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Sales Terms & Conditions
1. General
These Sales Terms and Conditions apply to the sale of products, equipment, and spare parts (hereinafter referred to as “equipment”) by AquaJet Technik Swiss GmbH (hereinafter referred to as “the company”).
Unless otherwise agreed in writing, all work performed by the company shall be carried out exclusively in accordance with the terms and conditions set forth herein.
The company undertakes to comply with all applicable laws and regulations in force at the time of the offer, insofar as they apply to the manufacture of the equipment.
Compliance with local laws and regulations relating to the location, use, or operation of the equipment, or its use in conjunction with other equipment, shall be the sole responsibility of the purchaser.
2. Title and Risk of Loss
Title and risk of loss or damage to the equipment shall pass to the purchaser upon delivery, unless otherwise agreed in writing.
However, the company retains a security interest in the delivered equipment until full payment of all amounts has been made, regardless of whether the equipment is attached to real property or other items.
The purchaser agrees, upon request, to take all necessary actions to protect this security interest and to adequately insure the equipment against loss or damage, naming the company as an additional insured party.
3. Assignment
Neither party may assign or transfer this contract without the prior written consent of the other party.
However, the company is entitled to assign or transfer its right to receive payment from the purchaser, in whole or in part, to third parties without the purchaser’s prior consent.
4. Delivery and Delays
Delivery dates are to be understood as estimates and shall not be considered binding deadlines in the sense of “time is of the essence.”
The company shall not be liable for any loss or delay resulting from force majeure, such as war, riots, fire, flood, strikes, government actions, embargoes, transportation damage, or shortage of materials.
In the event of a delay caused by such circumstances, the delivery period shall be extended by the length of the delay.
The purchaser’s acceptance of the delivery shall constitute a waiver of any claims arising from delivery delays.
5. Taxes
The prices quoted do not include any taxes, duties, or fees (e.g., value-added tax, import/export duties, license or excise taxes).
Such charges will be invoiced separately to the purchaser and must be paid promptly.
If the purchaser provides a valid tax exemption certificate, it will be honored; otherwise, the purchaser agrees to reimburse the company for any taxes paid on their behalf.
6. Setoff
The purchaser or any affiliated companies are not entitled to offset or withhold payments due to the company against their own claims.
7. Export Compliance
The buyer undertakes
(i) not to export the Products, directly or indirectly, to countries or persons subject to sanctions by the EU, the United Nations or the United States,
(ii) comply with all applicable export and sanctions laws,
(iii) to include these obligations in its own conditions of sale and
(iv) to indemnify AquaJet Technik Swiss GmbH against all damages arising from a breach of this clause.
The Company is entitled to terminate the Agreement without notice if the Buyer breaches these provisions or if the performance of the Agreement would pose a risk of breaching sanctions.
In the event of termination, the buyer waives any claims for damages.
8. Conflict Minerals
It is the policy of AquaJet Technik Swiss GmbH to work only with socially responsible suppliers and not to use materials that come from conflict areas (e.g. Democratic Republic of Congo).
9. Garantie
The company warrants that the delivered equipment will be free from defects in materials and workmanship for a period of 30 days from the date of shipment.
The buyer must report defects in writing within this period.
The Company will, at its sole discretion, remedy the defect or supply a replacement part, provided the equipment has been properly stored, installed, maintained, and operated.
For components supplied by other manufacturers, their warranty conditions apply exclusively.
The company is not liable for any unauthorized repairs, replacements, or adjustments without written consent.
Corrosion, erosion or normal wear and tear are expressly excluded from the warranty.
All other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose, are hereby excluded.
The company's liability is limited to repair or replacement within the specified period.
The purchaser may not continue to operate a device found to be defective without first notifying the company in writing; otherwise, use is at the purchaser's own risk.
10. Governing Law and Limitation of Liability
All claims of the Buyer are limited to the remedies set forth in these Terms.
The company's total liability may not exceed the purchase price of the affected unit.
The Company shall not be liable for any indirect, incidental, special or consequential damages (including loss of profits, loss of production, business interruption or loss of use), whether based on contract, negligence or any other legal theory.
11. Conclusion of Contract
The Company is only bound by a contract if it has been confirmed in writing by an authorized representative.
A confirmed contract supersedes all previous oral or written agreements between the parties.
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