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1 - General

These General Conditions of Sales and Delivery of Novasina AG, Lachen/ SZ (hereinafter called „Novasina“) shall apply to all sales agreements entered into with the Customer for all goods sold by Novasina. Any conditions stipulated by the Customer which are in contradiction to these General Conditions shall only be valid if expressly accepted by Novasina.

2 - Conclusion of the contract

The contract shall be deemed to have been entered into upon receipt of written confirmation stating that Novasina has accepted the order. Novasina reserves the right to reject purchase orders without indicating the reasons therefore.

3 - Scope of Supplies

3.1 The supplies are specified in the order confirmation. Any material and services, which are not included therein, shall be additionally charged.

3.2 Novasina shall be entitled to make any changes as compared to the order confirmation, as long as they lead to improvements in quality or performance.

4 - Prices

4.1 Goods sold by Novasina shall be priced according to the price lists valid at time of receipt of the order.

4.2 Unless otherwise agreed upon, all prices shall be deemed to be net ex works, in Swiss Francs, including standard packing.

4.3 All cost for freight, insurance, duties, export, transit and import duties permits and other certificates, as well as cost for installation, operation and maintenance shall be borne by Customer.

4.4 Novasina reserves the right to modify its prices at any time without notice. Price increases shall be valid for purchase orders on or after the date of the entry of the price increase.

5 - Terms of payment

5.1 Payments by Customer as far as no other terms have been agreed upon, shall be made within 30 days from date of invoice.

5.2 Exceptionally and with special terms and conditions applied, payments by Customer domiciled outside Europe shall be made by irrevocable letter of credit granted by a well-known reputable Swiss bank. Ordered goods shall only be delivered upon receipt of the written confirmation from the bank. All banker’s charges and expenses are on Customer’s account.

5.3 Payments shall be made by the Customer to the registered address of Novasina without any deduction for cash discount, expenses, taxes or duties of any kind.

5.4 In case of delay in payment, Novasina is entitled to charge a default interest of 6 % p.a Novasina shall have the right without prejudice to any other rights to withhold delivery of open purchase orders or to accept new orders against pre-payment or other securities.

5.5 Customer is neither entitled to partial payment nor to offset against counter-claims. Customer shall not have the right to withhold payment in case of complaints.

6 - Proprietary Right

Novasina shall retain ownership of the products supplied until full payment has been received. The Customer shall take all necessary measures for the protection of the property of Novasina, and to insure against theft, fire, water and other risks.

7 - Delivery Time

7.1 The delivery time shall start as soon as the order has been entered into or, if payment term is prepayment, after reception of payment in Novasina’s bank account.

7.2 Novasina shall, whenever possible, deliver to Customer the full purchase order in one shipment. Customer agrees to accept partial delivery.

7.3 The delivery time shall be reasonably extended:

  • If agreed terms of payment are not met, letters of credit are opened too late, or the necessary import licenses are not received by Novasina on time.
  • If hindrances occur which Novasina cannot prevent despite using the required care, such as force majeure. Such hindrances include, but shall not be limited to, epidemics, mobilization, war, revolutions, serious breakdown in the works, late or deficient delivery by subcontractors of raw material semi finished or finished products, natural catastrophes.

7.4 There shall be no return of goods but in exceptional cases and subject to a written agreement.

8 - Delivery, Transport and Insurance

8.1 The products will be carefully packed by Novasina. Special packing shall be available upon Customer’s request and at Customer’s expense.

8.2 Transport shall be at the Customer’s expense and risk. Complaints in respect of transport shall be submitted immediately by the Customer to the last carrier on receipt of the products or the shipping documents.

8.3 Insurance against transport risk of any kind is the responsibility of the Customer.

9 - Inspection and Taking-over of the Supplies

The Customer shall inspect the supplied products within 5 days after having received them and shall immediately notify Novasina in writing of any deficiencies. If the Customer fails in doing so, the products shall be deemed to have been approved.

10 - Warranty and Disclaimer

10.1 Novasina warrants that the product delivered will be free from defects in material and workmanship.

10.2 Unless agreed otherwise , the warranty shall be valid for 24 months after the date of delivery. For wear parts such as measurement cells, protection filters and humidity calibration standards the warranty is only valid for problems clearly classified as material defects or defects due to the workmanship during production. Defects resulting from inappropriate modification or use are not covered.

10.3 If goods or parts of goods are proven to be defective, theyshall be repaired, exchanged for other goods or taken back against credit of the invoice amount by Novasina’s or its designee. Customer has the right to chose whether goods shall be repaired, exchanged for other goods or taken back against credit., . Novasina reserves the right to reduce the invoice value by an amount of diminution. In case of replaced or repaired goods, this warranty shall be valid for 6 months after the day the repair of the goods is completed or the goods are replaced.

