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General terms and conditions of business

General conditions of sale for items made to specification
The general conditions of sale are an integral part of the contract between Calendaria AG and the ordering party. The general conditions of sale are to be used unconditionally and have priority over any other terms and conditions of business. Any agreements which modify or supplement the conditions and terms below must be approved in writing by Calendaria AG to be valid.

1. Offers, orders

All offers made by Calendaria AG are subject to change without notice. The contract between Calendaria AG and the ordering party is concluded once Calendaria AG has confirmed the verbal or written order from the ordering party in writing.

2. Prices
All prices are net prices ex works, and do not include VAT. The prices specified are valid for a period of three months. Additional costs for printing blocks, tools, the construction of electrodes and author corrections are to be paid by the ordering party and are charged separately. The amounts charged for tools and electrodes are proportional costs; the relevant tools and electrodes remain the sole property of Calendaria AG.

3. Shipping
Shipping instructions are only binding if they have been confirmed in writing by Calendaria AG. Shipping costs are charged to the ordering party.

4. Delivery
Adhering to the agreed delivery date only applies when the necessary documents (picture and text copy, manuscripts or data, o.k. to print, shipping lists, etc.) are received by the manufacturer at the time agreed. The specified delivery date refers to the calendar week in which we will deliver the goods. If o.k. to print is not issued within the period of time allotted, the manufacturer is no longer bound by the agreed delivery date. A delay in delivery does not give the buyer the right to cancel the contract nor does it entitle the buyer to any claims for damages. This does not apply to delays which can be proved to have been caused by gross negligence on the part of Calendaria AG. We deliver in the agreed week of delivery or as soon as the order has been completed, unless the customer has issued special delivery specifications. Should the ordering party be in default of acceptance or violate any other duties to cooperate, Calendaria AG is entitled to claim for any damages incurred including any additional expenditure. The right to assert further claims remains reserved.

5. Scope of delivery
Calendaria AG reserves the right to deliver 5% more or less than agreed. This tolerance also applies to delivery instalments.

6. Transfer of use and risk
Use and risk pass to the ordering party when the delivery leaves the Calendaria AG premises.

7. Accepting delivery and guarantee
When delivered goods are found to be defective in terms of weight, number of items and quality of the goods, the ordering party must inform Calendaria AG of this in writing within 10 days of receipt of the goods (failing which the delivery shall be deemed to have been accepted).
Calendaria AG undertakes to replace all parts of the delivery which can be proved to be defective due to bad material, incorrect construction or poor finishing free of charge on their return within a befitting period of time when asked to do so in writing by the ordering party. To simplify handling, the returned goods are usually credited and the replacement goods re-invoiced.
The following tolerances, customary within the industry, are due to technical reasons and do not count as defects:

– Dimensional deviations as a result of cutting, punching, gluing and welding,
– Thicknesses of materials and weight +/– 10%,
– Minor deviations in the quality of material, colour and finishing.

In terms of defects in material, construction or finishing, the ordering party has no other rights or claims than those named explicitly in this section. This particularly excludes damages, price reduction, rescission and cancellation of the contract. Cases of gross negligence on the part of Calendaria AG are exempted from the exclusion clause.

8. Samples
Calendaria AG does not normally charge for samples. However, this does not apply to samples which require a tool for manufacture or which are not linked to a specific offer. The amounts charged for the manufacture of tools are to be seen as proportional costs. Paying for them does not give the ordering party the right to expect delivery of the tools concerned. The tools remain the sole property of Calendaria AG and, in particular, must not be transferred to third parties.

9. Right of reproduction
The reproduction and printing of all picture and text copy, samples, etc. provided by the ordering party are carried out on the understanding and assumption that the ordering party possesses the relevant reproduction rights.

10. Reservation of ownership
The goods remain the property of Calendaria AG until the purchase price and all accessory claims are paid in full.

11. Terms of payment

The payments must be made by the ordering party without any deduction (e.g. discount, bank charges, taxes, commission, etc). Payment must be made within 30 days of receipt of the invoice. If the invoice is not paid within 30 days, the ordering party is in default without a demand note being issued. In this case, Calendaria AG is entitled to claim interest on arrears to the amount of the current rate of interest for bank loans.

12. Applicable law
The contractual relationship between Calendaria AG and the ordering party is subject explicitly to Swiss law.

13. Place of jurisdiction
Place of jurisdiction for any disputes is the principal place of business of Calendaria AG.

Deviating terms and conditions of business (AGBs) are not accepted.



Calendaria AG
Calendariaweg 2
CH-6405 Immensee

Phone: +41 41 854 22 11
Fax: +41 41 854 22 22