General Terms and Conditions of Purchase and Delivery (AELB)

1. Scope

These General Terms and Conditions of Purchase and Delivery (AELB) apply to all contracts, deliveries, and other services between MUNGO Befestigungstechnik AG (hereinafter referred to as “MUNGO”) and its business partners, unless otherwise expressly agreed in writing. Conflicting or deviating terms and conditions of the business partner shall only apply if MUNGO expressly agrees to them in writing.

2. Offer and conclusion of contract

All offers made by MUNGO are subject to change and non-binding, unless they are expressly designated as binding. A contract is only concluded upon written order confirmation or delivery by MUNGO.

3. Prices and terms of payment

All prices are net in Swiss francs (CHF), ex works, plus statutory value added tax and packaging, freight, and insurance costs. Payments must be made within 30 days of the invoice date without deduction. After the payment deadline has expired, the customer is in default without a reminder. A default interest rate of 5% p.a. will be charged. Offsetting against unrecognized or non-legally established counterclaims is excluded.

4. Delivery, delivery period, and force majeure

Delivery periods are only binding if they have been expressly agreed as such in writing. Events of force majeure or other unforeseeable circumstances beyond MUNGO's control (e.g. material shortages, strikes, official orders, pandemics) release MUNGO from its delivery obligation for the duration of the disruption. In such cases, the delivery period shall be extended accordingly. MUNGO is entitled to withdraw from the contract if the delivery disruption lasts longer than 60 days.

5. Shipping, transfer of risk, and acceptance

Shipping is at the risk and expense of the customer. The risk is transferred when the goods are handed over to the carrier or when the customer picks them up. The customer is required to check the delivery right away and report any defects in writing within 7 calendar days. If no complaint is made, the delivery is considered approved.

6. Retention of title

The delivered goods remain the property of MUNGO until all claims have been paid in full. The customer is obliged to inform MUNGO immediately in writing if third parties access the goods subject to retention of title.

7. Warranty and liability

Claims for defects shall become time-barred one year after delivery. In the event of justified defects, MUNGO shall, at its discretion, either repair or replace the goods. Further claims by the customer, in particular claims for damages resulting from direct or indirect damage, loss of profit or loss of production, are excluded, except in cases of intentional or grossly negligent breach of duty. Liability for auxiliary persons is excluded.

8. Data protection and electronic communication

MUNGO treats all personal data in accordance with the Swiss Data Protection Act (DSG) in the 2023 version. The customer agrees that communication, order processing, invoicing, and other correspondence may be carried out electronically. MUNGO accepts no liability for unauthorized access by third parties during electronic communication.

9. Returns

Returns require the prior written consent of MUNGO. As a rule, a return fee of 30% of the value of the goods and the return shipping costs will be charged. The goods must be in their original packaging and unused.

10. Place of performance, place of jurisdiction, and applicable law

The place of performance is MUNGO's registered office in Strengelbach. The exclusive place of jurisdiction is Zofingen (AG). Swiss substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Severability clause

Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.