Terms and Conditions

General – Scope

1. We sell exclusively in accordance with our General Terms and Conditions. These form the entire basis and content of every sales transaction. Any other terms and conditions of purchase and/or delivery of the purchaser shall apply only to the extent that they have been agreed in writing with Pfister Werkzeugbau AG.

2. The order confirmation issued by Pfister Werkzeugbau AG is the sole determining factor for the scope and execution of the order.

Tender – Tender documents

1. If the order is to be regarded as an offer within the meaning of OR 3, we may accept it within 4 weeks.

2. We accept no liability for the accuracy of the order documents provided by the customer – in particular their drawings and material specifications, etc. We do not provide a change management service in this regard.

3. We reserve the ownership rights and copyright to our drawings, sketches, data sheets, information sheets and other documents. They may not be copied or passed on to third parties without our written consent.

4. All dimensions, weights and technical specifications in the documents and records of Pfister Werkzeugbau AG are provided in accordance with our current state of knowledge. These do not relieve the user of the products from the obligation to carry out a suitability test of the products to be used with regard to their requirements.

Prices and packaging

  1. Unless otherwise agreed, all prices are quoted for deliveries in accordance with INCOTERMS 2000 EX WORKS 8617 Mönchaltorf, unpacked.
  2. Our prices are quoted in CHF (Swiss francs) and must be paid in this currency. VAT (Swiss value added tax) is not included in the prices and will be shown separately on the invoice at the statutory rate applicable on the date of invoicing. For orders under CHF 80.00, Pfister Werkzeugbau AG reserves the right to charge an order processing fee.
  3. Packaging materials will not be taken back. The buyer undertakes to dispose of them in an environmentally responsible manner in accordance with legal requirements.
  4. We reserve the right to make short-term price adjustments due to changes in market conditions or exchange rate fluctuations.

Delivery and insurance

1. Shipment is made exclusively at the recipient’s risk. Other delivery terms may be agreed upon in writing between the customer and Pfister Werkzeugbau AG.

2. Pfister Werkzeugbau AG is entitled to make partial deliveries, provided the customer has been informed.

Delivery times

1. The delivery periods and dates stated in our quotations and order confirmations are ex works Mönchaltorf. We shall endeavour to meet these deadlines. However, they are non-binding, and failure to meet them shall not give rise to claims for damages and/or the assumption of consequential costs, nor to the cancellation of the order in question.

2. If, after we have fallen into default, the customer sets a reasonable grace period commensurate with the scope of the order, accompanied by a warning of rejection, the customer shall not be entitled to withdraw from the contract following a further default and failure to meet the agreed grace period.

3. The delivery period shall be extended appropriately if the supplier is forced to suspend or reduce its production processes due to a lack of or reduced availability of energy sources (e.g. gas, electricity). The supplier shall inform the customer immediately and in writing of such a situation. Any claim by the customer against the supplier for compensation for delay or for compensation for direct and indirect damages resulting from such a delay is excluded.

Terms of payment

1. Unless otherwise confirmed in writing by Pfister Werkzeugbau AG, the purchase price is payable in full within 30 days of the invoice date.

2. Any other terms of payment require a written agreement.

3. Once the payment deadline has expired, the outstanding amounts shall be subject to statutory interest on arrears at a rate of 5% per annum.

4. Failure to comply with the agreed payment terms releases Pfister Werkzeugbau AG from its existing delivery obligations – but does not release the buyer from its obligation to accept delivery.

Retention of title

1. We retain title to the goods until all payments under the supply contract have been received. The customer authorises the supplier, at the customer’s expense, to register the retention of title in the official register and to complete all relevant formalities.

2. The customer undertakes to cooperate in any measures necessary to protect our property. In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing.

3. We retain the copyright and ownership of design drawings, 3D tool data, CAM data, electrodes, process data and all copyrightable services that we provide for the client. The client shall receive design drawings in paper or digital form. Licences and rights of use may be acquired by the client by means of a separate agreement.

Customer orders/Custom-made products

1. For custom-made items, we reserve the right to deliver up to 10% more or less than the agreed quantity.

2. The minimum order quantity for the custom part is produced following the customer’s approval and cannot be returned to the manufacturer.

Complaints

1. Claims relating to material defects, incorrect deliveries and/or discrepancies in quantity must be made in writing within 8 working days of receipt of the goods. The buyer is not permitted to return the goods without our consent. If we do not receive notification within this period, the delivery shall be deemed to have been accepted.

2. We reject any claims for damages and consequential costs on the part of the buyer. The buyer is therefore not exempt from carrying out an incoming goods inspection.

Warranty, liability for defects

1. The customer must inspect goods and services for defects immediately upon receipt and must notify the supplier in writing of any defects within 8 working days of receipt. If the customer fails to comply with this obligation, the goods delivered shall be deemed to have been accepted. Hidden defects must be reported in writing immediately upon discovery.

2. The warranty provided by Pfister Werkzeugbau AG shall expire – subject to mandatory statutory provisions – no later than 12 months after receipt of the delivery. For purchased parts, such as hot runner nozzles, the warranty provisions of the respective supplier/manufacturer shall apply.

3. In the event of a defect, Pfister Werkzeugbau AG shall have the option of either rectifying the defect by repair or supplying a defect-free item as a replacement. To this end, the customer must grant Pfister Werkzeugbau AG the necessary time and opportunity. If this subsequent performance is unsuccessful, the customer is entitled to demand rescission of the contract (redhibition) or a reduction in the purchase price commensurate with the defect (abatement).

4. Pfister Werkzeugbau AG shall not be liable for defects or damage if these are attributable to circumstances for which Pfister Werkzeugbau AG is not responsible. This applies in particular to: wear and tear, inadequate maintenance, failure to comply with operating instructions, modifications to the item made by the customer, and defective materials supplied or introduced by the customer or a third party designated by the customer. The customer shall also ensure and document that maintenance is carried out professionally (minor maintenance daily, major maintenance in accordance with the maintenance schedule and annual inspection by PFWAG).

5. Liability for consequential damage resulting from defects is excluded to the extent permitted by law.

Governing law and jurisdiction

1. The place of performance and exclusive place of jurisdiction is the registered office of Pfister Werkzeugbau AG, located at CH-8617 Mönchaltorf.

2. Any disputes shall be governed exclusively by Swiss law.

Privacy Policy

Pfister Werkzeugbau AG undertakes to comply with the applicable data protection regulations. It will treat any personal data received from the customer as strictly confidential and will not disclose it to third parties. Insofar as the customer uses the website, reference is made to the detailed privacy policy at https://pfwag.ch/en/privacy-policy.html, which the customer accepts by using the website.