{"id":3581,"date":"2025-10-14T00:51:50","date_gmt":"2025-10-13T22:51:50","guid":{"rendered":"https:\/\/www.moeschag.ch\/legal-noticeagb\/"},"modified":"2026-03-06T11:16:22","modified_gmt":"2026-03-06T10:16:22","slug":"legal-noticeagb","status":"publish","type":"page","link":"https:\/\/www.moeschag.ch\/en\/legal-noticeagb\/","title":{"rendered":"Legal noticeAGB"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">General Terms and Conditions<\/h2>\n\n<h3 class=\"wp-block-heading\">1. Validity of the Terms and Conditions<\/h3>\n\n<p>The deliveries, services, and offers of K. M\u00d6SCH AG are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to be accepted when the goods or services are ordered. The buyer&#8217;s general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.   <\/p>\n\n<h3 class=\"wp-block-heading\">2. Offer and conclusion of contract<\/h3>\n\n<p>The offers made by K. M\u00d6SCH AG in price lists and advertisements are subject to change and non-binding. Orders are only binding for K. M\u00d6SCH AG after written confirmation. The information in our sales documents (drawings, illustrations, dimensions, weights, and other specifications) is to be understood as a guideline only and does not constitute a guarantee of characteristics unless expressly designated as binding in writing. If a buyer exceeds their credit limit with an order, we are released from our delivery obligation.   <\/p>\n\n<h3 class=\"wp-block-heading\">3. Prices<\/h3>\n\n<p>The prices stated in our order confirmation are decisive. Unless otherwise agreed, prices are EXW (Incoterms 2010) unpacked from CH-M\u00e4genwil, excluding statutory value added tax. We charge surcharges for express processing according to the rates of the forwarding agent.  <\/p>\n\n<h3 class=\"wp-block-heading\">4. Delivery and performance time<\/h3>\n\n<p>Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of certain delivery periods and delivery dates by K. M\u00d6SCH AG is subject to the correct and timely delivery to K. M\u00d6SCH AG by suppliers and manufacturers. <\/p>\n\n<h3 class=\"wp-block-heading\">5. Default of acceptance<\/h3>\n\n<p>If, after expiry of a grace period set for the buyer, the buyer refuses to accept the delivery items or declares that it does not wish to accept the goods, K. M\u00d6SCH AG may demand fulfillment of the contract and compensation for non-performance. K. M\u00d6SCH AG is entitled to claim the agreed purchase price or compensation for the actual damage incurred from the buyer as compensation. <\/p>\n\n<h3 class=\"wp-block-heading\">6. Delivery<\/h3>\n\n<p>Complaints must be reported in writing to K. M\u00d6SCH AG and the carrier within 7 days of receipt of the goods.<br\/>Paragraph<\/p>\n\n<h3 class=\"wp-block-heading\">7. Transfer of benefit and risk<\/h3>\n\n<p>Benefit and risk shall pass to the purchaser at the latest upon dispatch of the deliveries from CH-M\u00e4genwil. If dispatch is delayed at the request of the purchaser or for other reasons for which the supplier is not responsible, the risk shall pass to the purchaser at the time originally scheduled for delivery ex works. From this point on, the deliveries shall be stored and insured at the expense and risk of the purchaser.  <\/p>\n\n<h3 class=\"wp-block-heading\">8. Warranty<\/h3>\n\n<p>The warranty in accordance with the following provisions is valid for 12 months, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced, or consumables are used that do not meet the original specifications, any warranty shall be void insofar as the defect is attributable to this. This also applies if the defect is due to improper use, storage, or handling of the items, or external interference, as well as the opening of items. Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty rights. Warranty claims against K. M\u00d6SCH AG are only available to the direct purchaser and are not transferable.<br\/>Paragraph     <\/p>\n\n<h3 class=\"wp-block-heading\">9. Returns<\/h3>\n\n<p>For returns, we require that the defective part or device be sent or delivered to K. M\u00d6SCH AG for repair, together with a copy of the invoice with which the item was delivered. The return of products by the customer requires the prior consent of K. M\u00d6SCH AG and is at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the fault\/defect. Customized items are excluded from return for credit. The replacement of parts, assemblies, or entire devices does not result in new warranty periods coming into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.     <\/p>\n\n<h3 class=\"wp-block-heading\">10. Retention of title<\/h3>\n\n<p>The delivered goods remain the property of K. M\u00d6SCH AG until full payment has been received.<\/p>\n\n<h3 class=\"wp-block-heading\">11. Payment<\/h3>\n\n<p><br\/>Invoices are due net 30 days from the date of invoice, unless otherwise agreed. A payment shall only be deemed to have been made when we have access to the amount. If the buyer defaults on payment, K. M\u00d6SCH AG shall be entitled at any time to withdraw from the contract, demand the return of the delivered goods and claim damages for the termination of the contract. All claims shall become due immediately if the customer defaults on payment or other essential obligations under the contract.     <\/p>\n\n<h3 class=\"wp-block-heading\">12. Limitation of liability<\/h3>\n\n<p>Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo, and tort are excluded both against us and against our vicarious agents, unless there is evidence of intent or gross negligence. Any liability for consequential damages arising from the use of the products is rejected. <\/p>\n\n<h3 class=\"wp-block-heading\">14. Severability clause<\/h3>\n\n<p>Should any provision of these General Terms and Conditions be invalid or unenforceable, the remaining provisions of this contract and these General Terms and Conditions shall remain unaffected.<\/p>\n\n<h3 class=\"wp-block-heading\">15. Data protection<\/h3>\n\n<p>K. M\u00d6SCH AG is entitled to process data relating to the buyer obtained in connection with the business relationship, regardless of whether this data originates from the buyer itself or from third parties, in accordance with the Federal Act on Data Protection (FADP). Personal customer data will be treated confidentially and will only be passed on to third parties for the purpose of credit checks. <\/p>\n\n<h3 class=\"wp-block-heading\">16. Place of jurisdiction<\/h3>\n\n<p>M\u00e4genwil is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law. <\/p>\n\n<p>K. M\u00d6SCH AG,<br\/>M\u00e4genwil, 11.02.2021<\/p>\n","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions 1. Validity of the Terms and Conditions The deliveries, services, and offers of K. M\u00d6SCH AG are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to be accepted when the goods or services are ordered. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":7,"comment_status":"closed","ping_status":"closed","template":"page-single.php","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-3581","page","type-page","status-publish",""],"acf":[],"_links":{"self":[{"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/pages\/3581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/comments?post=3581"}],"version-history":[{"count":1,"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/pages\/3581\/revisions"}],"predecessor-version":[{"id":3582,"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/pages\/3581\/revisions\/3582"}],"wp:attachment":[{"href":"https:\/\/www.moeschag.ch\/en\/wp-json\/wp\/v2\/media?parent=3581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}