1.1 These General Terms and Conditions of Walter Looser AG refer to the sale and delivery of semi-finished products and standardised finished parts as well as the provision of services.
1.2 These General Terms and Conditions apply to all contractual relationships between Walter Looser AG and the Customer, insofar as they are expressly or tacitly acknowledged by the Customer.
1.3 These General Terms and Conditions are not restricted by deviating terms and conditions of the Customer. They are deemed to be approved unless the Customer expressly notifies Walter Looser AG of the terms or conditions that it does not wish to accept, within 8 days of the mailing of the order confirmation by Walter Looser AG (the date of the postmark is decisive).
2.1 The scope, content and price of the supplies and services of Walter Looser AG are based on the terms and conditions of the written order confirmation.
2.2 Walter Looser AG provides its supplies and services within the scope of the operational resources at its disposal. Walter Looser AG may engage third parties to provide the services.
2.3 Compared to the order quantity, an over or under delivery of up to 10% is permissible. Any further subsequent amendment of any contractual service requires a written amendment to the individual contract. Any effects on the delivery schedule and on the total remuneration payable to Walter Looser AG must be specified therein.
2.4 In Switzerland, Walter Looser AG reserves the right to assert retention of title until full payment of the invoices issued to the Customer. The Customer authorises Walter Looser AG to register the retention of title at the Customer's expense and, if applicable, to register the lien and to complete all the necessary formalities.
For deliveries abroad, the delivered products remain the property of Walter Looser AG until full payment of the invoices issued to the Customer, this being in accordance with the legal provisions applicable at the respective place of delivery in the foreign country. The costs of such procedures are charged to the Customer. The Customer is obliged to comply with its duty to cooperate regarding the enforcement of retention of title.
3.1 The Customer essentially supports Walter Looser AG in the delivery of products or the provision of services by means of timely and clear instructions and the provision of the required information.
3.2 The Customer ensures that the information it provides to Walter Looser AG for the fulfilment of the contract is complete and correct.
3.3 All costs incurred by Walter Looser AG arising from non-fulfilment or improper fulfilment of the Customer's obligation to cooperate are charged additionally to the Customer.
3.4 If acceptance was agreed in the individual contract, the results of the work are deemed to be accepted if the delivered products or services were successfully tested in accordance with the agreed acceptance procedures. If the acceptance procedure is delayed for reasons not attributable to Walter Looser AG, acceptance is deemed to have taken place on the originally specified date. In any case, the results of the work are deemed to be accepted if the Customer uses or could use them productively. Minor defects do not prevent acceptance.
3.5 The Customer is liable to Walter Looser AG for all damages that are attributable to the breach of its contractual responsibilities and obligations.
4.1 In view of the fluctuating prices on the metal and foreign exchange markets, all offers are subject to change and an order is only deemed to be accepted if it was confirmed to the Customer by Walter Looser AG in writing.
4.2 The prices and charges for the individual supplies or services are specified in the individual contract between the Parties.
4.3 Unless otherwise stated, the prices and charges are in Swiss Francs (CHF), excluding VAT, excluding fees and duties, excluding transport, transport insurance, packaging and other ancillary costs and excluding expenses.
4.4 The date of invoicing and the due date are regulated in the individual contract between the Parties. In the absence of such a regulation, invoicing takes place upon delivery and the remuneration agreed in the individual contract is due for payment within thirty days from the invoice date, net and without further deductions by the Customer.
4.5 Insofar as the individual contract with Walter Looser AG stipulates an advance payment, this must be paid within 10 days of contract conclusion. The advance payment is accounted for as part of ongoing invoicing.
4.6 The Customer may only offset claims against Walter Looser AG against debts owed to Walter Looser AG if Walter Looser AG gives its written consent.
4.7 In the event of failure to meet the payment deadlines, default interest of 8% p.a. is payable from the due date, without further reminder. Walter Looser AG reserves the right to temporarily suspend supplies and services and / or to immediately terminate the contract if, despite two written reminders, the Customer continues to fail to meet its obligation to pay.
4.8 If, during the delivery period, justified doubts arise about the solvency of the Customer, Walter Looser AG reserves the right to demand securities or to withdraw from the contract, without the Customer thereby acquiring any entitlement to claims arising therefrom.
5.1 Unless otherwise agreed between the Parties, the following conditions apply:
5.1.1 In principle, deliveries are deemed to have been made when the consignment is made available on the warehouse ramp of Walter Looser AG for transportation to the Customer.
