AGB / Imprint

Company headquarters
Simpex Electronic AG
Binzackerstrasse 33
CH-8620 Wetzikon

CHE-108.018.777 MWST

P +41 44 931 10 10
contact(at)simpex.ch

© Images used
istockphoto.com
Fotolia.com
Simpex Electronic AG

Copyright
All content such as images, graphics, photos, texts and the Simpex logo are the exclusive property of Simpex Electronic AG based in Wetzikon/Switzerland or the respective rights holders.

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1. Scope of Application
These General Terms and Conditions apply to all goods and services. Deviations from these terms may be agreed upon in writing. General terms and conditions provided by customers are valid only upon written acceptance by Simpex Electronic AG. For matters not governed by these General Terms and Conditions, the Swiss Code of Obligations shall apply.

2. Quotes, Prices, and Payment Terms
Quotes, prices, and payment termsare provided in writing. The period of validity is specified on the document. Prices are net, excluding value-added tax, freight, postage, and packaging, in the currency specified in the quote. For international shipments, any customs costs and duties shall be borne by the customer. Price increases by suppliers, significant exchange rate fluctuations, increased customs duties, and additional tax burdens that occur during the performance of the contract entitle Simpex Electronic AG to adjust prices. The customer will be notified of such adjustments in advance. The customer may request proof of the price increases. Unless otherwise agreed in writing, invoices are payable net within 30 days of the invoice date. After the payment deadline has expired, late payment interest and reminder fees may be charged. The customer may not withhold or suspend payments for any reason, neither in the event of complaints nor in connection with any other claims raised. The offsetting of any counterclaims is not permitted. Delivered goods remain the property of Simpex Electronic AG until full payment has been made. If a customer fails to comply with the terms of payment or becomes insolvent, all outstanding balances owed to Simpex Electronic AG shall become due immediately. For further orders, including confirmed ones, Simpex Electronic AG is free to change the terms immediately and without notice and/or to deliver goods only against advance payment. If, after the conclusion of the contract, Simpex Electronic AG becomes aware of circumstances that impair the customer’s creditworthiness, Simpex is entitled to deliver the goods only against advance payment. If advance payment is not made within a reasonable period set by Simpex, Simpex is entitled to withdraw from the contract.

3. Packaging, Shipping, and Small-Quantity Surcharge
Unless otherwise agreed in writing, shipments are made in accordance with the delivery terms FCA CH-8620 Wetzikon, Incoterms 2020, excluding packaging, transportation, insurance, and customs clearance costs. Title and risk pass to the customer upon handover of the goods to the carrier at the Simpex Electronic AG facility. Insurance against damage of any kind is the responsibility of the purchaser. Packaging costs are billed together with the shipping charges. All shipping costs are borne by the purchaser. Packaging materials will not be accepted for return. For small-quantity deliveries with a net merchandise value of less than CHF 100, a surcharge of CHF 15 per delivery/invoice will be applied.

4. Conclusion of Contract
Orders become binding upon acceptance by Simpex Electronic AG. Acceptance of the order is effected by a written order confirmation. Simpex Electronic AG may require written orders. Subsequent agreements and changes to placed orders must be submitted by the customer in writing and confirmed by Simpex Electronic AG with a new order confirmation. Exchanges or returns of goods that are free of defects and delivered in accordance with the contract are not permitted and may only be made with the prior written consent of Simpex Electronic AG. Returns are not permitted for products procured or manufactured to customer specifications.

If a return is approved, the merchandise must be returned complete, unused, undamaged, in its original packaging, and in resalable condition. Simpex Electronic AG reserves the right to refuse returns of merchandise that does not meet these requirements.

Simpex Electronic AG charges a flat-rate handling fee of 20% of the net value of the returned goods, with a minimum charge of CHF 50.00, for the processing, inspection, and restocking of returned goods.

All transportation and shipping costs are the responsibility of the customer.

