GTC international

General Sale and Delivery Conditions of




  1. General Scope
    1. The following General Sale and Delivery Conditions apply to all offers, orders, contract closings and deliveries of Schwank Technik GmbH („Schwank Technik“) for printing machines, service parts and consumables outside of Switzerland and Liechtenstein. Deviating general terms and conditions of purchase by the customer are explicitly excluded. Deviating agreements require a written confirmation.
  2. Offers
    1. Offers of Schwank Technik are nonobligatory and non-binding, inasmuch as the obligation in individual cases has not explicitly been confirmed. Prior sale remains reserved.
  3. Orders
    1. A purchase order is valid only in the form it has been confirmed by Schwank Technik. Orders are conducted solely in Swiss Francs (CHF) or EURO (EUR). If there exist no essential deviations from the order of the buyer, the order confirmation is a valid and binding conclusion of contract, inasmuch as the buyer does not object the order confirmation in written form within three working days after receiving the order confirmation. The valid date of the conclusion of contract is the date of the order confirmation, or, in case of objection of the order confirmation, the date of mutual agreement concerning the order.
  4. Prices
    1. All prices are given net ex factory or location, plus the official and respective VAT.
    2. Additional costs for transport, insurance, export, taxes, tolls, fees and the like, in relation to the order, go on account of the buyer.
  5. Payment
    1. If not otherwise mentioned in an order confirmation by Schwank Technik or agreed upon in a contract between Schwank Technik and the buyer, the following terms of payment are valid:
  • Twenty percent (20%) of the purchase price are due and payable within 3 working days from the conclusion of contract (hereinafter referred to as „deposit“);
  • Eighty percent (80%) of the purchase price are due and payable not later than 3 working days prior to delivery ex factory or location (hereinafter referred to as „outstanding payment“).
    1. Payment is validly effected only after it is definitely available on one of the accounts of Schwank Technik.
    2. If after the deposit has been made, the outstanding payment does not ensue in the time as agreed upon, the order is considered cancelled by the customer. In this case, the customer is liable for possible damages, according to Art 106 Abs.1 Obligationenrecht (OR). The resulting expenditures, warehouse charges, and costs that came with the order, as well as an eventually realized reduction of price of the ordered goods are to be charged to the debit of the customer. The repayment of the deposit takes place, after deducting the expenses of the resulting expenditures, warehouse charges, and costs, as well as the price difference of an eventual value reduction of the ordered goods, when the goods have been sold and delivered to a third party.
    3. The charging with other than undisputed or legally valid counterclaims by the customer is excluded.
  1. Delivery
    1. If not otherwise mentioned in an order confirmation by Schwank Technik or agreed upon in a contract between Schwank Technik and the buyer, the delivery takes place ex factory or location free carrier (FCA-Incoterm). Schwank Technik will be responsible for the issuance of the required export documents. Delivery and import of the object/s of purchase is, in his own name,  up to the customer.
    2. If not otherwise mentioned in an order confirmation by Schwank Technik or agreed upon in a contract between Schwank Technik and the buyer, the customer will be responsible for the issuance of the required transit document, Transit T1. Schwank Technik is not liable for an eventually missing T1 document.
  2. Term of Delivery
    1. Delivery time runs ex factory or location of the ordered goods starting from the moment of the binding conclusion of contract, at the earliest from the moment of the order confirmation by Schwank Technik.
    2. Schwank Technik is eligible to part delivery. Under- or oversupplying up to 10% (ten percent) of the contractual or agreed quantity according to the order are legitimate.
    3. If “immediately“ is the agreed date of delivery, delivery term amounts to a maximum of 14 calendar days.
    4. In the case of delayed delivery the customer has to grant Schwank Technik an extra time of at least three weeks. A delayed delivery does not empower the customer to demand compensation, independent of justification.
  3. Impediments of Delivery
    1. Wars, strike, lockout, shortage of raw materials or energy, business or traffic disruption, as well as all the acts of nature, which impede, delay or make the production or delivery of the goods uneconomic, release Schwank Technik for the duration and within the scope of the disruption from the liability of delivery, and eventually agreed delivery dates will be postponed according to the duration of the disruption.
    2. If the duration of the disruption exceeds two months, both, Schwank Technik and the buyer are authorized to resign.
  4. Documents, Data and Technical Advice
    1. The plans, images, as well as technical and other data provided by Schwank Technik only serve as general descriptions of the goods, if those are not explicitly designated as binding.
    2. Property and intellectual property rights as well as copyrights of Schwank Technik are reserved. Without the consent of Schwank Technik, documents under ownership, intellectual property rights and copyrights must not be duplicated or processed electronically.
    3. The technical advice given by Schwank Technik to the best of its knowledge is non-binding and does not exempt the buyer from checking each individual delivery prior to processing for its suitability for the intended use.
  5. Transition of Benefit and Risk