5.1.2 In principle, services that do not simultaneously include products are deemed to have been provided when the results of the work are handed over to the Customer.
5.2 Unless otherwise agreed between the Parties, delivery to the Customer is made from the warehouse ramp of Walter Looser AG to the delivery address specified by the Customer.
5.3 Benefit and risk are transferred to the Customer as soon as the delivery leaves the warehouse ramp of Walter Looser AG, including partial deliveries.
5.4 All illustrations, dimensions and information on the website and on printed documents issued by Walter Looser AG were elaborated and determined with great care; however, they are not binding. Walter Looser AG assumes no liability for incorrect and / or incomplete information.
5.5 Information regarding delivery times is not binding unless Walter Looser AG guarantees a binding delivery date.
Information regarding dates or deadlines for the delivery of the products as well as the time for the provision of services are regulated in the individual contract between the Parties. Guaranteed delivery and fulfilment dates are valid subject to events of force majeure as well as late delivery by sub-contractors.
Delivery date variations must be ascertained as early as possible. Any necessary adjustments to the delivery schedule require the consent of both contract partners, which may not be unreasonably refused. If the Customer fails to comply with its duty to cooperate, the promised deadline obligations of Walter Looser AG are suspended for the duration of the delay. In any case, a delay in delivery does not entitle the Customer to unilaterally withdraw from the contract.
5.6 If a delivery is destroyed or lost during transportation from the supplier to Walter Looser AG and the supplier is unable to provide Walter Looser AG with a replacement at short notice under the same conditions, the individual contract with the Customer is deemed to be terminated. The Customer may not claim compensation for losses arising if the contract is terminated in this way or due to subsequent late delivery.
5.7 In respect of product deliveries, Walter Looser AG guarantees that, at the time of delivery or acceptance, the delivered products comply with the properties (specifications) set out in the individual contract with the Customer.
5.8 In respect of services, Walter Looser AG is responsible for ensuring that the work entrusted to it is carried out with due care and the required specialist knowledge. Any liability for design and material proposals is excluded.
5.9 If a defect occurs within 6 months after delivery of the products or after adopting the results of the services performed, the Customer is entitled to rectification or improvement only.
Such claims for rectification or improvement presuppose written and traceable notification of defects by the Customer within five working days after discovery of the defect.
If a delivery proves to have a demonstrable material defect and the complaint is received in a correct and timely manner, Walter Looser AG endeavours to provide a flawless replacement delivery. In this case, the Customer is obliged to accept the replacement offered by Walter Looser AG. Should such a replacement delivery be impossible, Walter Looser AG passes on to the Customer such compensation as it receives from the supplier, within the scope of applicable practice. However, Walter Looser AG is not obliged to take legal action against the supplier. Further claims of the Customer are excluded.
5.10 In the case of force majeure or unforeseen circumstances (e.g. export restrictions, shortage of raw materials and energy, loss of production as a result of strike, fire, earthquake, flood, acts of war, etc.), any liability for improper or non-performance of the individual contract is waived. The Customer must accept the delivery if, despite the stated circumstances, it is possible but only with delay. Therefore, the Customer may not claim damages or cancel the purchase.
Likewise, the Customer is not entitled to any delivery or compensation for loss of delivery if Walter Looser AG is no longer able to fulfil the contract due to force majeure or unforeseen circumstances.
5.11 Walter Looser AG is liable within the scope of the respective individual contract for direct damages incurred by the Customer in connection with the performance or improper or non-performance of the contract, provided that gross negligence or intent can be proven to Walter Looser AG.
Any further liability on the part of Walter Looser AG or its vicarious agents, in particular for indirect or consequential damages, such as lost profits, additional expenses or personnel costs of the Customer, unrealised savings, third party claims, production downtime costs, loss of data and slight negligence, is expressly excluded.
Walter Looser AG can accept no liability for misuse and damage by third parties or for the costs of repair and support services.
Walter Looser AG accepts no liability for interruptions to operations for the purpose of troubleshooting, maintenance, the introduction of new technologies or similar reasons.
5.12 Further warranty claims against Walter Looser AG are excluded.
6.1 Walter Looser AG reserves the right to amend these General Terms and Conditions at any time. The Customer is informed of any changes in writing. If no objection is raised within 30 days, the changes are deemed to be accepted.
6.2 Should individual provisions of these General Terms and Conditions be void, ineffective or unenforceable, the validity of the remaining provisions is not affected. These remain unchanged and retain their validity. Any void provision is replaced by a provision that approximates most closely to the economic purpose of the original provision, if necessary by adapting the remaining provisions of these General Terms and Conditions.
