General Terms And Conditions
1. General
1.1 Gauge-Express is a brand of TOSAG Engineering AG. All legal transactions are therefore conducted between the customer and TOSAG Engineering AG. This text is a translation. The German version is authoritative.
1.2 These terms and conditions apply to deliveries both to "entrepreneurs," i.e., natural persons, legal entities, or legally capable partnerships engaging in commercial or self-employed professional activities with us, and to deliveries to "consumers," i.e., natural persons engaging with us outside of commercial or self-employed activities.
1.3 All offers, deliveries, services, and associated contractual agreements between TOSAG Engineering AG as the supplier and the buyers are based on these terms and conditions. Other conditions only apply if explicitly and mutually agreed upon in writing.
1.4 By placing an order, the buyer declares a binding intention to purchase the ordered goods. The contract is concluded either by our explicit confirmation of the order or by processing the order through delivery of the goods.
1.5 The content of promotional brochures and catalogs, as well as information in technical documents and assurances of properties, are not binding unless explicitly agreed upon in writing. The availability of goods from the manufacturer is subject to change. Assembly and operating instructions are included in the delivery only if provided by the manufacturer.
1.6 For custom-made special tools, the buyer is responsible for the accuracy of specifications (drawings, dimensions, etc.) provided by them. To avoid errors and subsequent costs, these specifications must always be submitted in writing. Custom tools cannot be returned and are excluded from exchange.
2. Prices
2.1 Unless expressly agreed otherwise, all deliveries are made at the prices specified on the online shop (www.gauge-express.de).
2.2 Any discounts included in the net prices apply only for a minimum purchase value of CHF 100.- (excluding shipping and packaging costs and VAT).
2.3 Shipping and packaging costs are billed separately. Depending on the chosen or agreed Incoterms or shipping options, additional costs such as customs duties, taxes, transport insurance, etc., may apply.
2.4 All price indications are, where applicable, plus the valid statutory VAT.
2.5 The buyer must review the invoice within a reasonable period. Complaints regarding the invoice will not be considered after the payment deadline has passed.
3. Payment Terms
3.1 Payment for the purchase price can be made using the payment methods available on the online shop (www.gauge-express.de) (credit card, invoice, or advance payment).
3.2 For deliveries on invoice, the purchase price must be paid within 30 days from the invoice date. In case of late payment, interest on arrears of 8 percent will be charged without prior reminder.
3.3 The delivered goods remain the property of TOSAG Engineering AG until full payment is received.
4. Delivery and Shipping Conditions
4.1 The minimum order value is CHF 30.- per order (excluding shipping and packaging costs and VAT). Partial deliveries are reserved if advantageous for efficient processing. Transport damage must be reported immediately to the relevant transport company.
4.2 Required or prescribed packaging will not be taken back. Exceptions will be specifically noted.
4.3 Risk and benefit transfer to the buyer upon delivery. Deviations may apply according to the Incoterms chosen by the buyer.
4.4 If the ordered goods are no longer available, the customer may choose to cancel the order or opt for a proposed substitute item. The proposed substitute item may differ in quality and price.
4.5 The buyer acknowledges that the export of certain products (including software and documentation), due to their nature, intended use, or destination, may be subject to restrictions and require authorization. The buyer agrees to strictly comply with all applicable export control and sanction regulations, especially those of Switzerland, the European Union, its member states, and the USA.
5. Right of Return
5.1 The buyer may return the delivered goods within 14 calendar days from the date of delivery. To accept the return, the goods must be unused, in their original condition, and returned in their original packaging.
5.2 For custom-made items and items not typically stocked and specifically procured for the buyer, the right of return is excluded.
5.3 Returns are at the cost and risk of the buyer.
5.4 In the event of a valid exercise of the right of return, we will refund or credit any payments received upon receipt of the returned goods.
6. Warranty and Service
6.1 The warranty period for deliveries to entrepreneurs is 12 months from delivery. For consumers, the statutory warranty period applies.
