The following terms are valid for all current and future offers and deliveries.
These conditions are regarded as accepted once the order has been placed. Any exemption from these general terms of agreement will be recognized as valid only if approved in writing by Intercosmetica Neuchâtel SA. Intercosmetica Neuchâtel SA is quoted without engagement and under any reservation.
These general terms of agreement can be amended at any time at the sole discretion of Intercosmetica Neuchâtel SA.
The product is made up of a mix according to specifications provided by the purchaser or Intercosmetica Neuchâtel SA on the request of the purchaser.
The necessary components are delivered by the purchaser to Intercosmetica Neuchâtel SA or selected beforehand and checked by Intercosmetica Neuchâtel SA.
The delivered product is made up of a product to be conditioned and to be delivered by the purchaser to Intercosmetica Neuchâtel SA or of a product manufactured (2.a) by Intercosmetica Neuchâtel SA itself, in the packaging selected by the purchaser or in the packaging selected and checked by Intercosmetica Neuchâtel SA.
Intercosmetica Neuchâtel SA is committed to carrying out the manufacturing and filling with the utmost care.
The purchaser guarantees that the description of materials delivered or which he has ordered (contents and packaging) for the nature of ordered packaging has been checked. Intercosmetica Neuchâtel SA shall not be responsible for the stability of the products and the operational safety of the products delivered by the purchaser or ordered by himself.
The purchaser must immediately notify Intercosmetica Neuchâtel SA of any modification to the existing specifications of the materials which he delivers.
Unavoidable loss of material during manufacturing is the responsibility of the purchaser. Intercosmetica Neuchâtel SA reserves the right to over or under supply approx. 10% of deliveries, at the expense of the purchaser.
The purchaser or the recipient of the goods as indicated by the former, should check goods upon reception and present his written complaints within 14 days, after which time the goods will be considered as accepted.
Intercosmetica Neuchâtel SA is not responsible for any hidden defects of the raw materials delivered by the purchaser to Intercosmetica Neuchâtel SA or bought by Intercosmetica Neuchâtel SA from a third party in accordance with his instructions.
The provided guarantee is limited to the replacement delivery or to a fair reduction in price. Only Intercosmetica Neuchâtel SA is legitimated to choose between the replacement and the reduction in price. Intercosmetica Neuchâtel SA renounces responsibility in the event of any slight damage caused by itself. In the event of any grievance or serious damage, the responsibility for Intercosmetica Neuchâtel SA is prescribed by one year from the filling. Storage and correct handling of the product are in all cases presumed.
The purchaser is responsible for respecting the legal provisions concerning the materials provided from him to Intercosmetica Neuchâtel SA as well as materials and/or types of packaging ordered from Intercosmetica Neuchâtel SA.
He provides in particular the necessary information to the customer (with regard to the combustibility, toxicity, regulations, consumer protection, etc). Intercosmetica Neuchâtel SA is committed to providing the necessary information to this end. Without a written agreement to the contrary, the situation as regards patents must be clarified and defended by the purchaser.
The materials placed at the disposal of Intercosmetica Neuchâtel SA for filling will be insured against the damage caused by fire only at the express request of the purchaser, and at his cost and responsibility.
The delivery terms must be agreed separately for each order. Contracts concluded with a time limit must be performed within one year as of the date of signature of the contract. In the event of unforeseeable difficulties, the delivery periods can be prolonged by Intercosmetica Neuchâtel SA.
Any financial claim for direct or consecutive damage is expressly excluded.
In the event of unforeseen circumstances or events for which Intercosmetica Neuchâtel SA is not responsible (e.g. raw material shortage, riots, war, strikes, delays by subcontractors, etc) which prevent or delay the delivery or give rise to cause price increases at the time of manufacture, Intercosmetica Neuchâtel SA reserves the right, without obligation of compensation, to terminate the contract in whole or part by writing to the purchaser, if the latter does not agree to the in price increases due to these circumstances or doesn’t accept a prolongation of the delivery period.
The prices Intercosmetica Neuchâtel SA are valid ex-works Neuchâtel. The profits and risks of the provided goods pass to the customer at the time when the goods are at the disposal of the purchaser. Transport is carried out at the customer’s own risk. It is up to the customer to give the proper instructions and orders relating to transport. The materials placed at the disposal of Intercosmetica Neuchâtel SA are stored free of charge for a maximum period of three months. Beyond that, storage will be charged per month and per pallet.
Intercosmetica Neuchâtel SA prices are net, in Swiss francs or another aforementioned currency. The acceptance and fulfilment of an order can be subject to a guarantee or to a pre-payment based on the quotation conditions. A customer who has not paid within the due date of the invoice is in default as to the payment of his financial debt and shall pay penalty interest at five percent per annum. Bills of exchange and cheques are accepted with the usual reservations. In the event of an increase in cost during production, Intercosmetica Neuchâtel SA is authorised to adjust its prices accordingly.
Intercosmetica Neuchâtel SA is entitled, in the event of a change in the buyer’s financial status, or in case the purchaser fails to comply with his payment obligations, to cease part or full delivery, from the warehouse to the customer, of an order for as long as it is unpaid, to resell the goods as a long time and to totally or partially cancel that part of the contract which has not been performed.
The venue for payments is Neuchâtel. Disputes that may arise between the parties shall be settled by the local courts of Neuchâtel. The parties choose to apply the Swiss Code of obligations to their business transactions.