall be deemed accepted.
The statutory warranty for latent defects under the Swiss Code of Obligations applies to the products sold.
13. Jurisdiction
The courts of Lutry shall have exclusive jurisdiction over all disputes arising from the interpretation or performance of this contract.
14. Governing Law
Swiss law applies to all relationships we maintain with our customers.
Last updated: October 2019