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General Conditions of Sales and Delivery

1. General

The general contract conditions in accordance with VSM 2001 (Swiss Association of Machinery Manufacturers) shall apply. These conditions shall be known and acknowledged. Any conditions stipulated by the buyer, which contradict the general conditions (VSM and the ones hereafter), shall only be valid if expressly acknowledged by the supplier in writing.

2. Scope of supplies and services

All Rinco deliveries shall be carried out exclusively on the basis of these General Conditions of Sales and Delivery and the 2001 VSM conditions. The buyer shall acknowledge that he knows of these conditions and that he is expressly recognising them without reserve by placing an order. Deviations from these conditions shall only be valid if confirmed by Rinco in writing. In particular these General Conditions of Sales and Delivery and VSM conditions shall take precedence over any deviating general contract conditions belonging to the purchaser/contractor. Such deviations shall only apply if acknowledged by Rinco in written form.

The buyer notably cannot make claim to his own general contract conditions in his (even subsequent) correspondence, quotations, order confirmations, bills of delivery or invoices, etc. Under all circumstances, these General Conditions of Sales and Delivery and the VSM conditions shall take precedence over any other information on brochures, as part of tariff and delivery services, etc. These General Conditions of Sales and Delivery and the VSM conditions are the only conditions which shall apply between the parties. In so far as these General Conditions of Sales and Delivery stand in contradiction to the VSM conditions, these General Conditions shall take precedence.

3. Prices and payment

Our prices shall be understood as being net, delivery ex-works; taxes, packaging and insurance are not included. Net payment shall be due within 30 days of the invoice date without deduction. Any other payment conditions must be agreed upon in writing. Transport risks shall be covered by the customer.

4. Retention of title

RINCO shall remain the owner of all supplies until full payment has been received. Upon conclusion of the contract, the customer shall authorize RINCO to enter the retention of title in the public register and to fulfill all corresponding formalities.

5. Delivery times

The best possible delivery times shall be established at the supplier’s discretion. In case of delays or failure to deliver, the customer shall not be entitled to cancel orders or to claim for any damages. The buyer shall not be entitled to damage compensation claims in the case of failure to deliver due to force majeure and non-culpable conduct on our part or on the part of our suppliers.

6. Guarantee

The factory settings are performed at 20°C. The ambient temperature can range between 10° and 45° during operation.

7. Working temperature

Les réglages d'usine sont effectués à une température de 20 °C. La température de travail doit se situer dans une plage entre 10 °C et 45 °C lors de l'utilisation.

8. Warranty

To meet the needs of medical technology more effectively, Rinco Ultrasonics AG is certified according to ISO 13485:2012. In the Rinco Ultrasonics Management Handbook, all the processes, rules and data which are relevant in the context of the supplied goods are available. Information about the degree of traceability and access to relevant documents can be issued on request.

Special requirements for goods supplied by Rinco Ultrasonics AG shall be indicated by the customer both in the request and in the order.

The sales department of Rinco Ultrasonics AG must be informed of any returns in advance. A reason for the return must be specified. Any problems regarding the use of the goods must be reported to the customer service department of Rinco Ultrasonics AG immediately.

If the supplied goods are for medical use, Rinco Ultrasonics AG shall not be liable for biocompatibility, sterility, or other attributes typically required in the field of medical technology. The customer shall keep Rinco Ultrasonics AG exempt from any claims made by third parties against Rinco Ultrasonics AG, and ensure that the customer’s insurer waives all recourse against Rinco Ultrasonics AG.

Rinco Ultrasonics AG disclaims any liability for damage or consequential damages resulting from the improper use of the supplied goods or from a failure to check over the process.

The customer and Rinco Ultrasonics AG both acknowledge their own obligation to comply with the health and safety regulations concerning the supplied goods. The customer shall be familiar with the supplied goods and confirm that it is fully informed about any known risks with the said supplies. The customer must ensure compliance with the relevant state government health and safety regulations for the supplied goods and take all reasonable steps to protect its employees, agents, contractors and customers from all hazards connected thereto, including their use, transportation, storage, application and disposal. The customer shall assume a responsibility to instruct its employees, independent contractors, and subsequent buyers of the supplied goods about necessary warnings or other preventive measures. The customer shall defend and completely compensate Rinco Ultrasonics AG at his own expense. It shall indemnify the company branches, parent companies and subsidiaries, agents, managing directors, governing bodies, employees, representatives and legal successors from any losses, damages, claims, penalties, fines, law suits, litigation, judicial, administrative and arbritration proceedings, judgements, costs and expenses (also including attorney's fees), which are incurred because the customer has failed to observe warnings or take other preventive measures in connection with the supplied goods.

9. Place of fulfilment

The place of fulfilment is Romanshorn. The transport risk shall be borne by the customer.

10. Applicable law and jurisdiction

VSM Conditions, Swiss Law
Jurisdiction is Romanshorn/Switzerland

11. Contradiction German/English

In case of a contradiction between the German and the English text the German text shall take precedence.