Parametric GmbH declares the General Terms and Conditions of Delivery to be binding in all offers and order confirmations. Any deviating provisions in these, such as Incoterms used, shall take precedence. Parametric GmbH does not accept the customer’s General Terms and Conditions of Delivery under any circumstances, even if the customer declares them to be applicable in its order. If the customer does not object to Parametric GmbH’s order confirmation in writing within five days in this case, it waives the application of its General Terms and Conditions of Delivery; otherwise no contract shall be concluded.
The deliveries and services are listed exhaustively in Parametric GmbH’s order confirmation or the limited offer, if necessary by reference to enclosures.
Specifications in technical documents are binding only to the extent that Parametric GmbH expressly warrants them in the order confirmation or limited offer. Otherwise they are approximate values and Parametric GmbH reserves the right to change them. Parametric GmbH reserves all copyrights to the technical documents.
All prices are net, excluding VAT, ex works, excluding packaging, without any deductions. All ancillary costs (packaging, freight, insurance, fees for export, transit, import and other permits and certifications, customs and all other duties) shall be borne by the customer. Parametric GmbH reserves the right to adjust the price proportionately if there is a significant change in wage rates or material prices between the conclusion of the contract and performance. Parametric GmbH shall be entitled to adjust the price accordingly if the delivery time is subsequently extended for reasons for which Parametric GmbH is not responsible or if the documents provided by the customer did not correspond to the actual circumstances or were incomplete. In the case of orders denominated in foreign currency, Parametric GmbH may adjust the sales prices accordingly if the relevant exchange rate changes by more than 3% between the conclusion of the contract and the provision of the service.
All payments shall be made in St. Gallen without deduction of discounts, expenses, levies, customs duties and the like. The due date and amount of partial payments shall be determined by Parametric GmbH’s order confirmation or quotation. In the absence of such information, the price shall be due for payment 30 days after the date of the invoice as soon as the goods are ready for delivery. Delays in delivery for which Parametric GmbH is not responsible, as well as rights based on defects and other counterclaims of the customer of any kind, do not entitle the customer to withhold or refuse payment in whole or in part.
Parametric GmbH shall remain the owner of all its deliveries until the price agreed with the customer has been paid in full. Until the transfer of ownership, the customer is obliged to insure the goods against all risks at his own expense.
The delivery period shall commence as soon as the contract has been concluded, all official formalities have been complied with, agreed advance payments and securities have been provided and the essential technical points have been clarified. The delivery period shall be deemed to have been complied with if notification of readiness for despatch has been sent to the customer by the end of the delivery period.
The delivery period shall be reasonably extended
Benefit and risk shall pass to the customer at the latest upon dispatch of the delivery ex works, even if Parametric GmbH undertakes the transport. If dispatch is delayed for reasons for which the customer is responsible, the goods shall be stored at the customer’s risk and expense.
The customer is obliged to inspect the goods and services within 14 days of receipt, both visually and using methods that can be used to determine the existence of the assumed and warranted characteristics, and to notify Parametric GmbH of any defects in writing without delay. Parametric GmbH undertakes to remedy any defects as soon as possible. Warranted characteristics are only those which are described as such in the specifications. If the customer fails to give notice of defects, the deliveries and services shall be deemed to have been approved.
Parametric GmbH warrants to the customer that its goods and services will be free from defects in material and workmanship for a period of 24 months from the date of notification of readiness for shipment. For replaced or repaired parts, the warranty period shall begin to run again from the date of replacement or completion of the repair. The warranty expires prematurely if the customer or third parties carry out modifications or repairs to the goods and services without the consent of Parametric GmbH. Damage caused by natural wear and tear, insufficient maintenance, disregard of operating instructions, incorrect operation, excessive stress, chemical or electrolytic influences, water, corrosion, erosion and the like are excluded from the warranty. Until the expiry of the warranty period, Parametric GmbH undertakes, at the customer’s written request, to repair or replace as quickly as possible, at its discretion, all parts of the deliveries for which a warranty obligation exists in accordance with the preceding paragraph. The Customer shall have no rights and claims in respect of defects of any kind in the Goods or Services other than those expressly referred to in this and the preceding paragraph. In particular, claims for damages, reduction of the purchase price or cancellation of the contract are excluded. Under no circumstances shall the Customer be entitled to claim compensation for damage that has not occurred to the delivery item itself, such as loss of production, loss of use, loss of orders, loss of profit or other direct or indirect damage. These limitations do not apply to unlawful intent or gross negligence on the part of Parametric GmbH, but do apply to unlawful intent or gross negligence on the part of its agents.
Parametric GmbH’s own products can be returned at the customer’s expense within 14 days of receipt. Excluded from the right of return are components specially ordered or manufactured for the customer (delivery items), equipment customised to the customer’s requirements, as well as software licences and services. In order to ensure smooth processing of returns, Parametric GmbH must be contacted in advance. For this purpose, we recommend that you submit an RMA (Return Merchandise Authorisation) request online. Parametric GmbH will provide the customer with a return address and RMA number. This address must be used for the return shipment. The return must be made within a maximum of 10 days from the date of delivery of the RMA address and the customs declaration “Return” or “Retoure”.
Returns with full credit are possible for
Return with 10% deduction is possible for
The return of used equipment is subject to inspection by our returns department and cannot be guaranteed. The amount of the credit will be determined after inspection by our returns department on the basis of the condition of the goods and will be notified to the customer in writing and will not exceed 80% of the purchase price. The customer may appeal the decision within 10 days and request that the goods be returned at his own expense.
The accuracy of measurement data from sensors depends on the measurement technology, external influences and the type of installation and operation. Unless explicitly offered, the customer has no right to free support for questions and problems related to commissioning and optimisation of measurement accuracy. Under no circumstances is the customer entitled to financial compensation for damage caused by measurement inaccuracy, such as loss of production, loss of use, loss of orders, loss of profit or other direct or indirect damage. In particular, compensation, reduction or withdrawal from the contract are excluded.
Parametric products contain high performance subsystems that may reach the end of their useful life during the lifetime of the equipment in use. An Obsolescence Management Service is offered to ensure availability, replacement and repair. This is a separate contract with the customer in addition to hardware and software deliveries.
The software supplied by Parametric GmbH is, as far as possible, hardware independent. Full backward compatibility can only be guaranteed if Parametric has entered into such an agreement with the customer.
Product Life Cycle Phases
|New||This is a new product and we are ramping up production|
|Active||Product in full production|
|EOL||Product is discontinued. We might be able to ship stocked devices|
|Obsolete||Product cannot be ordered anymore|
The legal relationship between Parametric GmbH and the customer is governed by Swiss law. Place of jurisdiction is Interlaken.