5. Order Fulfillment
The scope of delivery is governed by the terms of the order or contract; however, partial deliveries are permitted. Quotations are always nonbinding. The validity of the quotation is specified in the respective document. Upon order confirmation, binding delivery dates are provided whenever possible. Any subsequent changes to delivery dates will be communicated in writing via a new order confirmation.

Orders are fulfilled when the delivery item has been handed over to the forwarding agent/carrier on the agreed delivery date, unless otherwise agreed in writing. Production and repair orders shall be deemed to have been fulfilled if the goods ordered or delivered for repair have been carried out in accordance with the customer's specifications on the agreed date. Repair work shall also be deemed to have been completed if the delivered goods can no longer be restored to a functional condition.

Development orders shall be deemed to have been fulfilled if, after the samples have been approved by the customer and any corrections have been made, the final samples including documentation have been delivered to the customer by the agreed date.

When transmitting electronically generated data via electronic media, the customer is obliged to report incomplete transmission or ambiguities of any kind to Simpex Electronic AG immediately. Simpex Electronic AG declines any responsibility for damages that may arise from transmission errors.

Unless fixed agreements have been made, call-off dates and quantities can only be met within the scope of delivery or production possibilities. If the Customer does not accept the ordered goods or does not call them off within the agreed period, Simpex shall be entitled to demand the agreed price without depositing the goods.

6. Force Majeure
Events of force majeure release Simpex Electronic AG from its obligations to the customer. In such cases, the customer has no right to assert any claims against Simpex Electronic AG.

Events of force majeure are mobilization, war, sabotage, strike, lockout, official measures or decrees on work or delivery restrictions, embargoes, restriction of energy supply, pandemic situations, flooding, storm, fire and other natural events. Other force majeure events include machine breakdowns lasting more than 5 working days, delayed or faulty delivery of components and other materials for the fulfillment of the contract, delays in transportation or traffic disruptions. This also applies if the circumstances occur at upstream suppliers. If an event of force majeure occurs, Simpex Electronic AG shall inform the customer immediately.

7. Warranty and Liability
Unless the customer provides specific instructions, products are inspected in accordance with internal guidelines. The customer is obligated to inspect the delivered goods immediately for quantity and condition and to report any damage, defects, incorrect deliveries, or incomplete deliveries to Simpex Electronic AG immediately, but no later than within 7 days; otherwise, the delivery shall be deemed to have been made correctly. In the case of hidden defects, there is also an obligation to notify Simpex immediately upon discovery, but no later than within 7 days. The notification to Simpex must be in writing and must include, at a minimum, details of the defects, discrepancies, and observations. Failure to provide timely notice shall result in the forfeiture of all warranty claims. The same time limits apply to the performance of development work as well as manufacturing and repair orders carried out on behalf of customers. The seller provides no other or further warranty, whether of quality or title. In particular, the seller does not warrant that the delivery is suitable for the intended use or that it does not infringe any third-party rights. The Seller’s warranty is limited to manufacturing or material defects, which the Seller may remedy, at its discretion, by repair or replacement. Excluded from the warranty are wear-and-tear parts, such as, in particular, batteries, rechargeable batteries, power cords, adapters, and software issues. In all other respects, the disclaimers of liability apply. Furthermore, the seller is not liable for damage to the goods incurred during transport. Claims for such damage must be filed directly with the delivering postal service or the shipping carrier. If a data storage medium or a product containing a data storage device is handed over to Simpex Electronic AG, the customer must in any case expect complete data loss. The customer is solely responsible for properly backing up and protecting their data. Simpex Electronic AG assumes no liability for any loss of data. The warranty period for the contracted products begins upon delivery of the products to the customer in accordance with the contract and ends in accordance with the warranty period agreed upon in the individual contract (depending on the subcontractor/product).