6.3 Swiss substantive law applies exclusively to these General Terms and Conditions and the validity thereof.
6.4 The place of performance and the exclusive place of jurisdiction for disputes in connection with these General Terms and Conditions is the registered office of Walter Looser AG, currently in Zurich.
However, Walter Looser AG is also entitled to take action against the Customer at its domicile.
Walter Looser AG
Josefstrasse 206
CH-8031 Zurich
Switzerland
+41 44 445 60 60
info@bronze.ch
VAT no.: CHE-101.451.328
Commercial Register no.: CHE-101.451.328
The copyright for all contents of this website is owned by Walter Looser AG, 8031 Zurich.
All texts and links were carefully checked and are constantly updated. While we endeavour to provide accurate and complete information on this website, we accept no responsibility, warranty or liability for the accuracy, completeness or currentness of the information provided via this website. We reserve the right to change the information on this website at any time and without notice. We undertake no obligation to update the information contained herein. All links to external providers were checked for accuracy at the time of their inclusion, however we are not responsible for the content and availability of hyperlinked websites. The provider of the page to which reference was made is liable for illegal, incorrect or incomplete contents and in particular for damages caused by the contents of linked pages. It is irrelevant here whether the damage is direct, indirect, of a financial nature or any other damage that may result from data loss, loss of use or other reasons of any kind.
This website uses cookies and stores and/or transmits personal data, as detailed in this data privacy policy. In the process, Walter Looser AG takes reasonable and appropriate organisational and technical measures to ensure data protection and data security.
All data received is processed in accordance with the principles of the Swiss Data Protection Act and the statements in this data privacy policy. The data is used for internal purposes only and is not disclosed to third parties.
When calling certain pages, a so-called «session cookie» is set. This is a small text file that is automatically deleted from your computer after the browser session ends. This file serves exclusively to facilitate the use of certain applications. You can change the settings on most web browsers so that your browser does not accept new cookies or you can delete received cookies. How this actually works for your browser can usually be established via its Help function.
As with any connection to a web server, the server of our web hosting provider Kreativ Media GmbH, Dufourstrasse 90, CH-8008 Zurich, logs and stores certain technical data. This data includes the IP address and operating system of your device as well as the data, access time, browser type and browser request, including the origin of the request (referrer). This is necessary for technical reasons in order to make our website available to you. The web hosting provider uses technical and organisational measures to protect this data against unauthorised access and does not pass it on to third parties. Insofar as we process personal data, we do so because of our interest in providing you with the best possible user experience and ensuring the security and stability of our systems.
The Walter Looser AG website uses the map service Google Maps and Google Street View provided by (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). To use the functions of Google Maps, it is necessary to save the IP addresses of the visitors. This information is transmitted to and stored by Google on servers in the United States. Among other uses, Google draws on the information obtained for the purpose of optimising Google Maps and Google Street View (e.g. recognition of house numbers and street names).
This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called «cookies», i.e. text files that are stored on your computer and that allow an analysis of your use of the website.
Google uses this information to evaluate your use of the website on behalf of its operator, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by your browser as part of Google Analytics is not merged with other information held by Google.
You can prevent or delete the storage of cookies by means of a setting in your browser.
Please note that for the purpose of simplifying the purchasing process and for subsequent contract processing by the web shop operator (Abacus Research AG, Abacus Square 1, CH-9300 Wittenbach - St. Gallen), the IP data of the connection owner as well as the name, address and means of payment of the buyer are stored within the scope of cookies.
We also store your contact information for the purpose of contract processing. The data you provide is required to fulfil the contract or to carry out pre-contractual measures. Without this data, we are unable to conclude the contract with you. Data is not transferred to third parties, with the exception of the transport company / shipping company commissioned by us to deliver the goods.
After termination of the shopping process, the data stored with us is deleted. In the case of a contract, all data from the contractual relationship is stored until the expiration of the tax retention period (10 years). The data name, address, purchased goods and date of purchase are also stored until the end of the product liability period (10 years).
You have the right to information, correction and deletion of the data we process about you. If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you are welcome to contact us.
You can get in touch with us using the following contact information:
Walter Looser AG
Josefstrasse 206
CH-8031 Zurich
Switzerland
+41 44 445 60 60
info@bronze.ch
Walter Looser AG reserves the right to change the content of the website and this data privacy policy at any time. It is the responsibility of the visitor to check the terms and conditions for updates when revisiting the website.
This data privacy policy was updated on 25.07.2019.