6.2 We warrant that the goods are free from material and manufacturing defects. For goods not manufactured by us, the warranty conditions and services of the manufacturers apply.
6.3 The buyer is obliged to inspect each delivery immediately upon receipt for external damage, incorrect delivery, or shortages. Complaints must be made within 3 working days of receipt of the delivery. Defects occurring during the warranty period must be reported to us immediately upon discovery. If no defects are found or if they do not fall under the warranty, we may pass the costs of inspection and shipping onto the buyer.
6.4 In case of defects covered by the warranty, repair or replacement with equivalent goods will be carried out at our or the manufacturer’s discretion. Any further warranty is excluded, particularly the buyer’s right to withdrawal or reduction.
6.5 Additionally, we offer repair and service work for the goods we provide. The costs incurred are borne by the buyer. If the buyer explicitly requests a cost estimate, they will be billed for the costs incurred, plus a handling fee, even if they decide not to proceed with the repair or service.
7. Liability
7.1 Any liability of TOSAG Engineering AG for breach of contract, impossibility of performance, delivery delay, warranty, or any other legal grounds is excluded, to the extent permitted by law.
7.2 The buyer has no claims for compensation for damages not arising from the delivery item itself, such as production downtime, loss of use, loss of orders, third-party claims, lost profits, or other consequential and indirect damages.
8. Final Provisions
8.1 Data Protection: Personal data collected from the buyer is treated confidentially and with due care.
8.2 Amendments: We reserve the right to adjust or amend these terms and conditions as necessary at any time.
8.3 Severability: The invalidity of individual provisions of these terms and conditions or the delivery contract concluded with the customer does not affect the validity of the remaining provisions.
8.4 Applicable Law: This contract and the entire legal relationship of the parties are governed by Swiss law, excluding the UN Sales Convention (CISG).
8.5 Place of Performance and Jurisdiction: Subject to mandatory legal provisions, Zofingen, Switzerland, is the place of performance and jurisdiction. We reserve the right to take legal action against the buyer at their place of business or residence.
Issued June 2024
1.1 Gauge-Express is a brand of TOSAG Engineering AG. All legal transactions are therefore conducted between the customer and TOSAG Engineering AG. This text is a translation. The German version is authoritative.
1.2 These terms and conditions apply to deliveries both to "entrepreneurs," i.e., natural persons, legal entities, or legally capable partnerships engaging in commercial or self-employed professional activities with us, and to deliveries to "consumers," i.e., natural persons engaging with us outside of commercial or self-employed activities.
1.3 All offers, deliveries, services, and associated contractual agreements between TOSAG Engineering AG as the supplier and the buyers are based on these terms and conditions. Other conditions only apply if explicitly and mutually agreed upon in writing.
1.4 By placing an order, the buyer declares a binding intention to purchase the ordered goods. The contract is concluded either by our explicit confirmation of the order or by processing the order through delivery of the goods.
1.5 The content of promotional brochures and catalogs, as well as information in technical documents and assurances of properties, are not binding unless explicitly agreed upon in writing. The availability of goods from the manufacturer is subject to change. Assembly and operating instructions are included in the delivery only if provided by the manufacturer.
1.6 For custom-made special tools, the buyer is responsible for the accuracy of specifications (drawings, dimensions, etc.) provided by them. To avoid errors and subsequent costs, these specifications must always be submitted in writing. Custom tools cannot be returned and are excluded from exchange.
2. Prices
2.1 Unless expressly agreed otherwise, all deliveries are made at the prices specified on the online shop (www.gauge-express.de).
2.2 Any discounts included in the net prices apply only for a minimum purchase value of CHF 100.- (excluding shipping and packaging costs and VAT).
2.3 Shipping and packaging costs are billed separately. Depending on the chosen or agreed Incoterms or shipping options, additional costs such as customs duties, taxes, transport insurance, etc., may apply.
2.4 All price indications are, where applicable, plus the valid statutory VAT.
2.5 The buyer must review the invoice within a reasonable period. Complaints regarding the invoice will not be considered after the payment deadline has passed.