Simpex Electronic AG is entitled, at its sole discretion, to provide the customer with a replacement unit while the warranty claim is being reviewed (replacement subject to conditions). The replacement is subject to the (suspensive) condition that a valid warranty claim actually exists and incurs no costs for Simpex Electronic AG for any work involved in installing and removing the replacement unit. Ownership of the replacement product is transferred to the customer only after Simpex Electronic AG has approved the warranty claim. If Simpex Electronic AG rejects the warranty claim, the customer may choose either to purchase the replacement unit at its market value at the time of delivery or to return the replacement unit at their own expense.

In the event of a justified complaint, Simpex Electronic AG shall rectify the goods within a reasonable period of time in accordance with the reported defects. Claims by the customer for damages, rescission of the purchase or reduction of the purchase price are expressly excluded. If rectification work on goods is unsuccessful, liability shall be limited to replacement of the defective goods free of charge. If replacement deliveries are not possible, the purchase price will be refunded against return of the defective goods.

Liability is governed by the applicable statutory provisions; in addition, slight negligence is excluded in accordance with the Swiss Code of Obligations.

Furthermore, Simpex Electronic AG rejects liability in the following cases:

• Improper, non-compliant, or unlawful storage, setup, or use of the products;
• Use of incompatible replacement parts or accessories (e.g., power supply);
• Failure to perform maintenance and/or improper modification or repair of the products by the customer or a third party;
• Force majeure, in particular damage caused by natural disasters, moisture, falls, and impacts, etc., for which Simpex Electronic AG is not responsible, and official orders.

8. Repairs Not Covered by the Warranty
The customer is responsible for the cost of any repair not covered by the warranty under Section 7.

Simpex Electronic AG may charge a flat-rate fee for technical inspections, warranty inspections, fault analysis, and the preparation of a cost estimate. If the issue is not covered by the warranty or if no repair order is placed after the cost estimate is prepared, a flat-rate fee of CHF 120.00 will be charged.

A valid proof of purchase must be included with every repair or warranty claim. If no proof of purchase is provided, Simpex Electronic AG is entitled to bill separately for the resulting additional administrative costs. For products not purchased from Simpex Electronic AG, Simpex Electronic AG reserves the right to charge separately for any additional inspection, processing, administrative, or shipping costs.

9. property rights and copyrights
Simpex' suppliers and Simpex reserve the sole property rights and copyrights to all quotations, drawings, drafts and all other documents. The said documents shall be entrusted to the customer personally and may not be made accessible to third parties or copied without Simpex's written consent. For goods or services delivered or rendered in accordance with drawings, models, samples or other documents of the customer, the customer warrants that neither intellectual property rights nor other rights of third parties are infringed. In addition, the customer undertakes to indemnify Simpex in connection with claims by third parties for infringement of their rights.

10. provision of components, measuring and testing equipment
The customer bears sole responsibility for components provided. If Simpex Electronic AG discovers defects in the goods provided, the production process may be interrupted. The customer will be informed immediately. In such a case, the delivery time shall be extended by at least the time of the interruption. If a customer provides measuring and testing equipment, the customer shall be responsible for calibration, maintenance and inspection.

11. Validity, Place of Performance, and Jurisdiction
Any amendments or additions to these terms and conditions must be in writing to be valid. Simpex, however, reserves the right to amend or introduce these terms and conditions, as well as other provisions governing the relationship between the seller and the buyer (e.g., regarding data protection, use of the website), at any time. If, for any reason, one or more provisions of these General Terms and Conditions are or become invalid in whole or in part, the remaining provisions shall remain in full force and effect. The contracting parties are obligated to agree on substitute provisions that come as close as possible to the invalid provisions in terms of their regulatory content. These General Terms and Conditions are written in German, French, and English. In the event of any discrepancies, the German version shall prevail. The place of performance for the delivery and payment of goods and services, as well as the venue for any disputes for both parties, is CH – 8620 Wetzikon. These General Terms and Conditions are effective from October 2026 until further notice.