10.4 The warranty expires prematurely, if the Customer or a third party undertakes inappropriate modifications or repairs or if the Customer, in case of a defect, does not immediately take all appropriate steps to mitigate the damage and give to Novasina the possibility of remedying such defect.

10.5 In case of any defective material, design or workmanship, the Customer shall not be entitled to any rights and claims other than those expressly stipulated in article 10.2 and 10.3

10.6 Not mentioned claims for compensation, for reduction, for termination and for withdrawal of the contract are excluded. Novasina shall not be liable for any direct, indirect, consequential or incidental damages, including damages for loss of business, information, loss of profits, production interruption and the like, subject to the compelling liability law.

11 - Governing Law and Jurisdiction

Present contract shall be governed in all respects by the substantive law of Switzerland, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for any disputes shall be at the registered office of Novasina.

12 - Final Provisions

12.1 Novasina shall not acknowledge any General Terms of Business other than these provided herein. Customer hereby expressly waives the application of Customer’s own General Terms of Business.

12.2 Novasina’s acceptance of a purchase order shall not be deemed as an acceptance of Customer’s General Terms of Business even if such acceptance appears in the purchase order.

12.3 The invalidity of a specific provision of these General Terms of Business shall not affect the validity of the remaining provisions.

Who we are?

This website and its content is provided by a company with commercial interests.

The responsible body in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

Novasina AG
Neuheimstrasse 12
CH-8853 Lachen
Telefon +41 55 642 67 67
Telefax +41 55 642 67 70
E-Mail info@novasina.ch
Internet http://www.novasina.com

What personal data we collect and why we collect it

When you access this website, information of a general nature is automatically collected. This information is collected in the server log file and includes the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address and the like.

This is for the following reason:

  • Ensuring a problem-free connection setup of the website.
  • To ensure a smooth use of our website
  • To evaluate system security and stability, and
    for other administrative purposes

Your data will not be used to draw conclusions about your person. Information of this kind is only evaluated statistically in order to optimize our website and the technology behind it.

Storage duration

The data is deleted as soon as it is no longer required for the purpose for which it was collected. This is generally the case for the data used to provide the website when the respective session has ended.

When you post a comment, it is saved indefinitely, including metadata. This way, we can automatically detect and approve follow-up comments instead of holding them in a moderation queue.
For users who register on our site, we also store the personal information they provide in their user profiles. All users can view, change, or delete their personal information at any time (the username cannot be changed). Administrators of the website can also view and modify this information.

Comments

When visitors post comments on the website, we collect the data displayed in the comment form, in addition to the visitor’s IP address and the user agent string (this identifies the browser) to help detect spam.

Media

If you are a registered user and upload photos to this website, you should avoid uploading photos with an EXIF GPS location. Visitors to this website might download photos stored on this website and extract their location information.

Contact forms

The data you enter will be stored for the purpose of individual communication with you. For this purpose, it is necessary to provide a valid e-mail address and your name. This serves the assignment of the request and the subsequent response to the same. The specification of further data is optional.

Cookies

When you write a comment on our website, this can be a consent to store your name, email address and website in cookies. This is a convenience feature so that when you write another comment, you do not have to enter all this data again. These cookies are stored for one year.

If you have an account and you log in to this website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie does not contain any personally identifiable information and is discarded when you close your browser.

When you log in, we will set some cookies to store your login information and viewing options. Login cookies expire after two days and display options cookies expire after one year. If you select “Stay logged in” when you sign up, your login will be maintained for two weeks. When you log out of your account, the login cookies are deleted.

Use of script libraries (Google Webfonts)

In order to display our content correctly and graphically appealing across browsers, we use “Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”) on this website to display fonts.

The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/

Embedded content from other websites

Posts on this website may contain embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves exactly as if the visitor had visited the other website.

These websites may collect information about you, use cookies, embed additional third-party tracking services, and record your interaction with this embedded content, including your interaction with the embedded content if you have an account and are logged into this website.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter: “Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these web pages, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

The purposes of data processing are to evaluate the use of the website and to compile reports on website activities. Based on the use of the website and the internet, other related services shall then be provided.

Use of Google Maps

On this website we use the offer of Google Maps. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”). This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.

You can find more information about data processing by Google in the Google privacy policy. There you can also change your personal data protection settings in the data protection center.

What rights you have to your data

If you have an account on this website or have posted comments, you may request an export of your personal data from us, including any data you have provided to us. In addition, you can request the deletion of all personal data that we have stored about you. This does not include data that we are required to retain for administrative, legal or security needs.

Where we send your data

Visitor comments could be examined by an automated service for spam detection.

Contact information

For data protection-related concerns, please contact the person(s) named in the imprint.

How we protect your data

SSL encryption

To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS

Questions for the data protection officer

If you have any questions about data protection, please write us an e-mail or contact directly the responsible person in our organization listed for data protection at the beginning of the privacy policy.