3. Payment Terms
3.1 Payment for the purchase price can be made using the payment methods available on the online shop (www.gauge-express.de) (credit card, invoice, or advance payment).
3.2 For deliveries on invoice, the purchase price must be paid within 30 days from the invoice date. In case of late payment, interest on arrears of 8 percent will be charged without prior reminder.
3.3 The delivered goods remain the property of TOSAG Engineering AG until full payment is received.
4. Delivery and Shipping Conditions
4.1 The minimum order value is CHF 30.- per order (excluding shipping and packaging costs and VAT). Partial deliveries are reserved if advantageous for efficient processing. Transport damage must be reported immediately to the relevant transport company.
4.2 Required or prescribed packaging will not be taken back. Exceptions will be specifically noted.
4.3 Risk and benefit transfer to the buyer upon delivery. Deviations may apply according to the Incoterms chosen by the buyer.
4.4 If the ordered goods are no longer available, the customer may choose to cancel the order or opt for a proposed substitute item. The proposed substitute item may differ in quality and price.
4.5 The buyer acknowledges that the export of certain products (including software and documentation), due to their nature, intended use, or destination, may be subject to restrictions and require authorization. The buyer agrees to strictly comply with all applicable export control and sanction regulations, especially those of Switzerland, the European Union, its member states, and the USA.
5. Right of Return
5.1 The buyer may return the delivered goods within 14 calendar days from the date of delivery. To accept the return, the goods must be unused, in their original condition, and returned in their original packaging.
5.2 For custom-made items and items not typically stocked and specifically procured for the buyer, the right of return is excluded.
5.3 Returns are at the cost and risk of the buyer.
5.4 In the event of a valid exercise of the right of return, we will refund or credit any payments received upon receipt of the returned goods.
6. Warranty and Service
6.1 The warranty period for deliveries to entrepreneurs is 12 months from delivery. For consumers, the statutory warranty period applies.
6.2 We warrant that the goods are free from material and manufacturing defects. For goods not manufactured by us, the warranty conditions and services of the manufacturers apply.
6.3 The buyer is obliged to inspect each delivery immediately upon receipt for external damage, incorrect delivery, or shortages. Complaints must be made within 3 working days of receipt of the delivery. Defects occurring during the warranty period must be reported to us immediately upon discovery. If no defects are found or if they do not fall under the warranty, we may pass the costs of inspection and shipping onto the buyer.
6.4 In case of defects covered by the warranty, repair or replacement with equivalent goods will be carried out at our or the manufacturer’s discretion. Any further warranty is excluded, particularly the buyer’s right to withdrawal or reduction.
6.5 Additionally, we offer repair and service work for the goods we provide. The costs incurred are borne by the buyer. If the buyer explicitly requests a cost estimate, they will be billed for the costs incurred, plus a handling fee, even if they decide not to proceed with the repair or service.
7. Liability
7.1 Any liability of TOSAG Engineering AG for breach of contract, impossibility of performance, delivery delay, warranty, or any other legal grounds is excluded, to the extent permitted by law.
7.2 The buyer has no claims for compensation for damages not arising from the delivery item itself, such as production downtime, loss of use, loss of orders, third-party claims, lost profits, or other consequential and indirect damages.
8. Final Provisions
8.1 Data Protection: Personal data collected from the buyer is treated confidentially and with due care.
8.2 Amendments: We reserve the right to adjust or amend these terms and conditions as necessary at any time.
8.3 Severability: The invalidity of individual provisions of these terms and conditions or the delivery contract concluded with the customer does not affect the validity of the remaining provisions.
8.4 Applicable Law: This contract and the entire legal relationship of the parties are governed by Swiss law, excluding the UN Sales Convention (CISG).
8.5 Place of Performance and Jurisdiction: Subject to mandatory legal provisions, Zofingen, Switzerland, is the place of performance and jurisdiction. We reserve the right to take legal action against the buyer at their place of business or residence.
Issued June 2024