    1. Benefit and risk are transferred to the buyer upon departure from the factory or location and handover to the customer (in the case of collection by the customer) or handover to a transport company.
  6. Packaging and Shipping
    1. Packaging and shipping are at the expense of the buyer.
    2. Packaging is at the discretion of Schwank Technik.
  7. Initial Operation
    1. If the inital operation of the order is agreed upon, the cost rates for the services of Schwank Technik apply.
    2. The working hours and job performance have to be signed by the customer on a work report.
    3. Liability for initial operation work by the customer is excluded.
  8. Notice of Defects / Warranty
    1. The Buyer shall inspect the goods immediately upon receipt of the delivery and must report in writing any defects, wrong deliveries or quantity deviations without delay, but no later than one week after receipt of the delivery. Hidden defects must be notified by the buyer immediately after discovery of the defect. This obligation of the buyer refers to every single subset of partial deliveries.
    2. A complaint does not entitle the buyer to withhold due payments or to refuse to accept further deliveries.
    3. In the case of timely and justified complaints, the buyer's claims for defects are limited to the right for a supplementary performance. If the supplementary performance by Schwank Technik fails, the buyer can reduce the purchase price to the extent of the unsuccessful supplementary delivery or withdraw from the contract at his discretion.
    4. The warranty period is one year from the date of delivery of the goods.
    5. Schwank Technik assumes no warrant that the goods are free from patents or other proprietary rights of third parties.
  9. Liability
    1. For shippments to the place of delivery, Schwank Technik is not liable for damages which occur during unloading of the goods at the agreed place of delivery. In the case of delivery ex factory or location, the liability of Schwank Technik for damages during loading of the goods is excluded.
    2. To the extent permitted by law, the liability of Schwank Technik towards the buyer and its customers for direct, indirect, mediate and consequential damages is excluded, regardless of whether this liability is ascribed to contract, fault (including negligence by Schwank Technik and its assistants) or to legal regulations. In any case, the liability is limited to twice the invoice value of the product concerned. Excluded from this are direct liability claims due to gross negligence or intent on the part of Schwank Technik or its assistants.
  10. Reservation of Ownership
    1. The delivery of the goods takes place under the explicit reservation of ownership of Schwank Technik ("Reserved Goods"). The reservation of ownership is valid until full payment of the goods.
    2. Schwank Technik is considered as manufacturer when processing the reserved goods and thus acquires ownership of the newly created products. If the reserved goods are processed, joined or mixed with goods that are the property of third parties, Schwank Technik acquires co-ownership of the resulting products in proportion of the invoice value of the reserved goods to the invoice value of the other materials. If the processing, joining or mixing of the reserved goods takes place with a main item owned by the buyer, the buyer assigns his ownership of the new thing to Schwank Technik.
    3. The buyer assigns all claims arising from the sale of reserved goods to Schwank Technik upon delivery of the goods to the extent of securing the amount of ownership to Schwank Technik. Any other assignment, also in the context of a factoring transaction, is inadmissible.
    4. The buyer is obliged to store the reserved goods with care at his expense and insure them against the usual storage risks. With the delivery of the goods the buyer assigns his claims of the insurance contracts to Schwank Technik.
    5.  As long as the buyer duly fulfills the existing obligations towards Schwank Technik, he is entitled to dispose of the reserved goods in the ordinary course of business and to collect claims from the resale of the reserved goods. However, the buyer is not entitled to pawn or transfer for security the reserved goods or the assigned claim to third parties. The authorization to resell does not apply if the buyer with his customer excludes the transferability of the claim from the resale. The buyer must notify Schwank Technik of any access by third parties to the reserved goods or the assigned claims immediately after they have become known.
    6. If the buyer is in delay of payment, Schwank Technik is entitled to demand the surrender of the reserved goods without granting a grace period and without withdrawing from the contract. In addition, the buyer must immediately provide Schwank Technik with all necessary information and documents at the first request about the stock of the reserved goods and the assigned claims as well as the assignment of claims to its customers.
    7. If the value of the securities exceeds the sum of the claims of Schwank Technik by more than 20%, Schwank Technik will, on demand of the buyer, release the surplus securities at its own discretion.
  11. Closing Provisions
    1. Subject to a different order confirmation or contractual agreement, the registered office of Schwank Technik is the place of fulfillment.
    2. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
    3. If one of the above conditions proves to be invalid in whole or in part, this does not affect the validity of the remaining conditions.
    4. For all disputes arising from the business relationship between Schwank Technik and the buyer the courts at the place of business of Schwank Technik are responsible. Schwank Technik reserves the right to sue at the place of business of the buyer.
    5. All contracts between Schwank Technik and the buyer and the present General Sale and Delivery Conditions, are subject to Swiss law.



September 2017

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