General terms & conditions of business

Kern Studer GmbH - ERGO-line workstation systems, Samstagern

The following terms and conditions of sale and delivery apply exclusively to the delivery of our products.

They are deemed to have been accepted by the buyer unless the buyer objects immediately.

1. Quotation
Our quotations are non-binding. We reserve the right to make changes to the products due to technical advances.
The listed prices, product images and product descriptions are indicative only without any guarantee. Delivery periods, availability and errors excepted.

2. Prices

Unless stated otherwise, all prices are in CHF per item plus any material-related surcharges. Statutory VAT is not included in the prices.

Prices are otherwise ex works and do not include packaging. The packaging of our shipments is limited to what is absolutely necessary. It is usually reusable or recyclable and marked with the appropriate symbols.

The shipping costs are calculated according to value and weight and shown accordingly in the order process.

We reserve the right to change prices. Therefore, the prices shown in our order confirmation, which may deviate from the catalogue, the price lists or our non-binding offer, are binding.

3. Payment

Unless stated otherwise in the order confirmation, our invoices are payable net in CHF within 30 days of the invoice date. It is not possible to offset or withhold payments due to counterclaims that we have disputed and have not been legally established.

If the customer does not meet this payment deadline, Kern Studer AG or the debt collection service provider shall be entitled to charge the customer additional costs for the delay in payment without further notice.

If the customer is in arrears with its payment obligations, Kern Studer AG shall be entitled to suspend the delivery of goods until the outstanding amount has been paid in full.

4. Delivery time

The majority of our products are “available from stock at short notice”. Otherwise, our delivery times are non-binding guidelines, as some of our products are made to order or periodically. These delivery times apply from the date of our order confirmation. Delivery days are working days excluding Saturdays.

Goods received can be returned up to a maximum of 30 days from the delivery note date. Chemical and chemical-technical items or goods not belonging to the Kern Studer AG range cannot be returned.

5. Transport

At the time the goods ordered by you are handed over to the carrier (post, rail, parcel service or forwarding agent), we are deemed to have fulfilled our contractual obligations and the risk is transferred to you. Please check the goods upon receipt to make sure they are intact. If there is any transport damage, please report this to the forwarding company responsible immediately.

We will make partial deliveries if it appears advantageous and economically sensible for rapid processing. Especially where the delivery times for different products vary greatly, so that you receive your goods as quickly as possible.

6. Retention of title
Kern Studer AG remains the owner of the goods until the delivery of goods has been paid for in full, including all ancillary costs incurred in connection with the delivery of the goods. As long as all outstanding claims have not been paid, Kern Studer AG shall be entitled to register a retention of title to the delivered goods at the customer's expense.

7. Complaints

Obvious defects must be reported in writing within 14 days of receipt of the goods, hidden defects within 3 days of discovery of the defect.

Products that display quality defects should be returned to us at your own expense within 7 days in unused, perfect condition and in the original packaging.

8. Quality guarantee (warranty) and compensation

We grant a quality guarantee on material and workmanship for our products for a period of 12 months from delivery. Insofar as a longer quality guarantee is expressly given for individual products in our sales documents, this longer guarantee period shall of course apply. In the event of justified notice of defects, we shall provide a warranty, at our discretion, within the specified period of time, free of charge, by way of rectification or new delivery.

Any further warranty and/or contractual claims for damages are excluded, unless they are based on intent or gross negligence, the serious violation of main obligations or the properties expressly guaranteed in writing.

9. Place of performance and jurisdiction
The place of performance and jurisdiction is the registered office of Kern Studer AG.

10. Legal validity

Should any individual provisions of these terms of sale and delivery prove to be ineffective, this shall not detract from the effectiveness of the remaining provisions and that of the legal transaction as a whole.

These General Terms & Conditions and all contracts concluded based on them are subject to substantive Swiss law.

Our aim is to satisfy you as a customer. Should an error nevertheless occur, please feel free to contact us. We will then find an acceptable solution.

Yours, Kern Studer AG

Kern Studer AG
ERGO-line workstation systems
Weberrütistrasse 9
CH - 8833 Samstagern