Application

These General Terms and Conditions (GTC) are binding and incorporated into any quotation, invoice, or other document referencing or attached to them. By placing a binding order (an “Order”), the customer (the “Buyer” or “Customer”) agrees to these GTC. An order becomes binding upon the Seller’s written acknowledgment of receipt, typically through an Order confirmation. For these GTC, “Seller” refers to Inalp Distribution AG. Inalp Distribution AG is part of the Inalp Group AG, acting as distributor channel of the Inalp Group AG. “Goods” refers to the goods, materials, and equipment listed on the Order, including any equipment or materials provided in connection with any services.

Terms not defined herein have the meanings provided in the Order.

 

Quotations and Orders

Unless stated otherwise by the Seller, quotations are valid for 7 days. Unless otherwise agreed in writing, all prices in the quotes are exclusive of transport and insurance costs, duties, and taxes, including Value Added Tax (VAT). After this period, the Seller may change the quotes without prior notice.

All Customer orders require written confirmation from the Seller. The sales contract becomes definitive upon the Seller’s confirmation of the Customer’s Order.

Please note that quotes are subject to the availability of the offered Goods. The availability of Goods is subject to stock levels and supply chain conditions. While we strive to ensure the availability of all products, there may be instances where certain items are out of stock. In such cases, the Seller will inform the Buyer as soon as possible and provide alternatives or the option to cancel the Order.

The Seller is not liable for any unavailability of Goods, including but not limited to any direct, indirect, incidental, or consequential damages arising from such unavailability.

 

Prices and Terms of Payment

The binding Prices for Goods are those outlined in the quote and confirmed in our order confirmation.

Unless agreed otherwise in writing, payment for goods is due 30 days from the invoice date without offset or deduction. If the Buyer fails to pay any invoice within seven days of the due date, the Seller may suspend or terminate delivery of any purchase order or remaining balance by providing written notice. Interest may be charged from the due date to the payment date at a standard rate of 6.5% per month.

This interest charge is not the Seller’s sole remedy for late payment; the Seller may also seek any other legal or equitable remedies available.

 

Terms of Delivery

Unless expressly stated otherwise in our order confirmation, all deliveries of Goods are Delivered at Place (DAP) under Incoterms 2020. The delivery covers only the Goods on the Order for which a binding confirmation has been issued.

Expected delivery dates are outlined in our Order confirmation. The Seller reserves the right to make deliveries in installments, with each installment separately invoiced and paid for when due, regardless of subsequent deliveries. Delay in delivery of any installment will not relieve the Buyer of the obligation to accept remaining deliveries.

 

Warranty

Products are covered by the Goods’ manufacturer’s standard warranty. The Seller is not responsible for defects resulting from misuse, negligent handling, lack of reasonable maintenance and care, accidents, or force majeure circumstances. The Customer’s sole remedy under these warranties, at the Seller’s discretion, will be:

(a) a refund of the purchase price,

(b) repair of the defective product, or

(c) replacement of the defective product.

All claims for non-conforming or defective products must be made in writing within the inspection period specified below. If the parties cannot agree on the remedy within 10 days of delivery, the Seller will choose the remedy.

 

Inspection of Goods

The Customer must inspect the goods immediately upon receipt and report any recognizable deviations and defects in writing within 5 working days. The report must include a reasonably detailed description of the defects, along with supporting evidence such as photographs, to support any warranty claim. Failure to report within this period constitutes acceptance of the Goods.

 

Return of Goods

Return of goods requires the Seller’s express approval and must be made at the Buyer’s risk and expense. Special products, products with expiry dates, and software products cannot be returned for credit, unless due to recognized defects. As Switzerland does not impose a return of goods for online sales, this policy is discretionary and subject to the Seller’s terms.

 

Liability

The Seller’s liability is excluded to the fullest extent permitted by law. The Seller is not liable for any failure or delay in performance or delivery due to causes beyond its reasonable control, including but not limited to fire, flood, accident, riot, earthquake, severe weather, war, governmental interference, embargo, strike, labor, fuel, power, materials shortages, or delays by suppliers. If such a delay exceeds 30 days, the Buyer may cancel the order without liability. The Seller may allocate or defer shipment of products in short supply at its sole discretion.

The Seller is further not liable for any direct, indirect, incidental, special, or consequential damages, loss of profits, or loss of business.

 

Confidentiality

Both parties must treat all documents, data, materials, and information provided by one to the other as confidential and not disclose them to any third party or use them for any purpose other than fulfilling and performing the sales contract unless written consent is given by the other party. By agreeing to these GTCs, the Buyer consents to the Seller using the Buyer’s name, address, and other details necessary to perform the orders.

 

GDPR Compliance

Under the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP), we are committed to protecting the privacy and security of our customers’ data. Personal data will be handled in a lawful, fair, and transparent manner, ensuring it is accurate, up-to-date, and kept for no longer than necessary. Customers have the right to access, correct, or request the deletion of their data at any time. For more details on how we handle personal data, please refer to our separate Privacy Policy. If you have any questions or concerns regarding your data, please contact us at info@inalp.com.

 

Amendments

The Seller reserves the right to amend these GTCs at any time. Any amendments will be effective immediately upon posting the revised terms on the Seller’s website or notifying the Buyer in writing. The Buyer is responsible for reviewing any such amendments. Continued acceptance of goods and services from the Seller constitutes acceptance of the revised terms.

 

Applicable Law

These Terms and Conditions are governed by and interpreted in accordance with substantive Swiss law. The parties waive any other jurisdiction that may apply and submit to the jurisdiction and competence of the Courts of Bern, Switzerland.